Wednesday, March 23, 2005

Schiavo and States' Rights

Two pieces in the NYTimes today about the Schiavo case and states' rights...
Here are some highlights:

First article:

"My party is demonstrating that they are for states' rights unless they don't like what states are doing," said Representative Christopher Shays of Connecticut, one of five House Republicans who voted against the bill. "This couldn't be a more classic case of a state responsibility."


Bob Levy, a fellow with the Cato Institute, argued that Democrats and Republicans alike were being "incredibly hypocritical" in this case: Democrats by suddenly embracing states' rights and Republicans by asserting the power of the federal government.
"These questions are not the business of Congress," Mr. Levy said of the Schiavo dispute. "The Constitution does not give Congress the power to define life or death. The only role for the court is once the state legislature establishes what the rules are, the court can decide if the rules have been properly applied.

And an op-ed:

Justice Scalia went on to say that he would have preferred that the court had announced, "clearly and promptly, that the federal courts have no business in this field." The problem, he insisted, was that "the point at which life becomes 'worthless,' and the point at which the means necessary to preserve it become 'extraordinary' or 'inappropriate,' are neither set forth in the Constitution nor known to the nine justices of this court any better than they are known to nine people picked at random from the Kansas City telephone directory."

1 comment:

chriskulawik said...

Section I of Article III

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”