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.

4 Comments:

Anonymous Anonymous 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 soulpole66 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 soulpole66 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 TheBitterAmerican 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  

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