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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: LightCrusader
Why should we let Schiavo die just for the sake of "principle"?

Absolutely. And, also without benefit of a living will, etc.

81 posted on 03/21/2005 12:42:31 PM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: Wolfstar

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?


82 posted on 03/21/2005 12:42:47 PM PST by AmericanChef
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To: LauraleeBraswell
Didn't you listen to Rush today?

I listen to Rush every day, but today Rush was in over his head. His understanding of the constitional issues was poor.

83 posted on 03/21/2005 12:42:54 PM PST by JoeGar
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To: Wolfstar

A bump to more wise words from Wolfstar today.


84 posted on 03/21/2005 12:43:11 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed.)
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To: Wolfstar

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.


85 posted on 03/21/2005 12:43:19 PM PST by holdonnow
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To: Melas
Wrong. We live in federal republic. That means there are TWO sovereigns that have the duty to protect us and secure the blessings of liberty to us and our posterity.

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.

86 posted on 03/21/2005 12:43:40 PM PST by JCEccles (If Jimmy Carter were a country, he'd be Canada.)
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To: Wolfstar

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.


87 posted on 03/21/2005 12:43:41 PM PST by SE Mom (God Bless our troops.)
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To: Wolfstar
"Cruel and unusual punishment applies only to criminal cases. As for life, liberty and the pursuit of happiness, that's comes from the Declaration of Independence, not from the controlling law of our land, the United States Constitution."

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.


88 posted on 03/21/2005 12:43:55 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: tenuredprof

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!


89 posted on 03/21/2005 12:43:58 PM PST by HitmanLV
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To: Wolfstar
Doing it for a single individual is where the problem lies

No, killing someone without ANY VALID PROOF of their wishes is where the problem lies, IMHO.

90 posted on 03/21/2005 12:44:11 PM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: demlosers
"Yes, Article 3 Section 1 makes the courts subordinate to the legislative branch."

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.

91 posted on 03/21/2005 12:44:56 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: RacerF150

Cruel and unusal punishment only applies to criminal cases? Really? Says whom?


92 posted on 03/21/2005 12:45:28 PM PST by holdonnow
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To: conserv13

When Florida tries to kill a citizen because they are mentally disabled, the federal gov't had better stop them.


93 posted on 03/21/2005 12:46:24 PM PST by TheDon (The Democratic Party is the party of TREASON)
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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

Different situation. The Federal courts have appelate jurisdiction over constitutional issues, such as the question of whether or not someone got adequate due process.

94 posted on 03/21/2005 12:46:28 PM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: conserv13

"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.


95 posted on 03/21/2005 12:46:33 PM PST by Blzbba (Don't hate the player - hate the game!)
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To: ClintonBeGone

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.


96 posted on 03/21/2005 12:46:38 PM PST by StoneColdGOP ("What does Marsellus Wallace look like?")
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To: Sandy

LOL!


97 posted on 03/21/2005 12:48:16 PM PST by highlandbreeze
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To: HitmanNY
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.

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.

98 posted on 03/21/2005 12:48:32 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: Modernman

And if Congress wishes to provide for jurisdiction in Shiavo's case, it has that authority as well.


99 posted on 03/21/2005 12:48:43 PM PST by holdonnow
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To: goldstategop

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.


100 posted on 03/21/2005 12:49:04 PM PST by the herald (Freeeeeeeeeedom!)
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