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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
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To: 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;.......

If they are not going to provide for the protection of the right of a person to life....none of the rest matters.

I would also point out that very shortly before Terri's mysterious "collapse," she had stated before witnesses that she wanted to divorce him, i.e., she DID NOT WANT him making important decisions for her.

61 posted on 03/21/2005 12:35:12 PM PST by cookcounty (Michael Schiavo is living in a PBS ----a Persistant Bigamous State.)
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To: Wolfstar; LauraleeBraswell
Wrong. The federal courts get their power from the United States Constitution. The state courts get their power from their state constitutions.

Inferior federal courts get their jurisdiction from Congress. It's that simple. It's certainly within the power of Congress to expand, reduce or change these courts' jurisdiction.

62 posted on 03/21/2005 12:35:15 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: Wolfstar; LauraleeBraswell

"Didn't you listen to Rush today? "

LOL - He makes a good point - just what DOES Roy Black have to say about this ? ( so far he's lost every procedure for Rush )


63 posted on 03/21/2005 12:35:24 PM PST by RS (Keeping them honest since 1998)
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To: TonyInOhio

The argument that Congress essentially treates the Florida judgement as a death sentence warranting federal habeas review is a good one. Again, if Congress had written the bill more broadly to apply to all similar cases, I think they would be on stronger Constitutional ground. If the case does wind its way back to the Supreme Court, we shall see which point of view stands. For now, though, I think because Congress wrote their bill narrowly to apply to Mrs. Schiavo's parents, they are on shakey Constitutional ground.


64 posted on 03/21/2005 12:36:01 PM PST by Wolfstar (If you can lead, do it. If you can't, follow. If you can't do either, become a Democrat.)
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To: conserv13

Agreed


65 posted on 03/21/2005 12:36:27 PM PST by Mikey_1962
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To: Wolfstar

Nobody, but nobody has contended, until you, that the Supreme Court regulates the jurisdiction of the lower courts, and the language you cite, of course, does not say that. Today, it has administrative direction over the lower courts, but only because Congress has authorized it through statute. Congress establishes the lower courts, and can determine their jurisdiction if it so wishes, and in fact has limited it in the past. Congress can also, apart from the specific powers you quote, determine the jurisdiction of the Supreme Court as well.


66 posted on 03/21/2005 12:36:43 PM PST by holdonnow
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To: Alberta's Child
I find it odd that none of the Freepers out there who are such high-minded "strict constructionists" in this case were using similar constitutional arguments to support the Florida Supreme Court's decisions (in favor of Al Gore) in the 2000 presidential election.

Oh, I'm sure they were. There exists a hard core group of Bush haters here who have been attacking GWB long before 2000. They'll say or do anything to tear the man down.

67 posted on 03/21/2005 12:36:56 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: mlc9852
"Seems it would be easier to save an endangered toad than a human being."

In the case of the endangered toad, we're discussing an entire species, not one individual member of that species.

68 posted on 03/21/2005 12:37:09 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: All

RIGHTS AND SCHIAVO [Mark R. Levin] Attorney & Author

The right to live, or more specifically, the right not to be killed, is a fundamental right. And it's a right recognized in our founding document, the Declaration of Independence. So ingrained in our society is the notion of life, that the 8th Amendment prohibits "cruel and usual punishment" (even short of death) and the 14th Amendment prohibits states from depriving any person of life without due process of law. This has nothing to do with federalism, unless you ignore the 8th and 14th Amendments. (Unlike the Left, that contorts the 14th Amendment, I'm recognizing its literal meaning.)

What really offends the Left is Congress asserting its constitutional power over a court, and not in service to the liberal agenda. Article III specifically empowers Congress to determine the jurisdiction of the federal courts, which is all it did today. It authorized a federal court to determine whether Terri Schiavo's due process rights and the right not be subject to cruel and unusual punishment were properly protected by a state court. In Roe v. Wade, the Supreme Court decided on its own that abortion was a federal question, not to be left to the states, without any constitutional basis whatsoever. It preempted every state court and legislature (and Congress, for that matter). And the Left celebrates this decision.

