Thursday, March 31, 2005

Coulter talks Government

All right, righties and lefties alike, you need to read Ann Coulter's latest focusing on the Terri Schindler-Schiavo mess. Keep in mind that Ms. Coulter is an attorney and knows a little bit about the Constitution. This blogger has been quite saddened by the ignorance of the Constitution by some on the right half of the spectrum who are forgetting how exactly this mess happened. They also seem to forget the immense power the judiciary is trying to get away with holding onto. They also forget that there are many solid reasons Congress could act the way it did to try to save Terri. I have not read anything as succinct as this article, serving to quell those idiotic arguments from my fellow right-wingers.

Remember the rule for reading Coulter: sift through the cynicism and you have solid truths.

Saturday, March 26, 2005

Terri, Judges and More

The whole Schindler-Schiavo affair is problematic. He wants to move on, but why does that necessarily mean she has to die? He wants what's best for her, but why doesn't that mean another decade in the loving arms of her parents? He allegedly is money-hungry, maybe even harboring a life insurance policy on her; why wouldn't he take the San Diego businessman's $1 million?

This late in the game, there are no more options, really. The Governor could send in agents; defying the courts thus would likely result in his impeachment. The Presidency set a useful precedent 10 years ago -- the full weight of the Justice Department was brought to bear to seize one child; it is not a far stretch to do the same to save this woman.

One interesting note: the extremes of either end of the political spectrum. The extreme right at best wants to sneak an ice chip across her lips or maybe even do something as terrible as administering Communion. At worst, the Right wants to kill or imprison anyone who wants to kill Ms. Schiavo or stands in the way -- to then take the woman into their arms and keep her alive indefinitely. The extreme left at best finds judicial decisions holier than scripture and wishes to defer to the courts and let this woman die, perhaps even inserting a little personalized morality that "No one would ever want to live like that." At worst, they will tinkle champagne glasses at her death, cheering and high-fiving each other for their tremendous victory over the Evil Conservatives. The only extreme with the possibility of promoting life is the Right. But if you are too radical, the Right means the death of one or more people who seek to uphold the law.

Terri did not deserve to die, it's true. The bigger problem is the moment after she passes on, when we will have nothing to distract us from the fact that we are all hostage to one bad judicial decision - after all, Terri was killed pursuant to one man's appeal to one judge, upheld by legal reviews by 18 other judges. One decision on the facts unmoved by 18 reviews of the law. We have thousands of judges across the country; many are a threat to your life under the wrong circumstances. The moral: Judges Matter.

Another interesting realization is that the centuries of combat between the Executive and the Legislative branches of our government have provided the smokescreen necessary for the Judiciary to fill in every time there was a power loss by one branch or the other. We must remember the judges are powerful men with powerful ambitions; all of which does not go away because they don a black robe. They may purport to be impartial analyzers of the law, but in the end they are looking out for themselves and their judicial descendants. That branch must be brought down once again to coequal status - this case has shown that no action by a united President and Congress can move a single judge.

Tuesday, March 01, 2005

MiB Strike Again

The Supreme Court abolished the laws in 19 states allowing the execution of 16- and 17-year-olds who commit capital murder.

The Court took a departure in the sort of extreme case they usually rely on to change the law. In the typical case, they would be looking at an innocent 16-year-old whose knife slipped just as he thought "I could just kill this guy" and is facing capital punishment. They like to choose the ridiculous case that illustrates exactly why, for example, a 16- or 17-year-old shouldn't face execution. Instead, here the 17-year-old hog-tied a girl neighbor girl and threw her off a bridge, then bragged about how he would get away with it because of his age. It seems to be precisely the type of killer the law would seek to eliminate. This cold, calculating, murderous thug will now get free cable, weight training, education and air conditioning for the rest of his days.

Justice Kennedy, writing for the majority, spoke of the "growing consensus among the States" and about a "clear trend" among the States. The several States are not supposed to be cookie cutter copies of each other. For example, in 49 States there is no preference toward land ownership and job placement for native Hawaiians -- should the Supreme Court find a consensus and abolish all such laws in Hawaii? Even worse, in 50 States there are no preferences for Puerto Ricans in any areas of society or the economy -- should the Supreme Court abolish any Puerto Ricans' benefits in the Commonwealth of Puerto Rico?

The Supreme Court is way out of line on this one -- it's time for their majority perspective to match that of the country.