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Republicans Step Up Attacks on Judiciary
Reuters ^ | 4/8/05 | Alan Elsner

Posted on 04/09/2005 5:49:59 PM PDT by Crackingham

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To: Texas Eagle
I have wondered the same. If Congress gets sufficiently angry, simply dis-ordain them from time to time. And as I read this, it is CONGRESS that has the say in the establishment or dis-establishment of Federal the courts, (other than the Supreme Court) not the President.
21 posted on 04/09/2005 6:25:39 PM PDT by Enterprise (Abortion and "euthanasia" - the twin destroyers of the Democrat Party.)
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To: Texas Eagle

Yes.

And Congress ALSO has the power to prevent the Federal Courts from reviewing any law it passes, simply by saying so in the text of the law.

Therefore, Congress could simply pass a Federal law prohibiting same-sex marriage and it would NOT be reviewable by the Federal Courts.

However, House Judiciary Chair Sensenbrenner would prefer that marriage remain a State issue.


22 posted on 04/09/2005 6:26:13 PM PDT by ninenot (Minister of Membership, TomasTorquemadaGentlemen'sClub)
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To: Viking2002

I rather like you style--but prefer a .30-06 to the spear.


23 posted on 04/09/2005 6:26:55 PM PDT by ninenot (Minister of Membership, TomasTorquemadaGentlemen'sClub)
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To: Texas Eagle
Which brings to mind another "nuclear" option. The Republicans in Congress should tell the Democrats that if they continue to "filibuster" the nominations, they will simply dis-ordain the Federal Courts. Guess who go nuclear THEN!
24 posted on 04/09/2005 6:30:11 PM PDT by Enterprise (Abortion and "euthanasia" - the twin destroyers of the Democrat Party.)
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To: ninenot
Therefore, Congress could simply pass a Federal law prohibiting same-sex marriage and it would NOT be reviewable by the Federal Courts.

In such a case, it also wouldn't be enforceable by those same courts, so it'd be pretty much a dead letter.

25 posted on 04/09/2005 6:55:33 PM PDT by inquest (FTAA delenda est)
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To: expatguy
The issue that really needs to be addressed and which many here tend to overlook is whether or not we have a "right to die".

I believe the emphasis should be put on people's "right to live." Under no circumstances should anyone who does not have a signed, notarized statemant that they want to die, be put to death. If Michael would have had to prove it by producing a notarized will, Terri would still be alive today.

26 posted on 04/09/2005 7:16:23 PM PDT by NRA2BFree (Hosea 4:6 My people are destroyed for lack of knowledge ..)
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To: floriduh voter

I agree, they should be arressted from the bench for not following the Constitution of this country and go to jail for murderous actions!!!


27 posted on 04/09/2005 7:27:19 PM PDT by Halls
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To: NRA2BFree

I thought our right to live was inherent. I now realize--I have been fooled. It really is about the budget and the Dems are going to fix healthcare and cram pro-life back at the Republicans while they stand by and say pro-life, pro-life but NO I will not pay for it.


28 posted on 04/09/2005 7:32:54 PM PDT by Snoopers-868th
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To: Crackingham

This what they should have been doing all along.


29 posted on 04/09/2005 7:39:15 PM PDT by Brilliant
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To: NRA2BFree; Halls; Trout-Mouth; inquest; All
"...Under no circumstances should anyone who does not have a signed, notarized statemant that they want to die, be put to death...[sic]

Which comes back once again to my original question:

Do we have a constitutional "right to die"?

If you think that we do, then you have been suckered into the secularist's agenda.

My thoughts are as follows:

Do we have a "right to die"?

The dilemma that we are now faced with and sadly brought on by our nation's courts is multi-faceted. First, the determination of who exactly has a "life not worthy of living" now becomes entirely subjective. Not only from individual to individual and from state to state, but from nation to nation as well.

The dangerously seductive arguement that many Americans seem to have unwittingly accepted is that we as individuals have a constitutional "right to die". Simply put, we don't.

