Bush signs emergency law to preempt state courts ref Terry Schiavo

[chequita guevara]

Would this be a bill of attainder?

[Imran Siddiqui]

No. A Bill of Attainder is the legislature declaring a person (or group) to be guilty of a crime and set their punishment without a judicial trial.

[chequita guevara]

We have two more years of this crap.

[Mrs. Tuberski]

I am afraid this is why he have laws, so they can be changed or amended in the best interests of all parties involved, not just one indvidual but all of them.

[Lawrence of Arabia]

and this is why america is going down the drain - because power is no longer checked, because laws are being administered by the executive/ legislature instead of the judiciary, and this is why america has started its fall from power, much like rome did 8 centurie ago.

[Mrs. Tuberski]

well put it this way if you were thrown on death row for a crime you didnt commit and the judges couldnt prove that you did indeed not do it would you want the higher ups to intervene or just send you off to die?

[Imran Siddiqui]

Put it another way, if you thought some guy was on death row for a crime he DID committ and the judges agreed, and then Congress came along and said he's innocent, wouldn't you be pissed off?

I know I would. And that's why such a law would be unconstitutional under seperation of powers.

[Zkribbler]

Originally posted by Asmodean
This whole case makes me wonder why euthanasia in the form of administered drugs isn't legal all over the world. But that is not the point of this thread.

I will say, that the American Republican Party is the worst gang of moral hypocrites the world has ever seen. They f*ck up time and time again, and the worst thing is that they don't even see it.

Republicans

Euthanasia

Asmodean

Asmodean is getting to the root of the problem. IIRC, Oregon is the only state which has legalized physician-assisted suicide. So elsewhere, the only way individual can make sure they're not, against their wishes, kept alive in a vegetative state is by leaving a living will -- setting out what "heroic" steps may be taken if they are not capible of making decisions. Here, Terry Shiavo left explicit written instructions that she was not to be kept alive by way of a feeding tube. Her poor husband is placed in the unenviable position of trying to carry out her orders.

However, Shiavo's parents, the State of Florida, the U.S. Congress and now the President all seek to impose their will upon Terry Shiavo, apparently believing that they know what is best for her better than she does.

This nation was based upon the principle that the individual is the sovereign. However, Congress and the President apparently believe individuals have no rights and there is no limits to federal power as long as there is a majority in both Houses and a Presidential signature.

1984 is arriving ... a generation late, but here is comes.

[Lawrence of Arabia]

well put it this way, if there wasnt a death row you wouldnt have to worry AS MUCH about innocence and guilt.

[Mrs. Tuberski]

Originally posted by Lawrence of Arabia
well put it this way, if there wasnt a death row you wouldnt have to worry AS MUCH about innocence and guilt.

No just about spending the rest of your life in a hell hole prison. As for What Imran said. yes I would and I would continue to fight in the courts to make sure the person is guility and make sure they get what they deserve.

[Lawrence of Arabia]

better then death if you are innocent. fact is that the executives jobs is to enforce the law, not make new ones. the legislatures job is to propose new laws, not overturn what the courts say, and the judicials job is to interpret those laws. anything else makes us just as bad as iraq. maybe france should invade us and free us from tyranny.

[GePap]

Originally posted by Zkribbler

However, Shiavo's parents, the State of Florida, the U.S. Congress and now the President all seek to impose their will upon Terry Shiavo, apparently believing that they know what is best for her better than she does.

That is not entirely correct- no one can prove what terry schiavo wants, since she is a vegetable. Big surprise that a person in their 20's didn;t leave behind detailed information on what to do with them after a serious medical illness.

This case boils down to a custody dispute between the legal guardian, the husband, and the parents, who dispute what he is trying to do. The danger of this law is that we have the Governor of Florida and then the Federal government interfering in what is a legal case based on Florida law. This whole mess should be settled in state court- and it was. But the parents and idologues who share common ends in this case have gotten together to have other branches of government interfere with the Florida court system.

That is the outrage of this law.

[asleepathewheel]

Originally posted by Zkribbler
Here, Terry Shiavo left explicit written instructions that she was not to be kept alive by way of a feeding tube. Her poor husband is placed in the unenviable position of trying to carry out her orders.

IIRC there weren't explicit written instructions, hence the argument over her wishes.

[Boris Godunov]

Originally posted by Zkribbler
Here, Terry Shiavo left explicit written instructions that she was not to be kept alive by way of a feeding tube.

No, she didn't. That's the crux of the debate--it's Michael Schiavo's contention that she said so. Her parents dispute it. However, every court has upheld that, as her legal guardian, Schiavo has the right to make that decision on behalf of his wife.

This bill is indeed atrocious and just is evidence that Congress is out of control. They have ZERO right to interfere in this matter, and I have little doubt the Supreme Court will strike this law down in a heartbeat. What a wonderful use of our government's time and resources.

[Mrs. Tuberski]

while I agree with your last post well except the france part. There are two types of courts here in the us. Criminal and federal. Since this isnt a criminal case the feds must intervene. Getting congress involved Ill agree its all about publicity.