Legal Minds at work

Hi trying some new features hope the new links work properly. Well on the the Post.

I read a letter to the editor, in the Goffstown News. That really began to get me riled.
The letter was named Two morality plays: one shows how to die, the other how not to. I t was submitted by a couple of lawyers, whose names can be found in the link i supplied at the end of this post.

The letter compared the deaths of Terri Schiavo and Pope John Paul II. These two deaths are not even comparable. One was out and out state sanctioned murder and the other was an old mans dying wishes. The only thing comparable of the two deaths was the media circus swirling around both of them, from there the similarities part ways. Even the Pope spoke out against the treatment of Ms. Schiavo. She was a young woman that could breathe on her own, swallow her own saliva, and could possibly have been rehabilitated to a better quality of life.( if only given a chance, so many things left to question with her death). While the Pope lived a very full life, was succumbing to Parkinson's disease, and never fully recovered from the flu or pneumonia. Like I said not even close to a comparison.

This letter rails about Ms. Schiavo's situation as being a private matter. Not to be interfered with by the courts, Congress, or anybody outside the family. It should have been a private matter, but she left no clear indication of her wishes. Her parents disagreed with the the husbands assertion that she would want to die. His assertion is very suspect when he has moved on with his life and started a family with another woman. The Courts sided with the husband and accepted hearsay as testimony for her wishes, also extremely suspect in that the only testimony accepted was from the husband's family. Both judge Greer and Attorney Felos have connections to the hospice where Ms. Schiavo was a patient. Lots of questions all around the entire case. The Pope on the other hand, made his wishes known and his doctors and staff made sure his wishes were met. Nothing to question about his demise. He was able to speak for himself, Ms. Schiavo could not.

Congress stepped in to help the situation, creating a firestorm in the process. But, even they could see there were too many questions surrounding the Schiavo case. They passed a law to help the situation, but the courts did not follow it assuming Congress over stepped their bounds. The only thing wrong with this law is that it did not go far enough. It should have been more wide reaching, not designed for one individual. There are many in this country that are in similar situations as Ms. Schiavo. It should have set a standard of complete review by the federal courts in disputed cases such as hers. This would help with all disputed cases even ones with living wills. There are at least two cases that come to mind with living wills being disregarded, one in Georgia and one in Boston MA.( another post on these later )

It seems even lawyers can be blinded by standing behind the "Rule of law". Squealing and squawking about the "hijacking of the legislative process". Claiming the Congress had over stepped its bounds, etc. etc. when passing Terris Law.
These Lawyers really need to read the constitution in full, instead of case law.( which IMO has perverted the original intent of the document that means so much to me and many others.) In argument to these magnificent legal minds, I refer them to Article 3 of the Constitution: which gives the Legislative branch authority to set the jurisdiction of the federal courts. The Judicial branch does not decide their jurisdiction. So, if we want to discuss outrageous action, scrutiny should fall on to the courts for disobeying a constitutional directive from Congress. Instead we hear all this caterwauling about Congress not respecting the "Rule of law". How about the courts respecting the Constitution??

This country needs to get back to the principles it was founded upon. Congress setting jurisdiction is a valid check and balance of the Judicial branch. The Judicial branch need to quit considering outside sources of law when deciding cases, it does not matter what other countries courts do in legal situations. Most of those countries do not even hold the basic tenants of our legal system, that a person is innocent until proven guilty.

Published in the Goffstown News 04/28/2005