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Bedtime for Democracy
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<blockquote data-quote="Judge Bean" data-source="post: 22171" data-attributes="member: 42"><p><strong>Re: Bedtime for Democracy</strong></p><p></p><p>Congress has exceeded the law, and thus (predictably so, when its members can't wait to publicly announce that their chief duty is to enact presidential will) violated the Constitution. The president violates the Constitution by urging the government to step in and save Schiavo's life-- whatever the life is actually worth, and regardless of her apparent stated desire to end it when it became that thin and narrow.</p><p></p><p>First you have the hypocrisy of the president, who gets worked up into high dudgeon at the direction of Rove about "activist judges," and then (as the citation to Brown v. Bd. of Education above shows) pulls out all of the stops to get the judiciary to take radical action to overturn the entire system. The president, once again, places his own impatient, brainless "resolve" before the law, and violates the Constitution for his own gain.</p><p> </p><p>Next you have the illegal exclusivity of the government action. Remember that this is a nation of laws, "not men," and is founded on principles of due process and equal protection. These principles only work when every individual is subject to the same laws, and only when the government cannot exceed the regular and predictable course of procedure in depriving anyone of rights.</p><p> </p><p>Now, some States have decided that a person has a right to die. Inevitable, under the circumstances, such a decision may have to be made by proxy. This is why the idea of a living will caught on a few years ago: you let everyone know ahead of time what you would prefer about your fate if it ever came down to the wire-- or rather, down to the tube.</p><p> </p><p>Mr. Schiavo, as I understand it, claims that she made a clear statement to him about her wishes. This statement has apparently not been overturned or impeached in court. The State court was asked to obey the wishes of the president, but the judge (unlike the Senate and the Supreme Court) apparently does not consider his or her duties to include consideration of the president's wishes in interpreting and applying the law.</p><p> </p><p>She is neither dead nor alive, apparently. Things are not so clear-cut. It's the same kind of scientific problem as the one posed by the consideration of first-trimester fetuses: dead or alive? Human or not in the loop? Somebody has to make these decisions, and doctors have been making them throughout history; mothers make them all the time, people make them about their loved ones. </p><p> </p><p>Don't let the government make them.</p></blockquote><p></p>
[QUOTE="Judge Bean, post: 22171, member: 42"] [b]Re: Bedtime for Democracy[/b] Congress has exceeded the law, and thus (predictably so, when its members can't wait to publicly announce that their chief duty is to enact presidential will) violated the Constitution. The president violates the Constitution by urging the government to step in and save Schiavo's life-- whatever the life is actually worth, and regardless of her apparent stated desire to end it when it became that thin and narrow. First you have the hypocrisy of the president, who gets worked up into high dudgeon at the direction of Rove about "activist judges," and then (as the citation to Brown v. Bd. of Education above shows) pulls out all of the stops to get the judiciary to take radical action to overturn the entire system. The president, once again, places his own impatient, brainless "resolve" before the law, and violates the Constitution for his own gain. Next you have the illegal exclusivity of the government action. Remember that this is a nation of laws, "not men," and is founded on principles of due process and equal protection. These principles only work when every individual is subject to the same laws, and only when the government cannot exceed the regular and predictable course of procedure in depriving anyone of rights. Now, some States have decided that a person has a right to die. Inevitable, under the circumstances, such a decision may have to be made by proxy. This is why the idea of a living will caught on a few years ago: you let everyone know ahead of time what you would prefer about your fate if it ever came down to the wire-- or rather, down to the tube. Mr. Schiavo, as I understand it, claims that she made a clear statement to him about her wishes. This statement has apparently not been overturned or impeached in court. The State court was asked to obey the wishes of the president, but the judge (unlike the Senate and the Supreme Court) apparently does not consider his or her duties to include consideration of the president's wishes in interpreting and applying the law. She is neither dead nor alive, apparently. Things are not so clear-cut. It's the same kind of scientific problem as the one posed by the consideration of first-trimester fetuses: dead or alive? Human or not in the loop? Somebody has to make these decisions, and doctors have been making them throughout history; mothers make them all the time, people make them about their loved ones. Don't let the government make them. [/QUOTE]
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