Greer made his finding based on the testimony of Terri's husband that Terri said she wouldn't want to live like this ? a rather important fact the husband only remembered many years after Terri was first injured, but one year after he won a million-dollar malpractice award and began living with another woman. (Maybe when Terri said, "I wouldn't want to live like that" she was referring to being married to Michael Schiavo.)
Supporting the idea that positions on the Schiavo case are correlated with IQ, on the pro-killing side is Rep. Chris Shays, R-Conn., who denounced the legislation granting federal courts jurisdiction over Terri's case, saying the Republican Party "has become a party of theocracy." Yes, you remembered correctly: The House passed the bill overwhelmingly in a 203-58 vote, and the Senate passed it in a voice vote also with overwhelming support. (Surely, if anyone would defend the practice of being on a liquid diet, you'd think Ted Kennedy would.)
Also on the pro-killing side are conservatives still pissed off about the Civil Rights Act of 1964 who are desperately hoping to be elected "most consistent constitutionalist" by their local Federalist Society chapters.
You can't grow peanuts on your own land or install a toilet capable of disposing two tissues in one flush because of federal government intervention. But Congress demands a review of the process that goes into a governmental determination to kill an innocent American woman ? and that goes too far!
It's not a radical extension of current constitutional doctrines ? even the legitimate ones! ? for the federal government to assert a constitutional right to life that cannot be denied without due process of law under the Fifth and 14th Amendments. Congress didn't ask for much, just the same due process John Wayne Gacy got.
But people even stupider than lawyers have picked up on the vague rumblings from "most consistent constitutionalist" aspirants and begun to claim that Congress' action is an affront to "limited government."
Of course, the most limited of all possible governments is a king. We don't have that sort of "limited government." What we have is divided government: three branches of government at the federal level and 50 states with their own versions of checks and balances.
Or at least that was the government designed for us by men smarter than we are. We haven't had that sort of government for decades.
Alexander Hamilton's famous last words in "The Federalist" described the judiciary as the "least dangerous branch," because it had neither force nor will. Now the judiciary is the most dangerous branch. It doesn't need force because it has smoke and mirrors and a lot of people defending the moronic scribblings of any judge as the perfect efflorescence of "the rule of law."
This week, an indisputably innocent woman will be killed by the government for one reason: Judge Greer of Pinellas County, Fla., ordered it.
Polls claim that a majority of Americans objected to action by the U.S. Congress in the Schiavo case as "government intrusion" into a "private family matter" ? as if Judge Greer is not also the government. So twisted is our view of the judiciary that a judicial decree is treated like a naturally occurring phenomenon, like a rainbow or an act of God.
Our infallible, divine ruler is a county judge in Florida named George Greer, who has more authority in America than the U.S. Congress, the president and the governor. No wonder the Southern Baptist Church threw Greer out: Only one god per church!
It's a good system if you like monarchy and legally sanctioned murder. But spare me the paeans to "strict constructionism" and "limited government."
Bernie Sanders and Robert Reich Are Confused by Economics. And Government. And Reality | Seton Motley