Monday, March 21, 2005

Federal Intervention

Aside from the obvious debate over whether Terry Schiavo has the "right to die" or whether she has the kind of quality of life which warrants keeping her in this world, is the unfathomable overreaching by the U.S. Congress in its total disregard for the state of Florida. By arranging to have this case moved to Federal court, Congress essentially said that any ruling by a state court, if it does not meet approval by Congress, can be disregarded and the authority of that state can be rendered impotent by the Federal government. This is a dangerous precedent to set. This precedent which says that if a state acts in contrary to the party in power, they can expect their Constitutionally afforded authority to be discarded in favor of the power of the Federal government. It should be noted that states have seceded over Federal intervention of such an execessive and invasive nature. This is very much a personal and family matter in the STATE OF FLORIDA. The state of Florida alone should decide what happens with this woman, not representatives of other states whose interest in this case is most likely politically motivated.

It is obvious that there are many overrding moral issues here along with whatever personal agendas the various principals in the cases may have. However, one point is clear. The Federal government has no business intervening in this manner. This is a state issue for which there is no compelling Federal interest nor should the US Congress have the power to run right over the top of Florida's state power concerning an issue of this nature. The U.S. Supreme Court should immediately declare the move by Congress un-Constitutional and send the matter back the Florida state judicial system.

What is even more maddening for me is they mouth support for state rights when it suits them in cases like the ten commandments being posted and then turn around and throw their federal weight when a state judge makes a decision they disagree with...
Thanks for your comments.
That is an interesting juxtaposition because in the case of the 10 Commandments, there actually might be a compelling Federal interest there considering the 1st Amendment and the whole overarching issue of Church and State. However, in this case, unless you are willing to argue that her right to due process was violated, then this matter should remain in the hands of the state. If Congress feels there is an inequality from state to state in these types of situations, they should pass a law which sets forth parameters for how to handle such cases, and not intervene on behalf of one woman in an effort to score political points at the expense of state sovereignty.
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