Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

U.S. Constitution & Congress: Where’s their power to get involved in Schiavo case?
U.S. Constitution via House of Representatives website ^ | 3/21/05

Posted on 03/21/2005 12:05:39 PM PST by Wolfstar

United States Constitution

Article I. Section. 8.

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.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: constitution; delegated; houseof; power; representatives; schiavo; terri; terrischiavo; us
Navigation: use the links below to view more comments.
first previous 1-20 ... 381-400401-420421-440 ... 561-569 next last
To: holdonnow
And the question traditionalists should ask, like me, is how this purported husband was able to remain as the guardian in this case.

That is the point the parents should be attacking..... And if after her death, why couldn't they launch a civil case against the husband for taking her life when he clearly had selfish motive in removing her from lifesaving medical care?

401 posted on 03/21/2005 8:02:41 PM PST by Ernest_at_the_Beach (This tagline no longer operative....floated away in the flood of 2005 ,)
[ Post Reply | Private Reply | To 136 | View Replies]

To: Luis Gonzalez
The problem is that as her legal guardian, he does represent her.

He is only her "legal guardian" because he is considered her spouse under the law. In light of the fact that he has taken up with another woman and had two children by her, he has -- for all intents and purposes -- abandoned his wife. As far as I know, shacking up with another woman and having two children out of wedlock would be irrefutable grounds for divorce in any state in the U.S.

Terri has never been given "due process" in this case, as she has never had her own legal counsel appointed to represent her. She needs a lawyer appointed to act on her behalf, and the first thing that lawyer must do is file for divorce on the grounds that I just described.

402 posted on 03/21/2005 8:02:57 PM PST by Alberta's Child (I ain't got a dime, but what I got is mine. I ain't rich, but lord I'm free.)
[ Post Reply | Private Reply | To 387 | View Replies]

To: Ernest_at_the_Beach; holdonnow
Adultery is against the law in Florida. But it doesn't matter, the court of appeals has stated that MS has a conflict of interest and directed that the state, in the form of Judge Greer, play God.

I think it is the height of lunacy to argue that this death warrant is inferior to a death warrant on a criminal. Terri Schiavo has Habeas rights.

403 posted on 03/21/2005 8:08:10 PM PST by jwalsh07
[ Post Reply | Private Reply | To 401 | View Replies]

To: Melas
Melas,

You are one of the brightest FReepers we have here.

Don't disappoint me.

Please take a look at your Constitution.

"Tod Macht Frei"

404 posted on 03/21/2005 8:17:13 PM PST by expatguy (http://laotze.blogspot.com/)
[ Post Reply | Private Reply | To 74 | View Replies]

To: NCSteve

Reread Scalia's opinion. He is arguing for State legislatures against Federal courts. It is for "citizens of Missouri to decide, through their elected representatives." It is an argument for legislatures and against courts assuming powers. It does not address a Federal legislative decision only a Federal judicial decision that seeks to override a State legislative decision. This is not the case here.

The early and original interpretation of the 14th Amendment was one that left enormous autonomy to the several States even though it brought many of their actions and decisions under Federal review. Even in this early, more reasonable interpretation, Congress had the power to grant individuals the right to appeal State court decisions to Federal courts for review of their due process rights.

The 14th Amendment's Equal Protection Clause gives Congress power over State courts in that it allows State laws and State court decisions to be subjected to review by Federal courts regarding individual Citizen's due process rights. This is not a Constitutional stretch; it is the very purpose of the Equal Protection Clause. Thus, it is perfectly Constitutional for Congress to legislate that an individual Citizen's due process rights are entitled to Federal review.

Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

If you believe Congress should not intervene on principles of Federalism you are more than entitled to that view and it is not without merit. If you believe that Federal courts ought not to decide for themselves what types of State decisions they can and can't review until Congress passes "appropriate legislation" you probably won't find a single dissenting voice in this neighborhood. But Congress does have clear Constitutional authority to grant Federal jurisdiction for review of individual due process rights over State court decisions.


405 posted on 03/21/2005 8:23:31 PM PST by Ragnorak
[ Post Reply | Private Reply | To 366 | View Replies]

To: Luis Gonzalez
Terri's best weapon, and her brightest hope are our prayers.

I agree. Praying as I type...

406 posted on 03/21/2005 8:23:45 PM PST by blinachka (Vechnaya Pamyat Daddy... xoxo)
[ Post Reply | Private Reply | To 400 | View Replies]

To: blinachka
By the way...

Simple question.

Does Terri have a lawyer?

407 posted on 03/21/2005 8:41:39 PM PST by expatguy (http://laotze.blogspot.com/)
[ Post Reply | Private Reply | To 406 | View Replies]

To: Luis Gonzalez
You are, I presume, still married to your wife and not another woman. I feel the same way about my responsibility as a husband to my Wife, and hers to me. The fact is, this man should not still be legal guardian of this woman. I don't begrudge him the continuation of his life without her. Lord knows his must be a very difficult situation to be in. But upon continuation of his life alone, or with someone else even, it seems to me he should also give up his say in whether she can live or not.
408 posted on 03/21/2005 8:41:59 PM PST by The Mike Device (10 Megatons of fusion fun.)
[ Post Reply | Private Reply | To 387 | View Replies]

To: Wolfstar
in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,
409 posted on 03/21/2005 8:48:32 PM PST by Samwise (Life is not measured by the number of breaths we take but by the moments that take our breath away.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: expatguy
Does Terri have a lawyer?