Our nation's Supreme Court seems to think that the "right to die" is a liberty protected by the Due Process Clause. It may in fact be a liberty, but it is not a fundamental or natural right. While the Ninth Amendment might seem to imply that we do in fact have additional fundamental or natural rights, what the court fails to recognize is that, it is not with their power to grant us those additional rights. Those fundamental rights are God given rights, natural rights, i.e., rights we possess by nature and not by law. To give an analogy, I have a right to go to Heaven, it is a liberty that I possess and yet the court cannot grant me that right. Likewise, the court cannot grant me the "right to die", only God can, and only when he chooses.

The courts now find themselves in a dilemma now by basing all their current and future judgements for other cases on a mistake made back in 1990 where our court played God and granted a "right" that they actually had no power to grant. The "right to die".

Throughout this recent case, the arguement accepted by the court seems to have centered on "This was Terri's wish." and "This is what Terri would have wanted." Im sure Terri like many of us also wants to go to Heaven.

Very well then, if the court feels that Terri can choose that she does not want to live her life based on her medical condition, then how can the same court deny a person who makes the choice i.e. the liberty that they don't want to live their life as a prisoner, as a drug addict, as a sick person, as a disabled or retarded person, as an only child, or as an ugly person, the list goes on. Surely if the court feels that the "right to die" is a liberty protected by the Due Process Clause then anyone at anytime can take their own life and choose the time of their death.

Secondly, and yet even more sinister, who (other than the individual concerned) has the right to decide in cases such as this? The parents, guardian, husband/wife or the State?

30 posted on 04/09/2005 7:44:23 PM PDT by expatguy (http://laotze.blogspot.com/)
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To: Texas Eagle

Yes. It also means that Congress can set terms of service and limit jurisdiction.


31 posted on 04/09/2005 8:17:23 PM PDT by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: Crackingham

Quite a brazen hit piece.
"Tom DeLay Under-fire-for-his-use-of-campaign-dollars-and-other-ethical-problems."
What is that, his full Indian name?


32 posted on 04/09/2005 10:51:28 PM PDT by Graymatter
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To: expatguy

I saw this article on a blog. We all die but we do not have a right to take someone else's life. Suicide by one's own hand is uncontrollable.


33 posted on 04/09/2005 11:02:22 PM PDT by Snoopers-868th
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To: Trout-Mouth
That would have been mine ;-)

An American Expat in Southeast Asia

34 posted on 04/09/2005 11:05:47 PM PDT by expatguy (http://laotze.blogspot.com/)
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To: expatguy

Did you read the comments to your article? I was astonished.


35 posted on 04/09/2005 11:30:48 PM PDT by Snoopers-868th
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To: Crackingham

The Dems and the ACLU having been assulting judges for years. Unless they are Left-Wing.


36 posted on 04/09/2005 11:38:50 PM PDT by Brimack34
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To: Trout-Mouth

On which essay?


37 posted on 04/09/2005 11:41:42 PM PDT by expatguy (http://laotze.blogspot.com/)
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To: Crackingham

I doubt that he even knows any Republicans or Conservatives. It is like saying "the American People" want __________. Since when does he know what "the American People" want?! It's the same crap the Clintons pulled when he was being IMPEACHED!

38 posted on 04/09/2005 11:58:26 PM PDT by kcvl
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To: Crackingham
House of Representatives Majority Leader Tom DeLay, under fire for his use of campaign dollars and other ethical problems

News at 6.... The adulterous, coke-laden, traitorous and impeached former POTUS, Bill Clinton, will give an exclusive interview regarding all the mysterious deaths surrounding his career, plus the sell-out of our national security to the Chinese, for political dollars..

39 posted on 04/10/2005 4:28:47 AM PDT by LaineyDee (Don't mess with Texas .....wimmen!)
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To: RoseofTexas

Two years ago at my daughter's Christmas party in Houston we met her new neighbors, both Reuter's employees, that she had invited as a courtesy. Last year they put up a big Kerry-Edwards on their lawn. Needless to say they weren't invited to my daughter's Christmas party!


40 posted on 04/10/2005 5:17:55 AM PDT by RightWingConspirator (Glad that Ted the Boorish Drunk, Hitlery the Witch and John Fonda/Fraud Kerry are not my senators.)
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