Is Sarah Palin crazy?

American Thinker ^ | 9-6-09 | Howard Lurie

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September 06, 2009

Is Sarah Palin crazy?

By Howard Lurie

Is Sarah Palin crazy?  Was she out of her mind when she implied that the Obama health care bill was going to create a "death panel" that would encourage the elderly to check out early if their illness or infirmity was draining too many dollars from the system?

Sure, there is a provision in the bill for end-of-life counseling by doctors, but it does not establish "death panels."  And yes, it does call for explanations of orders regarding life sustaining treatments, and why such orders might be beneficial to the individual and the individual's family, but there is no language in the bill mandating the individual's death.

Of course, as we have learned, the absence of specific language in the Constitution or a statute doesn't mean that something isn't there.  There is no language in the Constitution guaranteeing a right to abortion, but that didn't stop the Supreme Court from concluding that such a right exists.  The right to an abortion arose out of the right of privacy that also lacks any textual support in the Constitution.

A corollary concept is that specific language in the Constitution prohibiting something doesn't mean that it is actually prohibited.  The Constitution clearly and specifically declares that no Senator can be appointed to an office in the United States if the salary for that office was increased during the term for which the Senator was elected.  The salary of the Secretary of State was increased during the term of Senator Hillary Clinton.  Nonetheless, she was appointed and confirmed by the Senate to that office.

We have also seen that despite the Fourteenth Amendment's guarantee of equal protection of the law, a compelling state interest can exist that renders unequal treatment permissible.  An elite state law school's desire for a racially diverse student body was held by the Supreme Court to permit the law school to treat white applicants less favorably than non-white applicants.  The Court deferred to the law school's judgment that diversity was a compelling state interest.

If the equal protection clause of the Fourteenth Amendment is subordinate to "a compelling state interest," one could reasonably fear that the Amendment's guarantee that no person should be deprived "life, liberty, or property" without due process of law is likewise subordinate to "a compelling state interest."  Arguably, the preservation of dwindling government health care dollars is "a compelling state interest."

Before dismissing the above argument as ludicrous, I hasten to remind the reader that it was not too long ago that, in the interest of the greater good, states were forcibly sterilizing the mentally retarded.  "It is better for all the world" said the eminent jurist Justice Oliver Wendell Holmes, Jr. speaking for the Supreme Court in Buck v. Bell (1927), if "society can prevent those who are manifestly unfit from continuing their kind.  The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes.  Three generations of imbeciles is enough."

In 1932, the Public Health Service, working with the Tuskegee Institute, began a study of untreated syphilis in black males.  The study began with 399 black men with syphilis.  The men were falsely told that they were going to be treated, but they were never given the proper treatment to cure their illness.  Even in 1947 when penicillin became the drug of choice for syphilis, it was not offered to the men.  The study went on for 40 years, but the men were never given adequate treatment for their disease.  Despite the Hippocratic Oath that doctors supposedly take to "do no harm," a number of doctors participated in the study in the interest of medical research. 

Today, over one million abortions a year are performed.  This deliberate killing takes place with the sanction of the highest court of our land, and with the approval of our President.  These abortions are to prevent the birth of unwanted children who might become a financial burden for their mothers, families, or society.  Many of these abortions are paid for by taxpayers through agencies of our federal and state governments.

If the burden of the unwanted justifies their extermination prior to birth, it is not unreasonable to wonder whether the burden of the unwanted ill and infirm elderly would constitute a justification for their early exit from this world.  Will some number of ill and infirm aged be "enough"?

There are but a few steps between government mandated end-of-life counseling, and the "better for all the world" ending of life by government mandates. 

Sarah Palin is not crazy.

Howard Lurie is emeritus professor, School of Law, Villanova University, Villanova, Pennsylvania. Contact him at hlurie1@inbox.com. 

Page Printed from: http://www.americanthinker.com/2009/09/is_sarah_palin_crazy.html at September 06, 2009 - 09:22:48 PM EDT

[Terpfen]

Sure, there is a provision in the bill for end-of-life counseling by doctors, but it does not establish "death panels."

I question whether or not the author has actually read Palin's post on Facebook.

[hosepipe]

These aborted citizens are being replaced by illegal aliens.. en mass...
Both democrat and republican voters are aborting their parties to death..

[carolina71]

She’s not crazy.

They already have death panels in Oregon - if you are given bad odds, you don’t get treatment. You get a pill.

This author needs to read more and write less.

[Vision]

Crazy? She defeated the bill only using facebook.

What a maroon.

[Bryanw92]

Read the rest of the article. He goes on to say that the government tends to make up things in laws, if there is no specific language prohibiting it—and in some cases, they still make up things even if it’s prohibited.

