Thursday, March 31, 2005

A Point from Fox and Friends.

Fox and Friends talked with a reverend of some sort this morning. He made the point the Terri Schiavo fight is NOT a case of left vs. right. He noted the senate passed Terri's bill WITHOUT ANY DISSENT!. This means Teddy Kennedy, Hillary Clinton, Chuck Schumer, and the rest of the Democrats approved the bill. Why then does Tom DeLay get all the heat he is getting?

Don't forget Ralph Nader and Jesse Jackson are fighting for Terri's life as well!

Also over at the American Mind Sean points out:
The court gave the Schindlers a glimmer of hope because Judge Stanley F. Birch Jr. wanted to scold politicians. He wrote,

In resolving the Schiavo controversy, it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people our Constitution.

Oh please! Maybe Congress and the President overstepped their constitutional bounds, and maybe they didn't. Since Judge Birch didn't feel the need to declare the late night, emergency legislation unconstitutional that question is up for grabs. As Captain Ed puts it, "Talk about judicial arrogance!" And at a grieving family's expense.

Agreed! Talk about arrogance. The Congress can set the jurisdiction of the courts:

Section. 1.

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.
Section. 2.

Clause 1: 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; (See Note 10)--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.

Clause 2: 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.

Clause 3: 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.