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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: conserv13

What if the federal judge also dides against Terri?

======

Sorry... I'm prohibited from giving you a truthful answer, because
it would be considered promoting violence against the *&#$@&
judge, and that's an absolute NO NO on FreeRepublic !!! ;-))


41 posted on 03/21/2005 12:26:40 PM PST by GeekDejure ( LOL = Liberals Obey Lucifer !!!)
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To: StoneColdGOP

For sure they control the lower Federal courts. They can abolish or establish them as they see fit. I'd like them to abolish the ninth circuit. :)


42 posted on 03/21/2005 12:26:47 PM PST by demlosers (Soylent Green is made in Florida)
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To: Wolfstar
The 14th Amendment made the bill of rights guarantees applicable to state actions, and not only federal actions.

The woman may be in jeopardy of being denied her life without due process of law, in violation of the due process clause of the US Constitution. That is, despite her case going through the due process of state courts, her rights to due process may have been violated from a federal perspective.

Congress reached no substantive conclusion on the issue one way or the other. They just used their legitimate Constitutional power to craft jurisdiction for a federal court to hear the matter. What that federal court decides (and what any appeals related to the matter concludes) stands.

This isn't rocket science, pal.
43 posted on 03/21/2005 12:27:07 PM PST by HitmanLV
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To: Wolfstar

Congress has the ability to define the jurisdiction of every federal court - except (at least in some instances) the supreme court. That is what this law did - it assigned jurisdiction in this matter to a federal court for review.

Oh, and the constitution prohibits "bills of attainder" that prescribe punishment to an individual. It does not prohibit laws that benefit an individual (although there is a valid argument to be had concerning the tradeoff between specificity and unintended consequences of broader bills).


44 posted on 03/21/2005 12:27:36 PM PST by MortMan (Man who run behind car get exhausted.)
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To: Wolfstar

This is a quick and dirty answer that is not based on a careful study of the bill or the issue, so this is subject to clarification or qualification when I consider it more carefully, but . . . .

There are two clauses that collectively might justify this legislation. The most important, which I do not believe has yet been mentioned in this thread, is Section 5 of the Fourteenth Amendment, which gives Congress power to enforce the provisions of (inter alia) Section 1 of the Fourteenth Amendment by appropriate legislation. Section 1, in turn, guarantees that no person will be deprived of life without due process of law. If there is a serious question about whether the process by which Terry Schiavo is being deprived of life comports with this provision, there is grounds for Congress to legislate under Section 5.

The "appropriate legislation" under Section 5 could easily include legislation pertaining to the jurisdiction of the federal courts.

The bottom line is that the enumerations of congressional power in Article I do not carry the day here. The Fourteenth Amendment might.


45 posted on 03/21/2005 12:27:45 PM PST by tenuredprof
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To: Wolfstar
The United States Constitution does not authorize Congress to involve itself in an individual legal matter

Good! Guess Roe V Wade can now be overturned, thrown-out, whatever!
46 posted on 03/21/2005 12:27:55 PM PST by hushpad (The Slippery Slope? The Judiciary passed it a few miles back.)
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To: AZ_Cowboy
Thanks for posting the actual bill. I had not read the language before. So it is specific not even to Terri, but to her parents. In other words, it goes even further into potentially unconstitutional territory by taking sides in a legal dispute.
47 posted on 03/21/2005 12:28:39 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: Wolfstar

Where have you been? Try rereading the 14th amendment.


48 posted on 03/21/2005 12:29:15 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

The 14th Amendment to the U.S. Constitution, section 1 of which reads:

Section. 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.

"Terri's Law" granted the US federal courts power to review decisions taken in this case by the Florida state courts. The most frequent use of the 14th amendment, is by death row inmates who have been sentenced for capital crimes in state courts, and appeal to the federal courts, claiming the state process was so deficient as to deprive them of "life" without "due process of law".

Terri's Law is, without question, constitutional.


49 posted on 03/21/2005 12:29:44 PM PST by RepublicanCentury
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To: Wolfstar

>>Doing it for a single individual is where the problem lies.<<

If that's where you see the problem, then there's no problem. There's nothing in the constitution prohibiting such actions, and I don't think either this court, the Court of Appeals, or the Supreme Court is going to hang any unconstitutional ruling on the idea of Congress having only expressed powers (i.e. can't do anything that's not expressly permitted). THAT would open up the floodgates of litigation to virtually everything Congress has done in the last 40 years. All one needs is standing to bring a case, and you're in.


50 posted on 03/21/2005 12:29:58 PM PST by 1L
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To: Wolfstar

Brave bump. :-)


51 posted on 03/21/2005 12:30:40 PM PST by Howlin
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To: goldstategop
I don't believe a federal court would find that a constitutional infirmity.

If you're right, then I would be more comfortable with what Congress did.

BTW, people should not incorrectly assume that because I started a discussion on the Constitutional merits of this case, I'm in favor of the removal of Mrs. Schiavo's feeding tube. I am not.

52 posted on 03/21/2005 12:31:28 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: AZ_Cowboy
SEC. 3. RELIEF. After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Well that explains why the judge hasn't yet acted. The way the law is written, he has to consider the merits of the suit first before issuing injunctive relief.

53 posted on 03/21/2005 12:31:29 PM PST by DannyTN
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To: demlosers

Congress can establish and unestablish (is that a word?) federal courts inferior to the U.S. Supreme Court, indeed, but that's all.


54 posted on 03/21/2005 12:31:43 PM PST by StoneColdGOP ("What does Marsellus Wallace look like?")
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To: Wolfstar

The authority is in one of those hidden penumbras or the "Elastic Clause". Remember, the Constitution is an evolving document.


55 posted on 03/21/2005 12:31:54 PM PST by ambrose (....)
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To: StoneColdGOP
Doesn't that violate separation of powers?

Reread the constitution. Congress IS the ultimate check on the federal courts.

56 posted on 03/21/2005 12:32:02 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: LauraleeBraswell
The Courts get their power from Congress.

Wrong. The federal courts get their power from the United States Constitution. The state courts get their power from their state constitutions.

57 posted on 03/21/2005 12:32:40 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
While this specific issue can be argued one way or another, I think it is very important to remember something about Congress' actions in the Schiavo case and the legal process soon to follow in Federal courts: I could make a more compelling case for Federal involvement in the Schiavo situation than for the U.S. Supreme Court's involvement in Bush v. Gore

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.

58 posted on 03/21/2005 12:33:03 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.)
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To: Wolfstar
Read the penumbra of the Constitution. It's all there.
59 posted on 03/21/2005 12:33:38 PM PST by FreedomSurge
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To: Wolfstar

Try Article V, "No persons shall be... deprived of life, liberty, or property, without due process of law..."

The judge has ordered this woman's death. The federal courts have the power to determine whether she was accorded due process. Since she had no attorney, and was given no MRI, and is being essentially totured to death, I think a pretty good argument can be made that the answer to that question is "no."


60 posted on 03/21/2005 12:33:44 PM PST by Brilliant
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