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To: logician2u
Congress has no constitutional authority to exercise arbitrary power any time an emergency catches its attention, especially where there are no federal or constitutional issues at stake. That it is legally restrained from doing whatever it wants is part of what we mean by the rule of law.

The idea that the rule of law has somehow been subverted in the Schiavo case is a misnomer and anyone who suggests otherwise is constitutionally illiterate. Congress on Sunday simply expanded the the judicial power of the federal courts to hear this case. However, Congress did not once step outside of its Constitutional authority to intervene in the Schiavo case. The idea that this was a legislative power grab has essentially been nullifed by the actions of the federal courts.

The Schindlers failed to raise the substantive due process arguments before Whittemore and now Terri is paying a price for it.

That being siad the time for extra constitutional action by the executive (either Bush) is nearing. I'd prefer they restrain from taking such measures but if they did, I would support it based on natural law principles and Terri Schiavo's inherent right to live.

If you disagree, I don't blame you. It is ashame it has come to this.

45 posted on 03/23/2005 9:04:00 PM PST by bigeasy_70118
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To: bigeasy_70118
The Schindlers failed to raise the substantive due process arguments before Whittemore and now Terri is paying a price for it.

I beleieve what happened, is that this Federal Court Judge (Clinton Appointed) ignored Congress and only ruled on the legality of the initial case. Congress passed a bill requiring an entirely new trial, not just a review of the case

78 posted on 03/23/2005 9:29:12 PM PST by WBurgVACon
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