The Republic Dies with Terri Schiavo
It’s an alarmist statement to be sure. However, I think it is one more final nail in the coffin of any sense of democracy we have in this country.
The bad rulings that have no basis in law are being defended under “separation of powers” statements. The courts have ruled and the executive and legislature have no right to intervene. Let’s talk about that for a second.
The separation of powers doctrine in our constitution goes along with another similar statement, checks and balances. Separation of powers is not enough to ensure a responsive and democratic republic. There must be oversight by other branches of government. The Senate reviews presidential appointments including those to the judiciary. The President can veto any law by Congress. Congress can limit juristiction of the courts and the President can pardon anyone convicted in the court system.
But here comes the “right to die” crowd trying to put Terri to death saying that no legislature or executive agency can do anything that might even stall the court for one minute because that would violate “separation of powers”. The court has given the big “f*ck you” to all other government branches saying “we’ve made our decision, this woman dies and there is nothing you can do about it”.
Well kids, it strikes me that the courts no longer recognize checks and balances as any restriction on what they can do, even in putting someone to death. Can we honestly say that this is a Republic? Where is the democracy of one man in a robe ordering someone to death and allowing no other branches of government, much less a jury of peers, have any say in the matter?
When and if Terri dies, the Republic is buried with her. We’re in a juristocracy then.
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