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Terri Schiavo counts: Now give her equal protection
Townhall ^ | February 23, 2005 | Terrence Jeffrey

Posted on 02/23/2005 8:17:45 AM PST by NYer

Before lawmakers in Florida allow Terri Schiavo, a mentally disabled woman who is fed through a tube, to be starved and dehydrated to death, they ought to take a careful look at the 2000 Census.

 It explains why the Constitution compels them to keep fighting for Terri's life.

 In 2003, a Florida judge decided Terri's estranged husband (who has two children by another woman) could disconnect her tube and kill her by starvation and dehydration. Gov. Jeb Bush persuaded Florida's legislature to enact a law allowing him to restore Terri's tube. But the law was narrowly cast: It applied only to Terri, retroactively reversing the judge's decision to authorize her killing.

 The Florida Supreme Court overturned Terri's Law, saying the governor and legislature did not have the authority to reverse a final judicial determination made under existing state laws. Last month, the U.S. Supreme Court declined to hear Bush's appeal of the decision.

 But the truth is Terri's Law did not go far enough. This time, Gov. Bush and the Florida legislature should protect not only Schiavo from starvation and dehydration, but also every other person in the state.

 As the 2000 census illustrates, this is their constitutional duty.

 Under the 14th Amendment, the Constitution requires the census to count "the whole number of persons in each State." Accordingly, the 2000 Census counted 88,828 "persons" living in nursing homes in Florida, 3,538 living in "hospitals/wards and hospices for the chronically ill" and 4,233 living in psychiatric hospitals or wards. Nationwide, it counted 1,720,500 persons living in nursing homes.

 There was no degree of disability, incapacitation or illness that disqualified someone from being counted as a "person" under the Census Bureau's 14th Amendment mandate to count "the whole number of persons."

 Under the 14th Amendment, Terri Schiavo and other disabled people are indisputably "persons."

 Even judges who wrongly deny that unborn babies are persons cannot deny that the 41-year-old Shiavo is a person. Every member of the U.S. House of Representatives is elected from a district drawn a certain way because all disabled persons such as Schiavo were counted just like any other person under the plain meaning of 14th Amendment.

 This presents what ought be an insurmountable constitutional obstacle for those who want state governments -- either through their courts or legislatures -- to legalize the killing of innocent persons like Schiavo, no matter by what means the intended killing is affected. The same 14th Amendment that considers Terri a "person" when it comes to taking a census and apportioning Congress also says, "No State shall ... deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

 Terri has an equal right to every other person in Florida to the state's protection from homicidal acts. Florida may no more legalize killing mentally disabled persons than it can legalize killing persons with brown hair.

 America has seen antecedents to this type of moral crisis. There is an ineradicable force in the fallen nature of man that will always drive some human beings to trample the God-given rights of others. The reason we have a Constitution is to stop them. It is especially the reason we have a 14th Amendment.

 When the Constitution was originally ratified, it did not command the census to count all persons. It commanded that it count "the whole Number of free Persons" and only "three fifths of all other Persons."

 The "other persons," of course, were African-American slaves. Many Southerners preferred slaves to be counted as persons when it came to apportioning their state's congressional representation, but not when it came to apportioning federal taxes among the states by population. Many Northerners, who rightly viewed slavery as a gross violation of human rights, nonetheless wanted slaves counted as persons for apportioning taxes, but not for apportioning congressional seats.

 Northerners and Southerners compromised and wrote constitutional language that pretended slaves were not full persons. This failure to recognize and protect the full humanity of all persons was the original sin of the Republic. It led to years of turmoil, a bloody Civil War and, finally, a 13th Amendment to abolish slavery and a 14th Amendment to ensure that all states give all persons equal protection of the law -- and that all persons are counted in the census.

 All along, the Declaration of Independence had stated the truth: God endows all men with certain inalienable rights, including life and liberty.

 Florida lawmakers must protect Terri Schiavo and all other persons from death by starvation and dehydration. It is their constitutional duty.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government; News/Current Events; Philosophy; Politics/Elections; US: Florida
KEYWORDS: bigamy; felos; govbush; murder; schiavo; schindler; terrischiavo

1 posted on 02/23/2005 8:17:49 AM PST by NYer
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To: luv2lurkhere; Budge; floriduh voter; summer; Coleus; amom; ruoflaw; submarine; cpforlife.org; ...
Man "finds" Wife unconscious.

Man keeps Wife unconscious.

Man gets malpractice money for Wife.

Man wants Wife's money.

Man wants Wife dead so Man can have money.

Man gets Lawyer.

Lawyer is/was Hospice Board Member.

