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Posted on 03/21/2005 8:34:35 AM PST by bigsky
TO: Ms. Lis Wiehl, University of Washington Law School, and Fox News legal commentator
Good morning, Ms. Wiehl. I am not a lawyer and don't even play one on TV, but I teach American history and government part time at an excellent Miami area high school, and I was puzzled (as are my students, I am certain) by your Fox News comments aired at least twice yesterday (3/19) in re congressional activity to aid embattled, brain-damaged Terri Schiavo.
You amazingly said that such aid would be "unconstitutional" because "bills of attainders, that is, laws designed to help an individual, are prohibited." You also stated that "private bills in Congress are unconstitutional."
Neither statement of yours is correct, or even close to being correct. Bills of attainder, prohibited in Article I, Section 9 of the Constitution, are bills (once a great tool of our brutal English masters) that are cranked up by legislators to punish, not help, specific individuals. So far, every legislative idea regarding Terri Schiavo I have heard reported wants to help her live, not hasten her death. Only a fanatic Florida state judge and Terri's common-law bigamist "husband" are cheerleading the Death Squad.
(By the way, why don't you do a truly insightful commentary on the interest-conflicted absurdity of Judge Greer's allowing Mr. Schiavo to be his ailing wife's legal "guardian"? He is the same "caring" husband, of course, who openly flouts his marriage vows by living with another woman and her two children by him. Furthermore, Mr. Schiavo apparently has spent much of his ailing wife's million-dollar jury award to sustain his life, not that of his deteriorating wife No. 1.)
Furthermore, private bills, as you should know, are introduced every day in Congress, passed, and eventually enforced with little difficulty. (Public bills deal with general questions and become Public Laws, or Acts, if approved by Congress and signed by the President. Private bills deal with individual matters such as claims against the Federal Government, immigration and naturalization cases, land titles, et cetera, and become private laws if approved and signed.)
Your 180-degree-wrong double pronouncement, unfortuntely, gives a horribly biased and totally misleading analysis of what Congress actually is trying to do to trump a Florida's judge's application of cruel and unusual punishment for an innocent, living citizen. Professor Wiehl needs to go before the Fox cameras and 'fess up -- something that you probably require your wayward students to do from time to time in the classroom.
Thanks for your eventual mea culpa.
Mike Thompson
Palmetto Bay, Florida
Mr. Thompson is the past chairman of the Florida Conservative Union.
Florida isn't a common law state. They're just shacking up.
Like the one that Ted Kennedy got passed in an attempt to put the Boston Herald out of business because Rupert Murdoch owned it and FOX 25 in the same market?
She looked like something the cat dragged out yesterday.
I find it interesting that over 1200 FReepers have read your article regarding what some analyst has to say, but only 156 have read my post that is the actual legislation that was passed. Why are people more interested in b.s. opinion than fact?
Blatantly untrue statement by a WP journalist.
This is the statement I made. If you would care to refute it, try again.
Yeah. I wondered about that. Turns out that Florida law prohibits cohabitation, and therefore, since the law prohibits cohabitation, then it wouldn't make sense to impose "marriage" on the basis of an illegal act.
http://www.unmarriedamerica.org/News-About-Us/Anti-cohabitation.htm <-- Light story
798.01 Living in open adultery. <-- Florida Statutory Law
798.02 Lewd and lascivious behavior. <-- More Florida Statute
798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.
Penalty for this apparantly rarely enforced set of laws is 60 days and/or $500 fine. There are hot links at the Florida Statutes site.
Because it makes them "feel" better, and because it takes less effort. It's the way of the world, don't sweat it.
Hi, I'm Lis Wiehl! Fly me!
....just as you said about Congress.
Laws that only regard only one legal entity are not uncommon - lobbying efforts result in very narrow laws work their way into the tax code, for example, and the tax regulations, and best as I am aware neither have been found to be unconstitutional.
I did too - because Congress is full of lawyers who should have known that.
The biggest problem I see is that the PUBLIC does not know that the Constitution specifically gives CONTROL, REGULATION AND CONSTRUCTION OF THE COURTS .... TO CONGRESS. The founders knew judges would be appointed NOT ELECTED - and the final judgement must rest with people who are elected representatives of the people.
The democrats DON'T WANT THE PUBLIC TO KNOW THAT .. because if the public knows that the USSC IS NOT the final arbitor of THE LAW - then the democrats cannot get their agenda implemented - NO WONDER THEY'RE MAD!! LOL!!
Does anyone know if an Executive Order from either the President of the U.S or the Govenor of Florida stating that the feeding tube must be reinserted would have to be obeyed.
Thank you very little for that picture.
There was a DA in Wisconsin--up in Douglas County IIRC--who prosecuted someone for adultery a few years back. He's not DA anymore. I do believe the voters invited him to leave.
well put
If Michael gets locked up for 60 days for adultery, I wonder of it is mandated that he must be fed and watered too? And if not, when he slips into his own coma on or about day 40 I wonder what the MSM/Flori-duh court system/Susan Estich/Lis Wiel axis will declare about his mental state then.
Please FReepmail me if you want on or off my FoxFan list. *Warning: This can be a high-volume ping list at times.
PLEASE PING YOUR FOX FAN LIST, NUTMEG. Hannity is going to be HERE TONIGHT!!! re: Terri Schiavo
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