WWW Opinion Times

Saturday, March 19, 2005

Judicial Edict Regarding Terri Schiavo, et. al., Prove We Are No Longer Ruled by a Constitution

I have attempted to be rational and add to constructive discussion. But I am very angry, so I am going to vent.

Until Federal and State judges are held to account for their rulings, we no longer have freedom in this country. Laws passed by duly elected representatives are struck down as "unconstitutional" only when they relate to social issues at the forefront of political debate. Legal opinions taken in other countries outside the framework of our own constitution are used to impose social change. Far too many of the most important constitutional rights cases taken to the Supreme Court are done so by politically oriented legal organizations under the guise of representation of an offended party. In particular, but not exclusively, Roe v. Wade was the result of a short group of meetings with Norma McCorvey to establish a legal relationship with her with no continual contact on the part of her political activist lawyers before or after the decision was handed down.

Now Terri Schiavo may die, and the courts are thumbing their noses at Congress and the Florida Legislature and at Governor Jeb Bush. This kind of action by duly elected representatives who, despite what Peggy Noonan says, will receive no backlash from voters if Terri Schiavo dies CLEARLY WARRANTS that unaccountable judges become more subserviant to legislative and executive demands.

It's an outrage! It must stop!

I thank Peggy Noonan for making an argument about political outcomes in this matter. She is correct in this assesment:
It is not at all in the political interests of senators and congressmen to earn the wrath of the pro-Schiavo group and the gratitude of the anti-Schiavo husband, by doing nothing.
The electoral backlash will not arise merely out the death of Terri Schiavo. It will arise out of voter demands that Congress and the President take a stand and clean house in the judiciary. It will come against Senate leadership if they do not beat down the harping of Democrats by muzzling them with limitations on the filibuster.

Stack the Court! Impeach the judges! Start with a clean slate!

It's time to "go for broke" and turn back Marbury v. Madison forever. John Marshall, I believe, never fully understood the argument he was making when he asserted the authority of the Court. Contrary to his formula for Checks and Balances, we are freer when bad laws are passed by the whims of representatives who can be voted out of office rather than dictated by judges who cannot (or will not) be made accountable.