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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

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To: italianquaker

"I hope we remember these arguments when some skid is on death row i doubt the rats will be sayin the federal courts dont have authority"


Agreed. Precedent is being set here.


121 posted on 03/21/2005 12:55:13 PM PST by Blzbba (Don't hate the player - hate the game!)
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To: Luis Gonzalez

Your answer tells me where you stand. That's all I needed to know.


122 posted on 03/21/2005 12:55:13 PM PST by mlc9852
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To: Wolfstar

As much as I detest what is happening to Terri Schiavo and her family, and as much as I believe that her husband is scum, I think that short of a miracle, this case is lost under the law.

I also don't think that this action by Congress is anything more than a dog and pony show for the benefit of the voters.

The job of the Courts is to interpret the law as written, and to the best of my knowledge Terri Schiavo will starve to death because unfair and inhuman as it is, the law stands on the side of her husband.

I hope we learn from this, and set in place legislature to correct this gross injustice.

Pray for Terri and her family.


123 posted on 03/21/2005 12:55:36 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: Wolfstar

I believe that what is required at this point is to establish a standard of human behavior

The Declaration of Independence of the Thirteen Colonies

....We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Absent the direct and personally expressed wishes of an individual.
No person shall be deprived of the basic needs of life; food and water.


124 posted on 03/21/2005 12:55:47 PM PST by HangnJudge
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To: Wolfstar

Bump=0)


125 posted on 03/21/2005 12:55:49 PM PST by highlandbreeze
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To: holdonnow
Easy now. It's not my quote. Check with Wolfstar.


126 posted on 03/21/2005 12:56:39 PM PST by Niteranger68 ("I am not a conservative because I am successful; I am successful because I am a conservative.")
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To: Wolfstar

I have to go, so please don't misconstrue my absence as acceptance of your position, but as this thread goes on, you now argue that the federal court has jurisdiction. But it has jurisdiction explicitly because of Congress's action, nothing else. Even the most activist federal judge would not have taken up this case but for Congress's constitutional intervention. If the federal judiciary thought otherwise, presumably this hearing wouldn't even ben occurring today on jurisdictional grounds.


127 posted on 03/21/2005 12:56:44 PM PST by holdonnow
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To: Trust but Verify
What will they all do if that judge finds no reason to overturn Florida courts?

Thats exactly what will happen. The husband is the legal guardian. You can pi$$ and moan about it, but the decisions about his wife will be found to be his. I wouldn't want it any other way. Quality of husband be dammed. Small Gov't means small Gov't. not just when convenient to the right.

128 posted on 03/21/2005 12:56:49 PM PST by vikzilla (I don't want to be a part of your life)
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To: Wolfstar

Very shaky ground, as this act of Congress essentially throws out several hundered years of laws regarding the relationship between a husband a wife.


129 posted on 03/21/2005 12:56:51 PM PST by the herald (Freeeeeeeeeedom!)
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To: Trust but Verify

But now they would be ruling on whether the law is constitutional.


130 posted on 03/21/2005 12:56:54 PM PST by Military family member (If pro is the opposite of con and con the opposite of pro, then the opposite of Progress is Congress)
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To: LauraleeBraswell
Terri is not non functional and she is not a vegitable.

She hasn't gotten out of bed in 13 years. She can't eat or drink on her own. Her brain scans show no activity.

131 posted on 03/21/2005 12:57:26 PM PST by conserv13
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To: holdonnow
And if Congress wishes to provide for jurisdiction in Shiavo's case, it has that authority as well.

I agree. I just don't think that Congress should do so.

132 posted on 03/21/2005 12:57:44 PM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: Howlin; Sandy

Echo echo.


133 posted on 03/21/2005 12:57:59 PM PST by the herald (Freeeeeeeeeedom!)
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To: hushpad
Good! Guess Roe V Wade can now be overturned, thrown-out, whatever!

Congress did not involve itself in the individual case of Roe v Wade. That was decided by the courts -- ultimately the U.S. Supreme Court. In the 30+ years since, Congress still has not enacted a law to challenge the decision or overturn Roe v. Wade legislatively. Congress could, for example, by generating a Constitutional amendment to ban abortion and then sending it out to the states for ratification. Congress has not done that because it knows such an amendment would never be ratified.

134 posted on 03/21/2005 12:58:15 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: the herald

The federal courts have not yet considered whether her Constitutional rights were violated by this state court decision. Explain to me how they can take this woman's life without even giving her an attorney, except the one hired by her husband to represent himself, and without giving her an MRI, when it's the functioning of her brain that is at issue. That can't be due process.


135 posted on 03/21/2005 12:59:12 PM PST by Brilliant
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To: the herald

A husband and wife? This is 200 years of tradition, where a purported husband has a common law wife for 10 years, as well as 2 children by the common law wife, and yet is still recognized as the husband for purposes of making life and death decisions about his wife? We don't recognize polygamy in this country. And the question traditionalists should ask, like me, is how this purported husband was able to remain as the guardian in this case. Can anyone explain that? Very bizarre. So, don't tell us about the husband-wife relationship when Michael Schiavo moved on with another woman without the benefit of a divorce.


136 posted on 03/21/2005 12:59:38 PM PST by holdonnow
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To: Wolfstar
I'm a lawyer and yes, it is a legitimate argument, thanks. It's not a very controversial interpretation, either - many Constitutionalists (and many armchair Constitutional lawyers here on FR) for some odd reason like to stop reading the Amendments at # 10, for reasons. Kooky.

One case that is a bit of a landmark on the issue regards Karen Ann Quinlan. The New Jersey Supreme Court allowed Karen Ann Quinlan's parents to disconnect the respirator that keeps her alive, saying it affirmed the choice Karen herself would have made (whether there was much evidence of her intent or not, I don't recall).

The joke was on them, to an extent: Quinlan went on to live about 8 more years after the respirator was turned off - she was respirating fine by herself, it turned out. Turns out that her body wanted to live a while longer, regardless of what her parents and the NJSC thought.

There are other cases, of course, but it did spark quite the joke in the late 1970s in the NYC metro area - "What is the NJ State Vegetable?' A: Karen Ann Quinlan. ;-)
137 posted on 03/21/2005 12:59:41 PM PST by HitmanLV
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To: Wolfstar
I am not a constitutional scholar obviously. But I find it difficult to believe that Sen. Frist and Rep. Delay do not have access to constitutional experts and would make themselves look like complete idiots by proposing legislation they knew was obviously unconstitutional.
138 posted on 03/21/2005 12:59:56 PM PST by MisterRepublican (I DEMAND THAT FOX NEWS GET JENNIFER ECCLESTON BACK FROM NBC!)
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To: Wolfstar
You asked where it was in the Constitution. It was excerpted for you- and you STILL refuse to recognize it.

You have a bestselling author and Constitutional scholar telling you it's in the Constitution. Guess what that means, It's in the Constitution. ADDDDMIT IT
139 posted on 03/21/2005 1:00:51 PM PST by LauraleeBraswell ( CONSERVATIVE FIRST-Republican second.)
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To: Modernman

Well, that's the great thing about the representative branches of our government. You can change them. Not so easy when it comes to judges.


140 posted on 03/21/2005 1:00:57 PM PST by holdonnow
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