Wednesday, March 23, 2005
Thoughts on the Legal Stuff in the Schiavo Case
Ok, first off the bat I need to tackle the federalism argument liberals and some conservatives are raising. The Constitutional order does indeed give leeway to the states to make their own rules which the federal government often overruns. And conservatives have been hypocritical sometimes about this issue, medical marijuana being the issue that tops my mind. However, the Congress in allowing the federal courts to review the case de novo isn't a breach of state's rights. Under the 14th amendment, states must protect the rights of citizens. Under Article 3 Congress can set the jurisdictions of federal courts.
And let's speak of state's rights. Florida's legislature passed a law protecting Terri which the judicial branch simply overturned by invoking separation of powers. If you would like a good analysis of that topic, go here.
Lastly, I do not understand why the federal courts have refused to reinsert the feeding tube until there is further review. That was the freaking intent of the law. I'm no lawyer, but on the face of things, it seems like judicial activism.
Update: I'm listening to Sen. Sanatorum right now. Congress did authorize a new trial and courts are simply ignoring the law. Now, you can ignore whether it should have been passed. But the issue of judges come full circle. Are we still a republic? Honestly. These judges are out of control. And this has nothing to do with this case. Frankly, to ignore a law about anything drives me up a wall.
Ok, first off the bat I need to tackle the federalism argument liberals and some conservatives are raising. The Constitutional order does indeed give leeway to the states to make their own rules which the federal government often overruns. And conservatives have been hypocritical sometimes about this issue, medical marijuana being the issue that tops my mind. However, the Congress in allowing the federal courts to review the case de novo isn't a breach of state's rights. Under the 14th amendment, states must protect the rights of citizens. Under Article 3 Congress can set the jurisdictions of federal courts.
And let's speak of state's rights. Florida's legislature passed a law protecting Terri which the judicial branch simply overturned by invoking separation of powers. If you would like a good analysis of that topic, go here.
Lastly, I do not understand why the federal courts have refused to reinsert the feeding tube until there is further review. That was the freaking intent of the law. I'm no lawyer, but on the face of things, it seems like judicial activism.
Update: I'm listening to Sen. Sanatorum right now. Congress did authorize a new trial and courts are simply ignoring the law. Now, you can ignore whether it should have been passed. But the issue of judges come full circle. Are we still a republic? Honestly. These judges are out of control. And this has nothing to do with this case. Frankly, to ignore a law about anything drives me up a wall.
