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.
Are you saying the 5th Amendment doesn't guarantee that citizens cannot be deprived of life, liberty, and property without due process?
Which constitution have you been reading?
I hate to break the news to you, but this post holds no water at all.
There is a broad prohibition of 'cruel and unusual punishment.' Constitutionally speaking, that's not limited to criminal cases at all.
And the right to 'life, liberty, and pursuit of happiness' is germane to this issue - it is the root of the USC's 'due process' clause. That is, the Federal government will not deprive a person of life, liberty, or property without the due process of law.
This was applied to the states by the 14th Amendment.
Now the case has enjoyed some time in the courts, but in the judgment of our legislators they want to preserve her Federal due process rights, before she loses her life.
That's legit.