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To: D-fendr
It would seem that had they declared Terri's rights had been violated, they would be acting in the role of judge and stand an increased chance of being knocked down by the courts.

The 14th Amendment explicitly gives Congress the power to pass all legislation necessary to prevent states from violating or failing to protect people's rights.

Further, they could make the law exempt from judicial review by placing it outside the jurisdiction of any court, as the constitution allows Congress to do.

3,014 posted on 03/21/2005 6:32:59 AM PST by curiosity
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To: curiosity
The 14th Amendment explicitly gives Congress the power to pass all legislation necessary to prevent states from violating or failing to protect people's rights.

I think that's what the did in a narrow case here, the broader case, the house approach, will be debated later.

Further, they could make the law exempt from judicial review by placing it outside the jurisdiction of any court, as the constitution allows Congress to do.

I wasn't aware this was possible. Can't any law be challenged?

3,051 posted on 03/21/2005 12:19:55 PM PST by D-fendr
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