As for why Congress is acting here, as opposed to any other case with overlapping issues, I suppose that question could be asked whenever Congress acts. The Schiavo case has risen to national attention. So, Congress is responding. That's how representative government works. The week after the Titanic sank, Congress held its first hearings to change U.S. maritime laws.

We must not allow the Left to define the terms of this debate. It is willing to make almost any argument to protect the supremacy of the courts. And even though Congress here is instructing the federal courts to review the case, the Left objects to any congressional exercise of constitutional authority over the judiciary. As Rep. Jim Moran (Dem, VA) said yesterday, "The judiciary has spoken."

http://www.nationalreview.com/thecorner/corner.asp


69 posted on 03/21/2005 12:37:16 PM PST by jdhljc169
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To: Sandy

LOL.....as good an explanation as I've seen.


70 posted on 03/21/2005 12:37:34 PM PST by Howlin
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To: DarthVader
It is the power of judicial review which is one of the powers of checks and balances the Congress has.

The power of federal judicial review is not unlimited. In fact, the federal courts have quite limited power to review cases involving state laws.

71 posted on 03/21/2005 12:37:34 PM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: Sandy
The problem with this particular matter is that there doesn't appear to be a federal case for the court to hear at all, regardless of the grant of jurisdiction.

In a different -- and excellent -- way, you're stating my concern with the Schiavo bill (now law). It's narrowly tailored to one specific case.

72 posted on 03/21/2005 12:38:03 PM PST by Wolfstar (If you can lead, do it. If you can't, follow. If you can't do either, become a Democrat.)
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To: Wolfstar

U.S. Constitution - Amendment 14
Amendment 14 - Citizenship rights

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.


73 posted on 03/21/2005 12:38:15 PM PST by CobaltBlue
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To: LauraleeBraswell

The case has no business before a federal judge. Let's be honest here, it's a thinly veiled attempt to overrule a Florida court.


74 posted on 03/21/2005 12:39:06 PM PST by Melas
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To: FreedomSurge
Read the penumbra of the Constitution. It's all there.

Penumbras are free-kill zones invented by liberals for the purpose of protecting death cultists who wish to destroy innocent human life without consequence.

Penumbras arise from blocking the greater light of the Constitution which exists for the porpose of protecting innocent human life. Indeed, at its broadest scale the Constitution has no other purpose.

75 posted on 03/21/2005 12:39:15 PM PST by JCEccles (If Jimmy Carter were a country, he'd be Canada.)
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To: goldstategop

A private bill is not unconstitutional and, in fact, they are passed all the time -- and offered by members of Congress of both parties and all philosophies. I heard another person say that Congress cannot pass a bill of attainder, which is true, but a bill of attainder has nothing to do with this case, either. Such bills are for punishment, not to protect life.


76 posted on 03/21/2005 12:39:15 PM PST by holdonnow
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To: FreedomSurge
Read the penumbra of the Constitution. It's all there.

Right after I get done reading about emanations.

Or is it ruminations?

Exaltations?

77 posted on 03/21/2005 12:39:37 PM PST by Fury
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To: LauraleeBraswell
What about CRUEL and UNUSUAL Punishment?

There is a case to be made that keeping someone trapped in a virtually nonfunctional body, dependent upon others to provide the basic needs of survival, unable to move, for a prolonged period of time is indeed cruel and unusual punishment. Serial killers on death row are treated much better than that. Just imagine yourself being encased in a snug glass coffin, unable to move, unable to experience the joys of an active life, kept alive by artificial means for days, months, years. No thanks. And, the vast majority of people in the U.S. would not choose to live in this condition either, according to a recent poll.

78 posted on 03/21/2005 12:41:09 PM PST by Semper
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To: LauraleeBraswell

You are confusing the merits of reinserting the feeding tube, which I favor, with the Constitutional arguments. What is the point of this extraordinary action by Congress if the Constitutional grounds will not support it in the courts? That's what this particular discussion on this thread is about -- or is intended to be about.


79 posted on 03/21/2005 12:41:39 PM PST by Wolfstar (If you can lead, do it. If you can't, follow. If you can't do either, become a Democrat.)
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To: HitmanNY

Bump.


80 posted on 03/21/2005 12:41:50 PM PST by First_Salute (May God save our democratic-republican government, from a government by judiciary.)
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