Posted on 03/20/2005 10:27:51 PM PST by paltz
> Then why the h*ll does the judiciary have to approve it, or are they bound by Congress to issue the order??
Excellent observation, outburst and question. I guess we'll know soon who really rules the roost (and national operation).
> Yes, but they (the federal courts) are going to refuse that right. They don't want a right imposed upon them by the legislature. And they don't have to accept it. And they won't.
Events yesterday have somewhat undermined your premise. Whether or not they don't want the legislature imposing such a right (for an individual or the people), Congress has the constitutional mandate to oversee the federal court system below the U.S. Supreme Court per Article I, section 8, paragraphs 9 and 18, and Article III, section 1.
'Course Judge Whittemore may dismiss the Schindlers' suit, but that won't have any affect on the congressional subpoenas ordering HINO, Terri, attending hospice physicians and several hospice staff to appear on 3/25 and 3/28 before two committees. The subpoenas require that the summoned witnesses be protected from injury or harm. If this judge waits too long to issue his decision, he, too, will be (technically) guilty of contempt of congress.
> ... which part of the Constitution does this? Article #, for example?
See http://www.freerepublic.com/focus/f-news/1366996/posts?page=482#482
I said: "What we really need is a bill that makes it illegal for people to declare that they want doctors to 'pull the plug' if they get in an accident."
You said: "We can do that later. Right now our focus, energies and wherewithal should be on saving our sister Terri."
I disagree. Remember that Congress has an enormous amount of power; every moment it spends on making a law for a single person, there's an opportunity cost. Congress could and should be spending their time on things that will have a greater impact. More lives can be saved. Right now the cameras are on Teri, so we feel for her and not for the countless others in the same position. But that's an irrational (if understandable) way for Congress to spend its time.
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