The Schiavo case: An assault on seperation of powers

Sunday, March 27, 2005

The Schiavo case: An assault on seperation of powers

By: MIKE BYRON

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In clear violation of centuries-old federalist principles, the nonjudicial branches of the national government have intervened to set aside the proper and lawful findings of a state court. Consider the precedent being set here: If the courts do not produce the "correct" verdict, then the verdict can be invalidated by other branches of government. Worse, these other branches of government are federal instead of the executive and legislative branches of state governments.

Of course, this intervention directly affects the rights and interests of individuals such as Mr. and Mrs. Schiavo. And it is exactly this sort of capricious, extra-judicial governmental intrusion into the private lives of American citizens that the Bill of Rights is supposed to prevent.

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Federalism means that power is shared between the states and federal, government. The Constitution separates our federal government into three branches: executive, legislative and judicial. These were designed to act as checks and balances on one another. For example, the Supreme Court can rule on the constitutionality of laws passed by Congress and signed by the president. In response, Congress can change statutory law or propose amendments to the Constitution. Congress can remove any federal officer, including the president, from office by means of a constitutional procedure called impeachment. Presidents can veto legislation passed by Congress.

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With their special-purpose Schiavo legislation, Congress and the president violated the doctrine of the separation of powers, and violated time-honored federalist principles. By capriciously reaching into the lives of American citizens and jerking them around to fulfill an avowedly political agenda, they have violated the original intent of the framers of the Constitution in placing the Bill of Rights in that document.

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http://www.nctimes.com/articles/2005/03/27/opinion/commentary/17_43_173_26_05.txt

Mike Byron ran unsuccessfully as a Democratic challenger in the 49th Congressional District in 2002 and 2004, and is president of the Democratic Club of Carlsbad-Oceanside.

didn't exactly "invalidate" a state court ruling, they just asked that it be looked at by a federal court.

this is not about Terri but the constitution

Now there was a breach of states rights.