[Marysecretary]

yeah, crazy like a fox. This guy gets it.

[Marysecretary]

Did you read it all the way through???

[Brugmansian]

This author needs to read more and write less

Or write more clearly. He does, eventually, get to the point Palin is correct but takes such as torturous route to get there his point is obscured.

At least I think he believes her on target. Read it twice but don't have the stamana to do it again to triple check.

[Extremely Extreme Extremist]

Sure, there is a provision in the bill for end-of-life counseling by doctors, but it does not establish "death panels." And yes, it does call for explanations of orders regarding life sustaining treatments, and why such orders might be beneficial to the individual and the individual's family, but there is no language in the bill mandating the individual's death.

Here we go again with the same talking points that have been refuted a million times.

I can't believe this crap is in the American Thinker.

[Extremely Extreme Extremist]

Guess I’m eating crow, I didn’t read the rest of the article.

[fullchroma]

Hyperbole is an effective and acceptable tool of argument. The “death panels” reference was hyperbole; but just barely, unfortunately.

[jazusamo]

Good article, the whole thing. :)

[Harmless Teddy Bear]

Despite the Hippocratic Oath that doctors supposedly take to "do no harm," a number of doctors participated in the study in the interest of medical research.

This is one of those cases I think of whenever I hear about " you can't legislate morality". The doctors had a MORAL obligation to treat those men whether or not they had a legal one. Now they would have a legal one. Is that legislating morality?

[Finny]

This author needs to read more and write less.

I deg to biffer! ;^) This author is perfectly eloquent in demonstrating why Palin is correct, and even says she is correct at the end of the article: if not in name, in practice the plan would create death panels.

[EveningStar]

Sarah Palin is not crazy.

She's not God either.

[ElayneJ]

“There are but a few steps between government mandated end-of-life counseling, and the “better for all the world” ending of life by government mandates.

Sarah Palin is not crazy.”

Read to the end of the article. The author supports Sarah.

[bigbob]

like a FOX, you betcha!

[Jeff Head]

She' crazy like a fox.

GO SARAH GO!

"The America I know and love is not one in which my parents or my baby with Down Syndrome will have to stand in front of Obama's 'death panel' so his bureaucrats can decide, based on a subjective judgment of their 'level of productivity in society,' whether they are worthy of health care. Such a system is downright evil" - Sarah Palin, August 8, 2009

"We face challenging times with some hell-bent on tearing down our nation by perpetuating pessimism and apologizing for America. They suggest that our best days were yesterdays. But how can this pessimism exist? Proof of our greatness and pride is all around us today. We produce proud and great volunteers who sacrifice everything for their country.

"We can resist enslavement to big central government that crushes hope and opportunity. We must be wary of government largesse. It doesn’t come free and often accepting it takes away everything that is free. Melting into Washington’s powerful and caretaking arms will only lead to suck away the incentive to work hard and chart our own course. This will only contribute to an unstable economy and dizzying national debt, and it will make us less free.

"We don’t have to feel that we must beg an allowance from Washington – except to beg the allowance to be self-determined.

"See, in order to be self-sufficient (we) must be allowed to develop, to drill and build and climb to fulfill our promise! We can not start believing that government is the answer. It can’t make you happy or healthy or wealthy or wise. What can? It is the wisdom of the people and our families and our small businesses and industrious individuals. And it is God’s grace helping those who help themselves." - Sarah Palin, July 26, 2009

SARAH'S FAREWELL SPEECH AS GOVERNOR - GREAT READ

Sarah has now initiated her brilliant flanking manuever against the left, the DNC, the MSM and the RINOs that has them all in a frenzy wondering what her next move will be and how it will be perceived...and has them frothing at the mouth in their efforts to discredit her.

Sarah will now get her book out, go on tour, give speeches and promote conservatie principles all over this country in the midst of the Obama administration disaster and gain great political capital in the process. Then she will support conservative candidates in 2010 and help them win, amassing much more political capital. She will then take all of that and make an awesome, stunning run for the Presidency in 2012.

MANY MORE STICKER DESIGNS HERE

"...like that grizzly guards her cubs, as a mother naturally guards her own. I will keep that vow wherever the road may lead." - Sarah Palin, July 26, 2009

SARAH PALIN STANDING IN THE BREACH

AMERICA AT THE CROSSROADS OF HISTORY

A PETITION ON FACEBOOK FOR CONSTITUTIONAL RESTORATION

[Just mythoughts]

She's not God either.

Of course NOT. But these liberals per BamaKennedy in his conference call to his religious base claim a partnership with their god to decided who lives and who dies.