Posted on 03/29/2005 1:04:22 PM PST by Gunner9mm
"THE RULE OF LAW" VS MORALITY
One of the important lessons to be learned from the Terri Schiavo case is this: We cannot legislate morality, but we can legislate morally.
Once we cut through the overheated rhetoric, once we get past the supercharged emotions, once we get beyond the charges and countercharges, we find that the Schiavo case is no longer a medical case, no longer a judicial case, and no longer a cause to involve lawmakers. Her case is a moral case. And without a consideration of morality, the judicial, medical and legislative decisions made are hollow and devoid of humanity.
We hear continuously about “The Rule of Law”. Florida Judge Greer has applied “The Rule of Law”, according to his view of the law, restricting the decisions regarding Terri Schiavo’s life to the husband. Governor Jeb Bush has thrown up his hands and given up trying to take any action to reverse the judge’s opinion, stating that he cannot go against “The Rule of Law”. All the appeals attempted by Terri’s parents have been rejected by every appeals court, up to and including the US Supreme Court; rejected as the courts ruled that Judge Greer conformed to “The Rule of Law”.
Americans have become so focused on “The Rule of Law” that we have lost sight of the importance of morals. We place so much blind faith in our lawmakers and judges that we just accept the laws that are passed by the legislatures, enforced by the police, and upheld by the courts. We have become so brainwashed by the liberal, post-modern, non-judgmental propaganda that we never even question the moral basis of the laws that are passed or the decisions of the courts. God forbid we should have someone else’s morality imposed on us. So now we expect lawmakers and judges to strip out any consideration of morality when considering or reviewing laws.
We now see the outcome of that empty process. We get a judge’s ruling that an adulterous husband, currently shacked-up with a women with whom he has two children, has absolute authority over his disabled wife’s life, even though that disabled woman’s parents are willing to take custody and care for her. We have a judge who has sentenced a woman to death because it suits the husband. What about “due process”? The judge and the appellate process checked that box by considering “The Rule of Law”.
Among the other outrageous examples of idiocy in this case can be seen in the video tapes taken of the arrests of protesters. Judge Greer ruled that, not only were food and drink not to be provided to Terri Schiavo by anyone, anyone attempting to bring food or water was to be arrested. Video scenes show the Florida police arresting children, handcuffing children, and taking them off to the station. The entire ordeal is surreal. The hospital has been ordered to stop providing Terri with food and water. But that isn’t enough for the judge. He has ordered even the attempt by anyone – her parents, her brother or sister, her friends, strangers – to be met with armed police.
We need to think seriously whether we want to live in freedom or under the tyrannical thumbs of judges and lawmakers who want to control us with “The Rule of Law”.
St. Augustine said (paraphrased by Father Pavone in another thread) that a law that is injust is not a law, it is an act of violence, and it has no authority.
I happen think that's a bullseye.
In the end it is all too often the case that the folks who used the law to murder the innocent have to be dealt with militarily.
Frankly, Clinton's getting away with high crimes and misdemeanors should have convinced us that we don't live in a nation governed by the "rule of law."
Amen
Judicial tyrants and the Rule of Lawyers have seized control of our beloved nation, urinating on the Constitution and Bill of Rights.
There is a radical solution which upholds both morality and the rule of law: while there is perhaps sufficient case law for Judge Greer to order the withdrawl of the feeding tube as an 'extraordinary medical intervention', his order that no one feed Terri Schaivo by mouth (not an extraordinary medical intervention) should be treated as attempted murder under cover of law, just as if a police officer while on duty shot a non-threatening innocent.
A grand jury should be impaneled and arrest warrants issued for Judge Greer, Michael Schiavo, George Felos and any police office who actively enforced Greer's order for attempted murder and conspiracy to commit murder.
This solution is radical, but it does not overthrow the rule of law, and is perfectly consistent with the analysis of the case as an attempt to murder a disabled woman which all of us supporting her fight hold.
IF A LAW GOES AGAINST THE CONSTITUTION, IT'S A BAD LAW.
I THINK THIS JUDGE SHOULD BE REMOVED FROM THE BENCH. HE IS IN CONTEMPT OF CONGRESS AND IN COMTEMPT OF THE CONSTITUTION.
IT'S LONG PAST TIME TO STAND UP TO THESE JUDGES AND REMOVE THOSE WHO DON'T WISH TO FOLLOW THE CONSTITUTION.
CONTINUING TO ALLOW THESE PEOPLE IN POWER WILL DESTROY THIS NATION.
IF THE LEFT CAN'T KILL YOU BEFORE YOUR BORN, THEY WILL KILL YOU WHEN THEY HAVE DECIDED YOUR LIFE ISN'T WORTH LIVING.
Nice point, but the author proposes no solution(s).
that ought to be a requirement for a "just war."
we invaded Iraq because an "evil dictator" was oppressing -- systematically denying basic human rights -- to innocent people under his authority.
Whatever international laws bound us, the principle of life overrode them. And force was used to stop the brutality.
Now, here at home, another innocent is being denied basic human rights, and we call it "abiding by the law?"
This doesn't compute.
Good one, might interest you.
WOW, Yet another great truth!!!!!!!!!!!
It might require a little thought for some, but it's pretty clear to me that tossing folks into a plastic shredder and then withholding water and feed are pretty much the same sort of thing.
Let's not be deceived that we are "a nation of laws" because we have become a nation of the courts.
Americans have been so mislead by the government as to what the law IS that hardly anyone knows what a beautifully simple system of government was created for us by the Founders.
The courts and the judges are especially determined to go against President Bush. Or, Jeb Bush, since he is the brother of the man they fear.
you argue against yourself better than I can.
It's murder most foul.
The perpetrators should be indicted, tried, convicted, and hanged 'til dead (or whatever it is Florida does other than starve folks to death these days).
At the moment, unfortunately, all we've got is the satisfaction to know that Judge Greer will never again in his live be able to go about his business in peace. He'll always have to watch over his shoulder, and carry chemicals with him so that he can test the food he's eating for poison.
Stuff doesn't go back to "normal" after this!
One of the reasons the "Rule of Law" is so ingrained in everyone's mind is it's use during the 2000 election. We are a nation of laws, the rule of law and other deviations were used so stongly during that time it has become a part of the daily thought and vocabulary of all people.
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