Nick McClure said:
1) " Your right the judge must rule on the law. However it is my opinion in
this case, that preventing somebody from getting the nourishment they need to
live is against the law. Preventing this person from getting health care is
against the law.
It doesn't matter that she couldn't ask for it herself, that fact makes it even
more important that the judges examine the case properly.
My opinion is that the federal judges should have overturned the Florida court
ruling on the basis of the constitutional right to health care as provided in
the WHO and UN treaties that the US has signed.
The Florida Supreme court ruled unfairly for the individual in that case for
not taking those items into account.
Now, the Republican viewpoint is based on morality, however the laws in this
case really supported continuing her life."
2) " The judicial branch is the enforcement arm of the government. If not the
judicial branch then who?"
Actually, the executive branch is the enforcement arm of the
government. Hence, the President is the Commander-in-Chief of all the military
forces and is the head of the Departments (State, Agriculture, Defense, etc.)
which enforce the laws as passed by Congress according to their respective
areas.
The Judicial arm decides whether or not a law has been broken and the
punishment for breaking that law. This includes any law that has been passed
by the Congress, because the ultimate and highest law in the US is the
Constitution, and any laws passed by the Congress, states, counties or
municipalities are subordinate to the Constitution.
Judges must make decisions based on their interpretation of the law.
Apparently, Florida laws allow the next-of-kin, parent, or legal guardian to
make health decisions for those unable to do so. This happens frequently - a
parent decides what course of action to pursue when his or her child is ill.
Terri Schiavo's case is just one of these cases. Terri, were she able
to speak, herself may have decided that she did not want to be fed through a
tube. However, because she is unable to do so, the decision comes to rest
solely on her next-of-kin, Michael Schiavo.
A judge must rule on the highest existing laws that govern these
situations. The judges in these cases, should they have ruled in the parent's
favor, would have been likely overturned on appeal by a higher court. This is
why every single case went in Michael's favor.
The Congress should have made a law that said that removing tubes was
illegal, but they didn't. Why didn't they? It would have been probably
overturned by a federal court because it violates the 10th Amendment, which
prohibits Congress from enacting any laws over issues that are not
specifically mentioned in the Constitution.
To cut this short, there is really no such thing as an "activist
judge". In order to limit the power of a judge, one must simply create a law
which specifically states a purpose (example: "Homosexual marriage is
prohibited.") and that cannot be superseded by an interpretation of a higher
law.
- Matt Small
-----Original Message-----
From: Nick McClure [mailto:[EMAIL PROTECTED]
Sent: Thursday, April 07, 2005 12:56 PM
To: CF-Community
Subject: RE: 2 Branches of Gov't Enough.
The judicial branch is the enforcement arm of the government. If not the
judicial branch then who?
> -----Original Message-----
> From: Gruss Gott [mailto:[EMAIL PROTECTED]
> Sent: Thursday, April 07, 2005 11:11 AM
> To: CF-Community
> Subject: Re: 2 Branches of Gov't Enough.
>
> > Larry wrote:
> > It seems that the neo-convervative is
> > undertaking a very serious assault on the judiciary.
>
> It seems that Republicans are saying the judicial branch should be the
> enforcement arm of the legislative branch, not a check on
> constitutional violations.
>
>
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