From all that I have read and heard, I believe that she does not. I've been trying to learn all I can about this case but there is such a long history and the news is happening so fast right now that I haven't been able to read it all. As I said though, from everything I've seen, I do not think that she has an attorney - not one of her own anyway. Others may be better informed than I, so I will leave that question to who have been following this longer and know more about it.

Anyone? Does Terri have her own legal representation (wothout connection to the attorney's of Michael Schiavo or her parents)?

410 posted on 03/21/2005 8:51:31 PM PST by blinachka (Vechnaya Pamyat Daddy... xoxo)
[ Post Reply | Private Reply | To 407 | View Replies]

To: blinachka
Well she's not capable of securing legal representation for herself....And her"Legal Guardian" doesn't want her to have any......
411 posted on 03/21/2005 8:56:35 PM PST by The Mike Device (10 Megatons of fusion fun.)
[ Post Reply | Private Reply | To 410 | View Replies]

To: Wolfstar
"...all similar cases," that's right.

And I suppose the next midnight vote will be a raise for themselves.

412 posted on 03/21/2005 9:02:33 PM PST by lakey (The next time you enjoy Jell-O, remember Terri!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: The Mike Device
Then it would appear that Terri Schiavo has not been afforded "due process".

Am I right?

413 posted on 03/21/2005 9:03:13 PM PST by expatguy (http://laotze.blogspot.com/)
[ Post Reply | Private Reply | To 411 | View Replies]

To: RepublicanCentury
...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Florida has a law permitting starvation and dehydration.

414 posted on 03/21/2005 9:05:28 PM PST by lakey (The next time you enjoy Jell-O, remember Terri!)
[ Post Reply | Private Reply | To 49 | View Replies]

To: expatguy
It seems that way to anyone with half a brain. But playing devil's advocate here, let's presume that what Michael says is true and her wishes were not to be kept alive if something like this were to happen to her. Now you're going to have a lawyer advocating for her, on her behalf even, to keep her alive against her wishes. I think direct legal representation for her is out of the question unfortunately as her intentions can not be divined.
415 posted on 03/21/2005 9:08:01 PM PST by The Mike Device (10 Megatons of fusion fun.)
[ Post Reply | Private Reply | To 413 | View Replies]

To: Luis Gonzalez
No, it's you who did not get my point. The point is inferior courts exist because the Supreme Court cannot possibly perform all the judicial responsibility throughout the United States without the inferior court system. I understand your point that "inferior courts" exist because we have a Supreme Court.

It is Congress who has created the US federal court system. In 1866, Congress created our "illustrious" 9th circuit of today, a renumbered 10th circuit. And Congress has abolished courts in the past like the California circuit court in 1862.

416 posted on 03/21/2005 9:11:11 PM PST by demlosers (Soylent Green is made in Florida)
[ Post Reply | Private Reply | To 390 | View Replies]

To: The Mike Device
That's what I thought. I so wish there was a way for someone to intervene in this case and make it possible for her to be removed from the guardianship of Michael Schiavo. If there was a way to put her under the guardianship of a foster parent of some sort since her current guardian is so hell bent on having her killed. I wonder if someone could petition the court for legal custody of her or something. I understand that she is an adult BUT she is, according to the courts and the dostors, incapable of making her own decisions, just like a minor and is therefore under the legal guardianship of Michael Schiavo. Why couldn't a thrid party (not a relative), petition the court for guardianship of Terri and argue that it is in her best interests the way Social Services and the Dept. of Child Welfare will take away minor children in abusive situations? NOt providing therapy and medical care to a disabled person is abusive, is it not?

I suppose all of the legal decisions already handed down make this impossible but couldn't someone try it? Has anyone tried to do this? It's unusual but kids are taken away and put in foster care all of the time. Why NOT a disabled woman who is clearly not being given treatment and is being denied therapy that was ordered by her physicians?

417 posted on 03/21/2005 9:15:40 PM PST by blinachka (Vechnaya Pamyat Daddy... xoxo)
[ Post Reply | Private Reply | To 411 | View Replies]

To: The Mike Device
I think direct legal representation for her is out of the question unfortunately as her intentions can not be divined.

--------------------------------------------------------

Out of the question? That cannot be.

So in other words - Terri Schiavo is being sentenced to death and has no legal representation?

No legal representation and brain damaged ~~

The Supreme Court ruled in June 2002 (Atkins v. Virginia) that it was unconstitutional to execute the mentally retarded.

Why would we then order Terri executed?

Im gonna leave out "cruel and unusual" punishment for the moment. Im sure we don't starve death row prisoners to death do we?

418 posted on 03/21/2005 9:18:51 PM PST by expatguy (http://laotze.blogspot.com/)
[ Post Reply | Private Reply | To 415 | View Replies]

To: StoneColdGOP
The Republic is dead. The masses await their Caesar to provide them their daily bread and circuses.
419 posted on 03/21/2005 9:30:34 PM PST by Destro (Know your enemy! Help fight Islamic terrorism by visiting johnathangaltfilms.com and jihadwatch.org)
[ Post Reply | Private Reply | To 33 | View Replies]

To: expatguy
Didja read the devil's advocate part? ;) But seriously, I think that the courts have to at least entertain the notion that these may have been her wishes while she was in possession of her faculties. I don't like it either, I wish to God she still had her feeding tube in. A lawyer for a death row inmate that suddenly goes into a coma has some prior knowledge as to his client's wishes. We're talking about appointing someone Now to advocate for Her directly. How does he know beyond the shadow of a doubt what she wants?
420 posted on 03/21/2005 9:31:42 PM PST by The Mike Device (10 Megatons of fusion fun.)
[ Post Reply | Private Reply | To 418 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 381-400401-420421-440 ... 561-569 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson