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To: MatrixMetaphore

I wasn't assuming anything other than that you may have the knowledge to lend me some insight into my questions. Why don't you recognize the govt's authority? And to repeat, what about the supremacy clause, etc? Any thoughts?


57 posted on 03/23/2005 8:48:24 AM PST by agrace
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To: agrace
Take a look at what the government is (essentially) trying to accomplish here. They are attempting to intervene in a state law case. Many disagree that this is a state issue, but it really is. Florida law does not recognize that Terri should be divorced from her husband. Florida law does not recognize her parents as having power of attorney. Florida law recognizes assisted feeding and hydration devices are "life support" units, and may be removed upon authorization and/or direction of the next of kin, which in this case, is Michael.

The government was established with the understanding that federal governance and state governance is separate. The supremacy clause states that when two laws, state and federal, conflict with one another, federal supersedes the state. The problem is that federal law DOES NOT conflict here, because there isn't one. Congress is attempting to enact a statue that WILL conflict with the state, therefore overriding it. That's an abuse of power in my opinion.

Touching on "cruel and unusual", where does the line stand on this issue? If someone cannot breathe on their own, but will take several hours to die if removed from a respirator, is this "cruel and unusual"? I'm not so sure.

Global News Matrix

61 posted on 03/23/2005 8:55:43 AM PST by MatrixMetaphore
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