... Now this Terri Schiavo issue may be framed by some as 'no big deal' but I see it as something much larger than the death of a disabled woman. That death is tragic, unnecessary and it was brought about by a judge in Florida who gave an order that was in contradiction to Florida Statute law, very likely in violation of federal law (Americans with Disabilities Act), and based upon heresay evidence from the husband/guardian, evidence which was not remembered until after 7 years from Terri's alleged accident.
Y'know, on the face of it, I agree completely. The big 'but' is that its been adjudicated and appealed and its done. The 'day in court' is over. It is a 'big deal', as every life is.
... The Congress got involved ...
And again the courts adjudicated and were appealed and were found without merit. Courts interpret laws. Thats what they've done here. I support the nuclear option and if we have unity on our side, perhaps the spineless senate will grow a pair. We don't coalesce unity by tearing at each other, nor will congress be encouraged by attacks on them that tried to help. Congress makes the laws and we cannot afford anymore demoncrap control of that process. Division on our side makes demoncrap control an ugly possibility.
... she was to be dehydrated/starved until she is DEAD.
Kinda SOP. Sorry.
... Unfortunately, the only thing that happened at the legislative and executive branch level was to draft, debate, pass and sign into law a measure
They tried, thaz all I know. That they tried is what is tearing at many of us. It was a judicial issue. Regardless of how 'many of us' feel, and regardless that the judicial rejected it again, they tried! Perhaps, as W said, "its better to err on the side of life", they tried. To hold the executive in contempt for not exercising abuse is really and truly counterproductive. Response to this contempt is why I first posted on this thread.
... That's my long winded rant for the night. ...
Our superiority is from being 'right'. Our strength is in unity. With unity we can affect the legislature. An effected legislature can cleanup the pond scum which the demoncraps have made of the judiciary.
Good afternoon. Hope this finds you well.
I'm semi-rested, and reflecting on this entire business, I think that we are mostly all on the same page regarding our view of the excesses of the judiciary in America.
The only difference (as I see it) is whether or not it is possible to repair what is broken from inside the established system, using the political mechanisms available (meaning the two dominant political parties), or whether the entire system is so rotten and corrupt that we must indeed, 'begin again'.
Our Founding Fathers believed that We The People have a right to abolish our government if that government fails to serve the public interest, if it becomes oppressive, if it exceeds it's authority and becomes a tyranny.
Tyranny is what American Patriots successfully fought to overthrow in the Revolutionary War. Tyranny is what is being imposed upon us by the out of control judiciary today, especially in the wake of the Schiavo case. By himself, Judge Greer is nothing but a pissant, a mediocre (at best) probate judge that is consumed with pride and arrogance due to the power he is able to wield. But when you combine such arrogance with the ingrained nature of his fellow jurists (both state and federal) to always protect their own self-interests, you have much more than just a pissant probate judge, you have someone who has destroyed the balance between our three branches of government, not so much by his own power, but by the failure of the other two branches to rein in the likes of Greer. I might add that Greer is not the only example of such judicial hubris, one needs only look at the 9th Federal Circuit (or circus as some call it) to see plenty of examples of over-reaching by judges, and that classic 'legislation from the bench'.
I recall a thread here on FR which described how Congress has the responsibility for defining the structure of our court system, and the only court that is truly mandated by the Constitution is the Supreme Court, i.e., it is technically possible for the Congress to dissolve the federal judiciary and begin with a fresh slate. Unfortunately, there is not the political courage to make such a move, and it is very likely that such a move would result in a very real civil war. Personally, I would say 'civil war be damned, bring it on'. But unless there is a true consensus among the majority of Americans that the federal judiciary must be renovated, reformed and rebuilt, nothing is going to change.
I think much of the problem is the inherent nature of the courts (both state and federal) to arbitrarily deny requests for hearings, reject appeals without comment, and I say 'what in Hell kind of justice is THAT?' Now I recognize that if the courts accepted each and every petitition filed that there would be a whole lot of nonsensical suits, but you know what? That's where the judges AND the courts ought to be earning their pay. Instead of cherry picking which cases they will hear, and which ones they will deny, they should be compelled to hear EVERY case, with the provision that if a case is truly without merit, if it is brought for frivolous purposes and is without foundation, the originator of such a suit (and their attorneys) must be levied a fine or penalty for wasting the court's time.
We hear all the time about how 'the Supreme Court has agreed to hear the case of...' and I say "you arrogant bastards, how DARE you 'agree to hear'?!? There is a case brought to you which requires the review of the highest court in the land, and it is brought to you because JUSTICE must be served and in the view of the litigants, justice has not been done."
The United States Supreme Court should be obligated to hear EVERY case brought before it, provided that such cases have exhausted all other federal and state courts first. Too many cases? Too bad. Make the SOBs put in for overtime. They don't even work a full year in the first place.
As it is, our judicial system is broken, justice is seldom delivered, and when it is? We have waited an obscene amount of time for that justice to be done. And even then, there is no guarantee that we won't wait longer due to the endless cycle of appeals, some which may be valid, but in many cases are not, and are nothing more than a court version of overtime in the NFL, when two teams that are tied are desperately hoping to score a winning point since neither one was able to win in regulation. (that's my take on it anyway)
We have been hearing for years about Democrats in the Senate using filibusters and every sort of gimmick to block qualified nominees from getting a simple up or down vote, but all the talk about the so-called 'nuclear option' is nothing more than that: talk. The Senate is nothing but a good ol' boys club, where everyone refers to their neighbor as 'my distinguished colleague', and 'my good friend', blah-blah-blah, and let me tell those Senatorial blowhards on BOTH sides of the aisle (as if they actually are listening, lol) "you were not elected to go make 'friends' and then make deals with those friends, and compromise endlessly while our Constitution is reduced to the equivalent of a sausage-based product, there is so much crap in there, it is impossible to define, and it ill-serves the people who sent you to Washington!"
I don't want Senators who glad-hand their buddies, be they Democrat or Republican, I want Senators who will legislate in the best interests of America, party affiliation be damned. Unfortunately, voters have such short memories, that even if their Senators (or Congressional reps) do everything except sodomize pigeons on the Capitol steps, the voters won't remember (or care) by the time the next electoral cycle comes around. Which is why we have this repeating cycle of mediocrity and corruption taking place.
What our elected officials in the House and Senate need to be subjected to is an annual review by the voters who elected them in the form of a referendum, and if they pass that referendum with an approval of 2/3rds or more, they stay in office. If not? They are subject to a recall election within 30 days, and it will be up to them to either convince the voters that they deserve to be returned to office, or they will be fired for not doing their job and rightly so. That would inject some REAL accountability, and while it might not be a perfect solution, it is better than what we have now.
The only other answers are to emulate our 1776 ancestors, and begin preparations for the next Revolution, and we have the RIGHT to start such a revolution because our Constitution GIVES us that right, the right to abolish the standing government if it no longer serves We The People.
I would like to think that the Republican Party is the best way to make the changes necessary without the need to completely tear down the system and start fresh. But I have not seen anyone in the GOP that has the courage to step up, take command, and LEAD such a battle. There is too much coziness and collaboration between Republicans and Democrats and as everyone ought to know by now, there can be no compromise between good and evil. One or the other must prevail.
Rant mode off. I need coffee.
Back later.
MM