Lawyer promises Man that Wife will die at the Hospice...

2 posted on 02/23/2005 8:18:39 AM PST by NYer ("The Eastern Churches are the Treasures of the Catholic Church" - Pope John XXIII)
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To: NYer

Agreed.

However, Florida has a lot to gain by removing assets that sap the resources of the state AND to absorb the assets of those deceased without heirs.

You see, Florida is a retirement state - why should Florida not profit from assisting the "drains" on the health system on to their reward. Apparently the death culture (meaning death determined by the courts and others for the weak) is very strong in Florida.

It might prove beneficial to plan your retirement for some place other than Florida. Yet, if you are willing to allow a spouse the right to kill you if you fall into a coma and the spouse suddenly remembers you said you did not want to live incapacitated, go ahead - enjoy Florida.


3 posted on 02/23/2005 8:26:29 AM PST by ClancyJ (Sometimes we're a think tank, and sometimes we're just a tank ! - SlowBoat 407)
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To: Ohioan from Florida
Terri Ping!!

Please ping the list.

4 posted on 02/23/2005 8:26:53 AM PST by Jersey Republican Biker Chick (Never play leapfrog with a unicorn!)
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To: NYer
Your list is so true, but you forgot...

Lawyer contributes to Judge's election campaign.

5 posted on 02/23/2005 8:29:27 AM PST by Jersey Republican Biker Chick (Never play leapfrog with a unicorn!)
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To: NYer
Man claims in bogus "malpractice" suit tht Wife loved life and would live for many, many years even though disabled.

Wife wins phony malpractice suit and serious money.

Man gets common law wife, has kids by her, refuses to divorce Wife.

Man refuses to give Wife's parent custody.

Man stays married to Wife plotting to get her money.

Man plans to murder wife to get malpractice suit money.

Man finds crooked lawyer, lawyer's hospice, and even more corrupt judge to murder wife.

6 posted on 02/23/2005 8:29:50 AM PST by FormerACLUmember (Honoring Saint Jude's assistance every day.)
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To: NYer

Thanks for the ping!


7 posted on 02/23/2005 8:32:05 AM PST by Alamo-Girl
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To: NYer
http://www.courttv.com/13thjuror/inthenews.asp

Should the husband of Terri Schiavo be allowed to remove her feeding tube?
49.91%
Yes
50.09%
No

8 posted on 02/23/2005 8:33:57 AM PST by Salvation (†With God all things are possible.†)
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To: Alamo-Girl

Could someone from Florida provide us with an in depth background on the judge,who will rule on whether Terri is starved to death.


9 posted on 02/23/2005 8:42:00 AM PST by ardara
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To: NYer
Way to go NYer!

Couldn't have written equally well.....oh yea....I did:

MICHAEL SCHIAVO'S LEGAL FLIP-FLOP

10 posted on 02/23/2005 8:52:52 AM PST by Robert Drobot (God, family, country. All else is meaningless.)
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To: ardara; pc93; Ohioan from Florida
Could someone from Florida provide us with an in depth background on the judge,who will rule on whether Terri is starved to death.

I'm pinging a few others who probably have the information you seek - or possibly can provide a link. Thanks for your question!
11 posted on 02/23/2005 8:54:08 AM PST by Alamo-Girl
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To: NYer

i haven't heard why a mid 20s female has a heart attack explained. seems fishy to me.


12 posted on 02/23/2005 8:54:55 AM PST by RolandBurnam
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To: FormerACLUmember
Way to go FormerACLUmember!

Now where did I read this before.....oh yea....I wrote it:

MICHAEL SCHIAVO'S LEGAL FLIP-FLOP

13 posted on 02/23/2005 8:56:38 AM PST by Robert Drobot (God, family, country. All else is meaningless.)
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To: Robert Drobot

bump!!!


14 posted on 02/23/2005 9:00:45 AM PST by FormerACLUmember (Honoring Saint Jude's assistance every day.)
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To: NYer

Man swears under oath that Terri is his life and that he will care for her until he dies


15 posted on 02/23/2005 9:06:37 AM PST by ruoflaw
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To: Salvation

One can only wonder how that poll would go if the wording were to accurately reflect the details of how this woman will die if the feeding tube is removed.

We treat stray dogs better than this. Jesus wept.


16 posted on 02/23/2005 9:13:24 AM PST by NCSteve
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To: NYer

I would love to see her kidnapped. It would have to be a pretty high-tech operation, to move her, keep her alive, set her up in some secret location, but I'd love to see it. And then set up a web-cam --- not connected to the traceable internet but to a VCR. And send tapes to the media once in a while. And let them fume and rage that they didn't get to kill her.

