How Terri Schiavo Was Deprived Of Due Process Of Law
The rights of Terri Schiavo were violated by the governments of Florida and of the United States as they tried her as property to be fought over instead of as a human being with rights of her own.
First the law Florida put in place that allows a human being to be killed by the intentional withdrawal of medical care is unconstitutional. This is because Fourteenth Amendment clearly states “nor shall any state deprive any person of life, liberty, or property, without due process of law” and Terri never received her due process as treated like property who’s ownership was disputed and not as a person who had the right to life. I believe this was the point Congress and President Bush tried to make in passing the law for her benefit. They had the power to do so according to section 5 of the Fourteenth Amendment which states “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
I could point to due process as it is outlined in the Fifth and Sixth Amendment of the U.S. Constitution but in truth those Amendments are clearly meant only to limit the Federal government. Florida has its own constitution and its own due process of law and that is what Terri was entitled to and did not receive.
Since Terri was treated as property instead of as a person her fate was dependent on the will of the one who legally “owned” her and that was her husband. For the Florida law that unjustly executed Terri to be legal then a process just like that for a person accused of any other capital offense in the state of Florida would have to be allowed though their offense would be a medical condition and not a criminal offense.
The question I ask in parting is should we as Americans call on the government to honor the U.S. Constitution or should we allow the randomness of politics wash us too and fro committing atrocities as we go.
First the law Florida put in place that allows a human being to be killed by the intentional withdrawal of medical care is unconstitutional. This is because Fourteenth Amendment clearly states “nor shall any state deprive any person of life, liberty, or property, without due process of law” and Terri never received her due process as treated like property who’s ownership was disputed and not as a person who had the right to life. I believe this was the point Congress and President Bush tried to make in passing the law for her benefit. They had the power to do so according to section 5 of the Fourteenth Amendment which states “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
I could point to due process as it is outlined in the Fifth and Sixth Amendment of the U.S. Constitution but in truth those Amendments are clearly meant only to limit the Federal government. Florida has its own constitution and its own due process of law and that is what Terri was entitled to and did not receive.
Since Terri was treated as property instead of as a person her fate was dependent on the will of the one who legally “owned” her and that was her husband. For the Florida law that unjustly executed Terri to be legal then a process just like that for a person accused of any other capital offense in the state of Florida would have to be allowed though their offense would be a medical condition and not a criminal offense.
The question I ask in parting is should we as Americans call on the government to honor the U.S. Constitution or should we allow the randomness of politics wash us too and fro committing atrocities as we go.
posted by Kerwin | 9:54 PM
2 Comments:
Terry Schiavo's case is one that pisses me off to no end. The fact that people feel they can determine that someone else's life is not worth living bothers me.
I have to agree as to say otherwise would be to say a paraplegic or other disabled person has less of a right to life than I do.
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