Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: EternalVigilance
Amen to your post.

Those who tout states' rights on such an issue as this do not understand our federal system.

We live under a FEDERAL system, not a CONFEDERACY of states. States do not have the license nor power to nullify unalienable, God-given rights, nor can they ignore the U.S. Constitution.

The first principle of our system is that the government derives its powers from the PEOPLE. The power to deprive anyone of the unalienable right to life cannot belong to the states because it cannot belong to the people.

Secondly, it is expressly unconstitutional for a state to kill the innocent. The very portion of the Bill of Rights that secures states' rights (the 10th Amendment) prohibits the states from holding powers prohibited by the U.S. Constitution. We know the power to deprive a person the right to life is prohibited by the Constitution, via the 5th and 14th Amendments. Unless the person has been duly found guilty under the law of a crime that warrants capital punishment, the state has no power to kill him.

Further, Oregon's law cannot be defended on the claim that a right to suicide exists among the people. The unalienable right to life, by definition, is "incapable of being alienated, surrendered, or transferred."

Oregon's "Death with Dignity" law does not fall within the realm of states' rights. We might as well say states have the right to hold slaves.

577 posted on 01/17/2006 12:26:50 PM PST by Gelato
[ Post Reply | Private Reply | To 546 | View Replies ]


To: Gelato

Please explain to me how the state is killing anyone in an instance of assisted suicide.


580 posted on 01/17/2006 12:29:15 PM PST by Dr. Nobel Dynamite
[ Post Reply | Private Reply | To 577 | View Replies ]

To: Gelato

I think YOU should be on the Supreme Court. :-)

You stated it perfectly, and far better than I could have.

Thank you!


581 posted on 01/17/2006 12:29:21 PM PST by EternalVigilance
[ Post Reply | Private Reply | To 577 | View Replies ]

To: Gelato

The state wouldn't be killing anyone. This would be the domain of an invidual and his family. The question is does the state have the right to stop them.


586 posted on 01/17/2006 12:32:52 PM PST by Borges
[ Post Reply | Private Reply | To 577 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson