Thursday, March 24, 2005

So Where Will the Power Go?

As we watch this heart-wrenching battle through the State and Federal courts, where is this really going? I called and asked a few questions, only to have my observations and questions politely dismissed. When I suggest that we quit arguing about the emotional and political issues and simply look at the legal matter, why are people offended and keep telling me this is a right to life issue or right to die issue. I think it is a "JUDGE" issue. Since the 2000 election, the spin began to rumble regarding judges, from the Supreme Court on down. We need judges that defend life. Well, I knew that was a bogus claim when Judge Roy Moore was dismissed. At any rate, this quest to remove and select judges or begin to limit their power has been underway for some time and this appears to be just the battle that will cause the desired effect. For today, I discovered that a man got a stay of execution in the state of Texas, no less, based upon his trial back in 1991.
Now, to compare the legalities. Mr. Schaivo is adamant about his claim that Terri did not want to be kept alive in this condition. This is information that he supposedly received from her prior to her "situation" in 1990. Yet, when the law suit was won and the money awarded for rehabilitation, there was no mention of this "advanced directive" conversation, and at the time he made the claim and won the suit, she was living in the state that she is now, but he was not fighting for her right to die, but money for "rehabilitation." There is no reason to believe new information has been exchanged between the two of them since 1990. So how difficult is it to obtain the public court transcript of the law suit? Obviously, court transcripts are available, if someone is truly attempting to leave no stone unturned.
Now, back to our judges. Our government has three branches of power; legislative, executive, and judicial. So if we harness some of the power of the judges and redirect it, if we channel that power another way, where? Which branch will receive the power that gets taken from the judicial? Will the American public be satisfied with more power in Senate or Congress? Can the executive branch have more power than executive order at time of war? Since we have taken the real understanding of law out of so many cases, maybe we should consider a basic law of physics. For every action, there is an equal and opposite reaction. So when the majority puts forth their mandate based upon emotion and antagonism, and the power of the judges is reassessed and reassigned, who will have the power?
The approval of a ruler is desired by great numbers, but it is from the Lord that man gets justice.

1 comment:

Anonymous said...

Brilliant...Absolutely brilliant. So many sides to consider, and...hey! When did you have time to post?

I think it all boils down to we are so (enter harsh expletive here)...

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