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To: humbletheFiend
I think that it's time to recognize that, at the present time, this case involves more of a dispute between the three branches of the federal government than a dispute between the federal government and the state of Oregon.

That seems reasonable, but we must also acknowledge that there is a dispute between the law enforcement agent of the federal government and a state law. To dismiss it would be foolish. Disputes between the different branches of the federal government have been fairly commonplace since this nation's inception, and should not come as a surprise. The concept of a national bank, for instance, was the nation's first big issue, until its charter was not renewed in 1836 because of Andrew Jackson's belief that the Second National Bank was unconstitutional (even though the court thought it was). In other words, he believed that the bank lasted through 1836 without a constitutional mandate. Our nation was left without a central bank until 1913 and the Federal Reserve Act, which many people still believe is unconstitutional. So the question remains, is it or isn't it? Was it or was it not? Who decides? The courts, the President, Congress, or the people?

The point of the matter is what makes something lawful or constitutional is dependent on the Constitution and controlling legislation (if it is constitutional), not the courts and not an individual. That Andrew Jackson thought the Second National Bank was unconstitutional didn't necessarily make it so. A majority in Congress obviously thought it was, and the Supreme Court agreed.

In the case at hand, while Congress failed to pass an amendment specifically naming "physician-assisted suicide" as medicinally illegitimate, they left the wording present and open to interpretation by those who were charged with enforcing it. They could have, had they desired (although it would have to contradict the Constitution and Declaration by surrendering the federal government's Constitutional guarantee to protect life, I believe), instituted protections for euthenasia, but they didn't. That, I think, is just as important as fact that they failed to specify intentional killing as an illegitimate use of medicine, which it obviously is.

177 posted on 04/23/2002 10:14:59 AM PDT by outlawcam
[ Post Reply | Private Reply | To 176 | View Replies ]


To: outlawcam
Thanks for the exchange.
180 posted on 04/23/2002 11:41:02 AM PDT by humbletheFiend
[ Post Reply | Private Reply | To 177 | View Replies ]

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