Monday, March 21, 2005

Federal Power Grab

Make no mistake about it, that's what tonight's late night session consists of.

"Today, congressional leaders are trying to appoint Congress as a judge and jury," said Rep. Jim Davis, D-Fla. "If we do not draw the line in the sand today, there is no limit to what democratic principles this Congress will ignore or what liberties they may trample on next."

He's absolutely correct.

Frist also noted that the bill, responding to some Democratic objections, does not affect state assisted suicide laws or serve as a precedent for future legislation.

That's a load of crap, Bill, and you know it. ALL legislation is precedent for other legislation, and every federal power grab is a threat to federalism and the rule of law. Funny, seems to me the GOP used to understand that logic.

8 Comments:

Anonymous Maia said...

Wellllll . . . basically I agree with you (and Loki) on this aspect of the Schiavo case. I doubt that the legislation passed last night will be able to stand - it will likely be overruled as unconstitutional someday soon. I think the hope is that it will buy more time for some new testing or SOMETHING.

I honestly don't know what to say other than I'm torn between a fear of this type of legislative activism and of judicial activism -- between a fear of a slippery slope towards government-sponsored euthanasia of the disabled and fear of government intrusion into private medical decisions (which seem to be the same thing! but in this case are somehow on opposite sides).

Rationally - I see your point. I'm just having trouble with the active murder by starvation of this not-sick, not-dying, possibly non-vegetative person.

10:33 AM  
Blogger the Pirate said...

This comment has been removed by a blog administrator.

11:34 AM  
Blogger the Pirate said...

How about this gem from Michael Schiavo on Larry King (http://transcripts.cnn.com/TRANSCRIPTS/0503/18/lkl.01.html):

>>KING: Have you had any contact with the family today? This is a sad day all the way around, Michael. We know of your dispute.

M. SCHIAVO: I've had no contact with them.

KING: No contact at all?

M. SCHIAVO: No.

KING: Do you understand how they feel?

M. SCHIAVO: Yes, I do. But this is not about them, it's about Terri. And I've also said that in court. We didn't know what Terri wanted, but this is what we want...<<

Must be that 'royal we' when he spoke of what she wanted.

11:35 AM  
Blogger rox_publius said...

There's supposed to be a clearly defined role for both legislators and judges, as well as for state and federal governments. True, we seem to historically be more familiar with judges legislating than with legislators judging, but both are usurption of power.

As for being uncomfortable with death by starvation, well, only an automaton wouldn't at least cringe a bit at the idea. But multiple courts over a long course of time hearing testimony from a number of doctors have all reached the conclusion that she is no longer sentient and has no hope of recovery. I think we have to accept that she has, for all practical purposes been deceased for quite some time.

11:36 AM  
Blogger rox_publius said...

Live TV is rough on people...

Look, I don't want to end up as a character witness for Michael Schiavo, because I don't know him, but a judicial decision can't be based on whether the individuals involved are "good guys" or not.

11:51 AM  
Blogger the Pirate said...

Another thing that came to mind, that is semi-related is from when I was in middle school, we had the group of retarded kids, many of which were not able to chew food, and were fed via a feeding tube. They responded to outside stimuli by making noise or drooling. Other than that they didn't do much just sat there periodically eating and crapping. But it was more to get them out in a group of people and out of in home or hospital care for some of the day. With out the feeding tube they would of starved to death and that didn't seem like excessive means to keep them alive, esp. since they were able to perform other vital functions like breathing and the such on their own.

12:23 PM  
Blogger TrekMedic251 said...

Taking the emotion out of this for a second, what Congress did was ignore 7 years of litigation and 19 judicial opinions and, basically, violated the 10th Amendment.

As far as the whole Schiavo mess, she is rapidly becoming the Mumia Abu-Jamal of the Right!

'Nuff said!

8:58 PM  
Blogger the Pirate said...

Terri never murdered a cop in cold blood. Infact she never killed anyone (that we know of). Makes the cases a little different.

The 19 judical opinons were on the nadling of the trial procedings, there is only one opinion rgarding the facts presented in the case, those have never been reviewed.

2:54 PM  

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