Tuesday, March 22, 2005
Schaivo and the Constitution
Dear XXXX:
As I was about to depart from your room yesterday, you made a reference to "this weekends events" where, to paraphrase, the Fourth and Tenth Amendments had their meanings changed or were under attack. I can only assume you were referring to the Terry Schaivo case in Florida.
As for the Fouth Amendment, it reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I am not sure how this applies at all. Since the husband has now secured, for all practical purposes, a common-law wife and his two children by her, the unreasonable intrusion of government in to his family life no longer exists since Utah had to renounce polygamy as an entrance requirement to the Union as a state in 1896. Maybe I misheard you on this point.
As for the Tenth Amendment it simply does not apply because of the ratification of the Fourteenth Amendment. Ironically, I would argue that the two post civil war related amendments were not constiutionally ratified. However, we are stuck with them, and liberals have been using them for the last 50 years to ignore the will of the people led by their (also ironically) champion Earl Warren.
Below is the text of the Fourteenth Amendment, Sections 1 and 5 (the rest are irrelevant):
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
It is clear that Section 5 gives Congress the right to enact the law they did this weekend. The Federal judge in Florida should be impeached as his ruling is a clear and direct violation of the will of the law of Congress as passed this weekend. Checks and balances works towards the judges too.
She should live.
As I was about to depart from your room yesterday, you made a reference to "this weekends events" where, to paraphrase, the Fourth and Tenth Amendments had their meanings changed or were under attack. I can only assume you were referring to the Terry Schaivo case in Florida.
As for the Fouth Amendment, it reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I am not sure how this applies at all. Since the husband has now secured, for all practical purposes, a common-law wife and his two children by her, the unreasonable intrusion of government in to his family life no longer exists since Utah had to renounce polygamy as an entrance requirement to the Union as a state in 1896. Maybe I misheard you on this point.
As for the Tenth Amendment it simply does not apply because of the ratification of the Fourteenth Amendment. Ironically, I would argue that the two post civil war related amendments were not constiutionally ratified. However, we are stuck with them, and liberals have been using them for the last 50 years to ignore the will of the people led by their (also ironically) champion Earl Warren.
Below is the text of the Fourteenth Amendment, Sections 1 and 5 (the rest are irrelevant):
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
It is clear that Section 5 gives Congress the right to enact the law they did this weekend. The Federal judge in Florida should be impeached as his ruling is a clear and direct violation of the will of the law of Congress as passed this weekend. Checks and balances works towards the judges too.
She should live.
