violations of the 10th amendment & state's rights.
The Schiavo case is no longer about the woman, it is about Congress interfering in the operations of the states. Florida law was followed, Florida Courts decided and the federal government has not authority to interfere with the action or to pass this resolution.
This is state's rights versus the federal government and is an example of the members of congress violating their sworn oaths to protect and follow the Constitution. Bills of Attainders are illegal and acts of legislation aimed at individuals, generally for the purpose of punishing an individual without a trial, are bills of attainders.
In this case though, a special piece of legislation has been crafted solely to federalize the case of Terry Schiavo, trumping state sovereignty and the 10th amendment. Thus the members of Congress that vote for this resolution are violating their oaths of office and are not upholding and protecting the Constitution.
Additionally, the GOP's has been on the band wagon complaining that the judiciary is in effect legislating from the bench, but with this resolution they will be guilty of “Legislative Adjudication” upsurping the rulings of the Florida State Court that following the Florida State Laws.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." --10th Amendment to the Constitution of the United States
Bill of Attainder
Definition: A legislative act that singles out an individual or group for punishment without a trial.
The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."
"The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v. Brown, 381 U.S. 437, 440 (1965).
"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist, The Supreme Court, page 166.
"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." James Madison, Federalist Number 44, 1788.
Supreme Court cases construing the Bill of Attainder clause include:
* Ex Parte Garland, 4 Wallace 333 (1866).
* Cummings v. Missouri, 4 Wallace 277 (1866).
* U.S. v. Brown, 381 U.S. 437 (1965).
* Nixon v. Administrator of General Services, 433 U.S.425 (1977).
* Selective Service Administration v. Minnesota PIRG, 468 U.S. 841 (1984).
http://www.techlawjournal.com/glossary/legal/attainder.htmThis is not about Schiavo - this is about the Constitution and the continuing efforts of the repukes to violate the Constitution and to erode our rights and the rights of the states.
You should be upset about that, imho!