Posted on 03/31/2005 2:49:48 PM PST by GrandmaC
Lessons from Terri
Terri death is one of those issues that clarify many things.
There is a significant group of people in this country, mostly on the left, but this issue does across party lines to some extent both ways, who believe that ultimate power in this country rests, not with the people or their elective representatives, but with Judges. While they may not refer to it in this way, in their view a judge is effectively royalty. Perhaps the Judges on the lower courts are Lords and those on the Supreme Court the Kings, but they are royalty. Just as during the time of the Kings it was argued that the King could do no wrong, and whatever the King said, that was the law, they today argue that the Judges can do no wrong.
They may object by saying that Judges only follow the law, but then who is it that tells us what is the law? In this case the law in Florida said that absent a written living will there had to be clear and compelling evidence as to the intentions to pull life support. The law gave the benefit of the doubt to life, and that is basically what Terri’s parents and supporters were asking for, to have the Judge follow the law. Yet in this case the evidence was at best mixed, and hardly could be considered clear and compelling. That did not matter the Judge had spoken. When the Congress passed the law in special session, it said they wanted a new review of the evidence, but the Judges ignored this. When Terri’s supporters pointed out the Judges did not follow the law, it did not matter, the Judges had spoken. For many Judges, the Law and Constitution are whatever they want it to be and if it isn’t they will order the legislative body to write new ones that conform to their standards, as they recently did in Massachusetts. They are, for all intent and purposes, kings, unaccountable to anyone, except of course the Kings in higher courts.
Similar to the previous point, there is a significant group of people who fundamentally do not trust the democratic process. There were repeated arguments that we should not “trust politicians” to make these decision or that politician were somehow intruding into private matters. But politicians are the democratic process, they are representative democracy. Whatever we may think of them, they were elected by the people, and if the people do not like what they do, they can be replaced. Now it would be one thing if they argued that all of government should not be involved, but instead of the democratic process, these people argued unelected judges (kings) should make the decision.
There are two vastly different and competing views of life in this country. One sees life as precious and worth preserving, even scared . The other sees life as a means to an end, the body a machine, and if there is not some arbitrary and as yet to be determine “quality of life” it can be discarded as one would discard a broken machine.
There are some who see it as strange that people would go to great lengths to try and preserve the life of those guilty of murder, yet want to kill those who are innocent.
For many evidence was irrelevant. One of the most frustrating aspects for me was when you look at the evidence, there was considerable evidence questioning both the diagnosis, and whether or not Terri had expressed wishes to die. I don’t think there is any legitimate doubt, given that her husband is already living with another woman with whom he has had two children, that he had a serious potential conflict of interest that should have called into question his guardianship. How can he really be considered her Husband when he effectively already has another (common law) wife? Was his allegiance and loyalty to Terri, or to his current wife? Did he not have some vested interest in Terri’s death, if for nothing else, now he is free to marry again? Yet, for many none of this mattered. For some, it was because they could not see beyond their own desire not to live that way. For some they just found the whole situation uncomfortable and wanted it to go away, for others it was because Judge had spoken. But whatever the reason, the evidence did not matter.
The role of the mainstream media was horrible and caused more problems than it clarified. Rather than good solid reporting on the substance of the controversy and what really was driving this issue, the press focused more on side issues such as what would be the political fallout. In fact they frequently seemed to have little clue as to what was really going on, and resulted in many major errors, such frequently reporting things that were in contention as if they were settle fact, and falling for what appears to have been a fake memo designed to make Republicans look bad. As a result, my guess is that the vast majority of people who have only heard about this story through the major media, have no clue as to what those on the side of Terri’s parents really were asking for. Most I have talked to personally when I laid out the fact changed their mind saying something to the effect of, “I did not realize….” I can only wonder what the polls would have said if people had really been informed as to what was going on.
The irrationality of many on the side of those supporting Terri’s husband was amazing. For example, they frequently argued that this should be a private family matter, to be left to the courts, seemingly oblivious to the fact that since it was in the courts, it was by definition a public matter. The simple fact, is that had there not been a dispute among the family this would not be an issue. If at any point the family had reached an agreement it would have cease to be an issue. But, once the dispute became a matter of law, for the courts to decide, it became a public issue. To pretend other wise is simply irrational.
by Elgin L. Hushbeck Jr.
I thought this was a good blog on what is really happening. Judges setting themselves up as King. Like to know what you all think! Are we really a representative republic any longer???
Judges becoming Kings - what do you think?
Judges becoming Kings - What do you think?
I used to think that "Rule by Judge" (mullah, imam, etc) was
confined to Muzzle-em people who believe Allah is God and
Mohammud (piss be upon him) is his profit.
Looks like I was wrong !!!
Judges setting themselves up to be KING Ping
Birch challenged the legislature to change the law, but that was done once -- only to have the Florida courts declare the law unconstitutional. What was the revised law that didn't pass the legislature???
Ping
Do you think the Judges are not at fault here?
Riveting and accurate.
Those who "want government out" of the decision forget that government decides when to get out as well as to whom to give the decision. Otherwise anyone could kill anyone.
One typo: "One sees life as precious and worth preserving, even scared." But we all do have to be scared when life is no longer held sacred.
Democrats forced the inclusion of language in both the state and federal laws which they knew the courts could seize on to invalidate them. In fact the congressional House bill was designed to correct the problems claimed in the Florida law, which is why Senate democrats blocked it and forced the House to accept a private relief bill patterned on the invalidated Florida law.
"Judges becoming Kings - what do you think?"
Jan 20 2009
The new President of the United States
puts his/her hand on a "living will"
God was abandoned Easter Week 2005
Life, Liberty and the pursuit of Happiness
was "interpreted" by the high priests in black robes.
And the politicians worshiped them instead of God.
And the Founding Fathers were disgraced.
May God have mercy on this once great nation.
*** Tonight *** Don't miss this special broadcast!!
Joni Eareckson Tada is appearing tonight on Larry King Live discussing the key issues surrounding Terri Schiavo. I invite you to watch the discussions and give us your feedback at www.joni.us.
Larry King Live 3 Hour Special
Check your local CNN listings for specific broadcast times (ie: 8pm EST; 5pm PST).
I know I enjoyed it. I let him know about the typo and it was corrected. Thank you
My heart goes out to Terri's family and weeps for them. But they have brought honor to Terri and her memory.
I grieve for our nation.
And I ask that God forgive us.
This was a failure of the legal system, but they're not kings. I'll cut the federal judiciary some slack based on their limited participation. As to Judge Grier, the means to impeach are there.
Me too! We deserve no mercy, we can only hope that He will have mercy on us because of all the believers who felt this in their souls.
And he should be impeached, but I blame the federal system too because the Congress gave them the ability to review this, and they choose not too. Read the 11th circuit ruling in post 7.
Ping
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.