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.
Absolutely. And, also without benefit of a living will, etc.
A better question would be why do lefties only kill innocents, and scream like banshees when a serial murder or such gets the death penalty?
I listen to Rush every day, but today Rush was in over his head. His understanding of the constitional issues was poor.
A bump to more wise words from Wolfstar today.
Congress is free to pass legislation pursuant to the 8th and 14th amendments, and it is free to expand (or limit) federal court jurisdiction. Even the federal court today understands this, which is why it is taking up the Schiavo case as I speak.
On an issue as fundamental as the preservation of innocent life itself, if one sovereign will not or fails to discharge its duty, it is appropriate for the other sovereign to step in and pick up the slack.
Man oh man- this is one complex case. I change my mind hour by hour as I read and learn more about the law(s). I am as worried for the Consitutuion as I am for Teri. The ONE thing I'm certain of- her husband is shameless.
I think Terri deserves treatment above and beyond that of a convicted criminal. Also, Congressional members have sworn to uphold the US Constitution. See amendment 14, section 1.
I can understand the baby killers (pro-choicers) dismissing the life of Terri. But when those who have been anti-capital punishment want her to die, that's when things start getting weird.
I basically beat you to it by 2 posts, I think, but we are of like mind on the issue. Kudos and thanks for articulating it!
No, killing someone without ANY VALID PROOF of their wishes is where the problem lies, IMHO.
None of the three branches of government is subordinate to the other.
If that were the case, we would have a totally different system of government where the power of the Executive could demand that the Legislative branch write laws according to their wishes under threats of penalty, or the Legislative branch could arrest Judges for not adjudicating according to their wishes, or the Judicial branch could raise charges against the members of the other two branches.
Cruel and unusal punishment only applies to criminal cases? Really? Says whom?
When Florida tries to kill a citizen because they are mentally disabled, the federal gov't had better stop them.
Different situation. The Federal courts have appelate jurisdiction over constitutional issues, such as the question of whether or not someone got adequate due process.
"While I sympathize with Terri, I agree that this is not a federal issue. Congress and the federal courts should stay out of it."
I too sympathize and I too think the Fed should butt out of this state issue.
I not disputing checks and balances, only the notion that one branch of the government controls the other.
That is idiocy and something none of us should hope to have happen.
LOL!
That may be a legitimate Constitutional argument. I don't know. Other so-called right-to-die cases have made it up to the Supreme Court. What was that famous case years ago when parents wanted to remove life support from their daughter and the hospital (if I remember correctly) refused? The Supreme Court ruled in favor of the parents right to make the decision.
What makes the Schiavo case unusual is the long, bitter dispute between the husband and parents. The Congress essentially took sides in this matter. I may eventually be proved wrong by court decisions, but for now I believe that act of Congress is unconstitutional for the reasons I've stated.
And if Congress wishes to provide for jurisdiction in Shiavo's case, it has that authority as well.
Deny then recourse to the courts of law?
Are you serious?
How many judges has this case enjoyed, including a pass by the SCOTUS? Jeez.
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