Posted on 10/05/2005 3:42:06 PM PDT by rocksblues
"If one state can say it's legal for doctors to prescribe morphine to make people feel better, or to prescribe steroids for bodybuilding, doesn't that undermine the uniformity of the federal law and make enforcement impossible?" he asked
(Excerpt) Read more at apnews.myway.com ...
He arguing for an expansion of Federal power beyond what is in the constitution.
Yep. So much for states' rights....
I like state's rights BUT.....what if the citizens of a state voted overwhelimingly for SLAVERY to be lega? This "assisted suicide" is a VERY slippery slope. Why is Dr Death in prison?
More of a Scalia than a Thomas, it appears.
What he did was a violation of Michigan law.
Yes, absolutely. Who cares about that whole federalism thing? Let's just abolish the individual states and just have done with it!!!! I'm sure the Federal authority to regulate doctors stems from the Commerce Clause, right? What a disgrace!
"This is a very slippery issue. Should states be allowed to determine whether death is ok as a personal decision or as an ok from a doctor?"
Yes. Slippery.
On the one hand it's more efficient to have drug approval and laws handled once at the Federal level. I can see the commerce clause argument for that power in regulating what can be sold.
But what about the question of what it is legal to put in your own body? I don't see any constitutional foundation for that except maybe claiming that some substances, like Heroin , constitute a clear and present danger to the Republic.
Not accordng to Roe vs. Wade.
There is an amendment directly on the slavery issue, so a strict federalist construction would still resolve that problem.
Here we go! The phrase "patchwork of rules" used for state law used to be a liberal buzzword. Now it's been taken up as a cause by Bush's faith-based Taliban. Say goodbye to whatever vestiges of states' rights were left by the previous SCOTUS session.
I have no problem with suicide!
Why make death a Federal issue!
"There is an amendment directly on the slavery issue, so a strict federalist construction would still resolve that problem."
But at one time it didn't and that led to some states with slavery and some without it. And that eventually led to a civil war.
Because of a Michigan law.
"Here we go! The phrase "patchwork of rules" used for state law used to be a liberal buzzword. Now it's been taken up as a cause by Bush's faith-based Taliban. Say goodbye to whatever vestiges of states' rights were left by the previous SCOTUS session."
Yes...I hear conservatives cheering this because it's anti-drugs but look at the reasoning - that states cant be trusted so the Federal government must expand its powers. I don't like that at all.
EXACTLY, EXACTLY, EXACTLY!!!!!!
What we WANT is for Roberts, etc to rule IN FAVOR of the STATE'S RIGHT to regulate ANY AND ALL medical procedures within their state!!!
If Roberts finds a "compelling reason for Federal regulation" of medical procedures within a state - THEN ROE V. WADE is safe FOREVER!!!!
IF IT'S NOT IN THE CONSTITUTION - IT IS THE RESPOSIBILITY OF THE STATE OR THE PEOPLE THEMSELVES - EVER HEARD OF THE NINTH AND TENTH AMENDMENTS????
However, this has taking place throughout America for yrs.
You've got docs with a terminal ill patient in hospice; there's a point this doc will pull all IV's and only give a patient morphine for pain.
Then you've got Jackie O...when she realized she was only days from dieing...by her request, she was given a lethal dose of morphine once all her family had gathered around her.
So all this is taking place under our noses and has been for yrs. I personally think, this needs to be looked into. Whether family is in agreement with pulling those IV's or not...the doc dictates it and there's not a thing family can do about it.
The State changed the law specifically to put him in jail? The people who asked for his assistance asked with their own mouths -- not through anyone else. They pulled the device he provided that killed them. How would an O.K. be any different even if a Dr did it? As far as the drug thing. Let's get rid of the FDA and let the legal eagles handle them.
IMHO, a state should not be allowed to make legal what is already considered illegal by the Federal government.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.