Let nothing stand in the way of power, especially the life of an innocent, abused handicapped woman. So might sum up the courts in America.
There is a colossal battle going on in America. Not only is it colossal but it is of huge historic significance in the future fabric of the culture. This battle is for the power turf. It is a battle that will determine whether America ultimately becomes ruled by a few appointed judges or by those we elect to represent us. It is to determine whether judges are under the law, make the law, or are above the law.
Make no mistake, the Schiavo case is only the latest round in this battle. But the Schiavo case has inadvertently focused America on the place of the judiciary and its proper role in our land.
The power struggle transpiring between the legislative branch and the executive on one side and the judiciary on the other, is even more significant given the leftist control of the judiciary and the Republican control of the legislative and executive branches. At the federal level Terri Schiavo has been sacrificed to make a statement in that battle.
Consider that it was the Republican Congress that initiated an effort to save Terri Schiavo from being killed. Consider it was the Republican President that made such a strong statement on her behalf, even cutting short his vacation. Consider it was the judiciary that sentenced her to death even in the face of strong evidence that she was a victim of domestic violence, was being abused as a handicapped woman, was viable and responsive, and that there were serious questions surrounding the various individuals related to the case, including the judge.
The Congress, to their credit, approached this matter from a reasonable and sensible manner. Congress gave the judiciary a strong sense of where they stood on this matter, but at the same time they gave the bench the opportunity to review the details, examine the evidence, and consider the particulars of the substance of the Schiavo case. The Congress was saying to the Judicial branch, “We think there are enough significant problems with this case to warrant a full review.” The President echoed those sentiments by signing the bill which requested the federal judiciary to reexamine this case. The President encouraged the Judicial branch by saying that where there are significant questions it is better to err on the side of life. The Congress was within their full rights under Article 3 of the Constitution.
The federal Judicial branch chose instead to rule on narrow issues of procedure and trivia, ignoring the clear intent of the Congress and, in effect, telling the other two branches to stick it. “You are not going to tell us what to do,” was the message, thumbing their judicial noses, and Terri Schiavo gets murdered in the process.
Clearly this slap at the legislature and the executive was a line in the sand. Essentially the judiciary was saying that they will not yield any power to the legislative and executive branches even if an innocent, abused, handicapped woman will be killed. And they might have added, “Especially to you, Mr. President.” This seems to be standard procedure for the liberals in government… never work with the opposition. Never be reasonable. Obstruct, oppose and hold onto power even if an innocent person is killed along the way.
Given the decidedly liberal composition of the judiciary in America, it is not hard to understand this battle. The Left is feeling very threatened and is trying to hang onto its last stronghold. The Left likes the idea of law by judicial fiat. They like the idea of a few enlightened ones telling the rest of us what to do, think, and say and then requiring that we adhere to these fiats. They have been continually losing at the ballot box. They don’t want to lose the judiciary and all hope of imposing their rejected ideology on America.
This, I believe is the core of what has transpired at the federal level in the Schiavo case.
At the Florida state level, while there would appear to be significant problems with many aspects of this case, two things seem to be paramount. One is a lawyer who represents a larger agenda (euthanasia in this instance) looking for a good client to try and force that agenda on the people via the courts, along with a willing judge who will support that agenda; basically legislation by two, the lawyer and the judge. The second is the power issue infecting the federal judiciary.
The power issue came into focus in the final appeals to Judge Greer. This was seen when Greer adamantly forbid the Department of Children and Families to take Terri Schiavo and protect her when credible evidence that she was being abused was revealed. It was also seen in the judge giving a similar strongly worded order to the governor. This was mimicked in a very revealing way by the taunting comments of Michael Schiavo’s attorney, George Felos when he said, “The governor has no power… no more than a person walking down the street.”
And so the battle lines are drawn. It is easy to see why this is the paramount issue of our time and why the Senate needs to stop the fraudulent so-called ‘filibuster’ of the leftist Democrats trying to obstruct well qualified judicial appointments the President wants to make. And I hope this is further incentive for President Bush to be even more careful with the people he selects for judicial appointments picking those that understand our Constitution and believe in it, along with an understanding of the proper role of the judiciary.
The battle is on. It will be a Herculean battle. The judiciary and the Left like having the final say and like to position themselves as the final authority. We need to get behind the Republican Senate and the President as both seek to put an end to the tyranny of the judiciary. We’ve lost one of our warriors, Terri Schiavo. Let’s not let her die in vain. You could be next.
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