Posted on 03/20/2005 10:27:51 PM PST by paltz
As Per Fox News
Section. 2.
Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
I think that Clause 2 is saying that the initial categories in Clause 1 (Treaties, Ambassadors, etc.) are ones where the Supreme Court has jurisdiction without exceptions. And in all the other categories (the ones I bolded in Clause 1), Congress can make exceptions. Would Terri fit into any of the bolded categories in Clause 1? I'm not sure about that. Then again, I wouldn't be surprised if Case Law came up with the interpretation you're claiming (that they can come up with any and all exceptions). But if so, and to back up the argument, we should be able to cite what Case Law determined it to be so.
Thanks for the cite, either way.
Qwinn
I am uncomfortable with courts that can order the murder of a US citizen based on the wishes of a husband who may have caused the injury, will make a great deal of money when she dies and lives with another woman. Soon the right to die will become an obligation to die...save everyone the expense and bother with sick or handicapped people.
I'm not too concerned about whether the Terri Schiavo matter goes to the USSC, there are five Associate Justices who would pull her tube with their own hands.
No you are not the only one. I am "Pro-Terry"but from what I have seen, she has received "due process". I hate to say it, but it is time to let go, and fight from here.
The worst laws are always made as knee jerk reactions. I am sure I will be flamed, but what is next? I prayed that Michael would give up his rights, but he didn't. I also thought about the situation, and I know that there is no one in the world that I would rather have make my final decisions than my Husband.
My parents may not agree with my husbands choices, but guess what, I married him, not them. I would much rather be wrong, than have marital rights be overturned without verifiable proof (sorry it's not out there yet) that Michael truly tried to hurt his wife. I have read almost everything there is about this case, and I don't see that proof. I know many here will disagree (that is their right), but please at least step back and look at the big picture, not the myopic view of one person, who we all cry for.
Keep in mind that Scalia himself has said the Feds have no right to interfere in questions of life and death. It would probably be a 9-0 decision.
No. In addition, watch for a backlash against pro-life causes from those same lawmakers who supported the Schindlers on the floor of the congress. There are Representatives who repeated the patently false information that was fed to them regarding Terri's condition as if it were truth. When they realize that they were made to look like fools, the pro-life movement will suffer.
There are many of us who are uncomfortable with it. Most, however, are afraid to speak up.
... and, in response: the demons rage.
When demonstrably evil people all react one way, in soulless unison: I am all the more convinced that the President's action, contra their foul desires, is the right and proper way to go.
G-d bless President George W. Bush!
G-d bless Dubya.
NATIONAL Guards.
It took 5 years to turn his hair gray. Do you want it to turn white?:):)
thank u. And I do indeed agree w/ you. I was saying that there are those who are defending "HINO" by confusing their own personal experiences with an elderly relative, perhaps, with that of Teri's. Therefore they identify themselves with MS...and maybe reluctantly defend his actions, but do so b/c they feel they were in a similar situation as he is in now. I say this b/c every debate I have had with people off the FR board ALWAYS bring up some relative or friend who was dying of some terminal disease in the hospital and compare them to Teri.
It is absolutely ridiculous, now that this legislation is passed and signed by the president, that it has to once again go before a judge for approval before Terri can be fed. It needs to be done BEFORE they start quibbling. Judges are not God!!!!
Having Republicans in control does matter!
If that is what it takes to save her life, then it is necessary.
She is being victimized by an evil judicial system and needs the intervention of the Federal gov't.
Then why the h*ll does the judiciary have to approve it, or are they bound by Congress to issue the order??
And how early might a judge rule for resumption of food and water for this sweet child?
Better hurry...she is in her third day without food, without water.
Good news. I am very cautiously optimistic. Those pompous scumbags in Florida will find and employ any tactic they can to defy the will of the people and the authority of Congress and the president. Their only interest is in getting Terri dead, each for his own malevolent reasons.
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