Skip to comments.U.S. Constitution & Congress: Where’s their power to get involved in Schiavo case?
Posted on 03/21/2005 12:05:39 PM PST by Wolfstar
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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; --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.
Didn't you listen to Rush today?
Congress controls the courts. Article 4 or 5 I think.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Seems it would be easier to save an endangered toad than a human being.
While I sympathize with Terri, I agree that this is not a federal issue. Congress and the federal courts should stay out of it.
Congress is COMPLETELY WITHIN THEIR JURISDICTION. They are giving the case to a Federal judge!
So they will just shop around judges until they get one that will decide in their favor? What if the federal judge also dides against Terri?
No. Instead, I consulted the United States Constitution. The relevant sections are posted above on this thread.
more of the same
Article 3, Section 1
"The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
So Congress can ordain and establish inferior courts. Who knew Congress has the power to establish a court or disestablish one too.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
I am not entirely sure that the bill explicitly involves Terri Schiavo anyway, but rather applies to all such cases. I don't have the bill text handy, though.
The Schiavo threads on here are getting downright nasty. Just a word of warning. I'll try and get that bill text.
Article IV, Section 1 has to do with relationships between the states. It speaks to laws enacted in one state being given full faith and credit in all the states. It has no bearing on the Schiavo case whatsoever.
It is the power of judicial review which is one of the powers of checks and balances the Congress has.
If Congress had passed a law saying all such cases must be referred to a federal judge for review, I believe they would have been on stronger Constitutional ground. Doing it for a single individual is where the problem lies. The House wanted the law to be more widely applicable, but the Senate would not agree, unfortunately.
"So Congress can ordain and establish inferior courts."
They didn't make a court. They made a law to get someone into an established Federal Court.
ARTICLE 3, and 3
What about CRUEL and UNUSUAL Punishment?
What about the right to LIFE LIBERTY and the pursuit of happiness?
these are Federal issues!
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