Thursday, March 31, 2005

Terri Schaivo Has Passed.

I'm sure you've seen the news. I'm not going into my opinions here, other than to say there were two schools of thought. One group is firm in their beliefs, and righteous about it. (although their beliefs differ) The other group is conflicted, struggling with the "what if's?" The "and it harm none", or weighing the issue looking for a balance of justice.

I don't remember Roe vs Wade, so I don't know if Congress went crazy then too. And it disturbs me that Congress has gone crazy now. We have a 3 part governmental system, and it's worked reasonably well for 200+ years. Why would my country wish to change that?

The courts did their job. They weighed the evidence against precedent (and there *is* precedent) and they made a judgement.
Did they think this would please the populace? I'm sure they did not. But court rulings are not about pleasing the current majority. Or even pleasing the vocal minority. Court rulings are about maintaining balance. It's their job to make sure the executive and legislative branches don't diverge from the constitution.

Can the constitution be changed? You bet your sweet patootie it can. It *has* been changed. 27 times, in fact. Each change went through a rigorous testing process before being implemented. Both legislative houses must approve the change, down to the last word. The President must also approve the change. The Supreme Court must rule whether or not the change fits with the general principals of the constitution. (As an example: We could make tobacco illegal, but we could not institute slavery for persons with an IQ less than 90. One would impact commerce, the other would remove freedoms guaranteed in the preamble of the constitution. So even if everyone with an IQ over 89 agreed that slavery for a minority was a good idea, the Supreme Court would be obligated to shoot the idea down.)

And. After an amendment goes through all 3 branches of our highest government, it's still not an actual change to the constitution. It doesn't become a permanent change until 3/4ths of the states ratify it. Thus 38 of our 50 states would have to approve any constitutional amendment.

The Senate Majority Leader has threatened to change the duties of the Supreme Court. I don't know, maybe because he's a frightened? He claims that the courts have too much power. That the Supreme Court checks both the Legislative and Executive branches, but no branch checks the Court. Huh.
I remember asking that very thing during my 7th grade civics course. "It's a system of checks and balances, but who checks the Supreme Court?" Congress and the President check the Court whenever they change the constitution. The Supreme Court cannot make the laws. All they can do is decide on whether the laws are constitutional or not.

Article 3, section 1 defines the courts: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office."

What they can do is covered in section 2: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."

Looks to me like the courts did their job.

2 comments:

Buckaroo Mu said...

A toast to Terri Schaivo, who showed the American Public what the Republican Leadership truely is: A hypocritical bunch of power-hungry men who would promote, pass, and sign a law that blatantly violates the Constitiution (a Bill of Attainder) in order to please a vocal minority, in effect "passing the buck" by forcing the Courts to be "the bad guy", knowing that it would lead to death threats and remonstration against the Courts.

Let's not forget the Democratic Leadership, though - that law passed by a vote of 3-0. That means NO Democrat could be bothered to show up and vote against it, or even force a quorum call.

achromic said...

If we cannot get people to even understand that we live with a republic not a democracy then how can we even hope to get them to understand the courts? I bang my head against the uneducated..... they may spell better then me but they are just dumb....