Ok. I know. Time to wake up and smell the crematorium.


17 posted on 02/23/2005 9:26:17 AM PST by samtheman
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To: Salvation

Michael Schaivo needs HIS feeding tube removed - without anaesthetic. It would be easy - there is no heart to get in the way.


18 posted on 02/23/2005 9:35:31 AM PST by MainFrame65
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To: NYer

Surely, with all the questionability of voting in FLORIDA, TERRI voted, (even if for the DEMOCRATS)!


19 posted on 02/23/2005 9:54:49 AM PST by UCANSEE2
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To: NYer
JUDGE WANTS EYEBALLS
20 posted on 02/23/2005 9:55:39 AM PST by UCANSEE2
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To: UCANSEE2

I hear that CNN is reporting that Jeb is looking for ways to help and is asking the family for their suggestions...pray.


21 posted on 02/23/2005 10:01:44 AM PST by freepertoo
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To: All

Florida does have a big stake in this. Have you any idea how many persons in Florida have traded their assets for lifetime care in one of those phased care retirement centers. Ooodles. And many are vets and many have just plain worked hard all their lives to become vulnerable to the precedent set by this ruling.
The USA is a country that promotes "Human Rights" around the globe and look and see what they actually practice. One of the grossest deaths is dehydration.
Makes me ill when I see the "Presidents" promoting money for one cause or another, not because the cause isn't worthy, but because they are not practicing what they preach and that is one he---va example for the world to see.


22 posted on 02/23/2005 10:17:45 AM PST by curiousmind
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To: NCSteve

My daughter asked me this morning, "If they want to kill her, why don't they just shoot her instead of starving her to death? Seems like it would be less painful."

Yes, we treat stray dogs better.


23 posted on 02/23/2005 10:47:44 AM PST by G.Love (Senate majority - use it or lose it.)
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To: All

Hmmm..

Seems Jeb could speak, with Authority, as Gov., and call out state troopers etc, to prevent this from happening despite what the courts say...

Claim it's a 14th amendment issue, a fed issue, for the fed govt to solve. He should declare that until that time, no state court order requiring/allowing removal of the tube will be enforced.

His brother is the president, after all...

Jeb is not being bold, he's hiding behind a false powerless ness.....

he needs a pair of cahones as we say here in NY..


24 posted on 02/23/2005 2:09:15 PM PST by 1stFreedom (1)
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To: 1stFreedom
Seems Jeb could speak, with Authority, as Gov.

Unfortunately Jeb has stated that the court has defined his authority, and did a Pontious Pilate duck and cover.

Silly me I thought the State Constitution define his authority.

25 posted on 02/23/2005 2:55:14 PM PST by itsahoot (There are some things more painful than the truth, but I can't think of them.)
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To: FormerACLUmember

Man is found on side of road with bullet in head.

Mans lawyer is found next to him also with bullet in head

Wife goes home to family

Wife collects mans insurance policy

Police do not find killer

Wifes family takes care of woman

World is back in balance.


26 posted on 02/23/2005 3:27:06 PM PST by EQAndyBuzz (60 votes and the world changes.)
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To: itsahoot

>>Pontious Pilate duck and cover.

You know... I that thought did hit me...


27 posted on 02/23/2005 3:29:14 PM PST by 1stFreedom (1)
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To: ardara; Alamo-Girl

Coming to this thread late, but check out http://www.theempirejournal.com for a bunch of stuff about Judge Greer.


28 posted on 02/24/2005 8:59:55 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: Jersey Republican Biker Chick; 4Godsoloved..Hegave; 8mmMauser; a5478; Annie03; atruelady; ...

Just finding this ping! Thanks JRBC!

Terri ping! If anyone would like to be added to or removed from my Terri ping list, please let me know by FReepmail!


29 posted on 02/24/2005 9:19:06 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: NYer

Good one! I'm getting tired of Michael Schiavo treating Terri like she's his property to be disposed of like trash. If Greer tries to crap all over Florida authorities sent in to investigate, there will be hell to pay.


30 posted on 02/24/2005 9:34:53 PM PST by Saundra Duffy (Save Terri Schiavo!!!)
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To: NYer
Good find. Indeed Terri deserves equal protection under the 14th amendment!
31 posted on 02/24/2005 10:10:09 PM PST by TAdams8591 (The call you make may be the one that saves Terri's life!!!!!!)
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Bump!


32 posted on 02/24/2005 10:52:56 PM PST by windchime (Hillary: "I've always been a preying person")
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To: NYer

Exactly.


33 posted on 02/25/2005 5:02:40 AM PST by Dante3
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