Friday, March 25, 2005

Sowell Says It So Well

In this pair of columns.

Here are some highlights:
People who say that the government has no business interfering in a private decision like removing Terri Schiavo's feeding tube somehow have no problem with a squad of policemen preventing her parents (or anyone else) from giving their daughter food or water.

Do those who want to keep the government out of private decisions think that the police are not the government? Do they think that the judges who authorized this are not the government?


Terri Schiavo is being killed because she is inconvenient to her husband and because she is inconvenient to those who do not want the idea of the sanctity of life to be strengthened and become an impediment to abortion. Nor do they want the supremacy of judges to be challenged, when judges are the liberals' last refuge.


Liberals can count all the judges they want, but that does not mean that all these judges agreed with the merits of the original court's decision. It means that they found no basis for saying that the original court's decision was illegal.


These federal judges could have ordered the feeding tube restored while they gave this issue the thorough examination authorized -- and indeed prescribed -- by the recent Congressional legislation.

As dissenting Judge Charles Wilson of the 11th Circuit Court of Appeals put it, the "entire purpose of the statute" is to let federal courts look at the case "with a fresh pair of eyes." But, by the Circuit Court's decision, "we virtually guarantee" that the merits of the case "will never be litigated in a federal court" because Terri Schiavo will be dead. Never -- regardless of how many judges are counted as talking points.


The liberal line, both in politics and in the media, is that Congress somehow behaved unconstitutionally. All federal courts except the Supreme Court are created by Congress. The Constitution itself gives Congress the authority to define or restrict the jurisdictions of federal courts, including the Supreme Court.

Is the Constitution unconstitutional?


The issue is not only whether Terri Schiavo should live or die, important as that is.

Another important issue is whether self-government in this country will live or die. Judges who ignore the laws passed by elected representatives are slowly but surely replacing democracy with judicial rule. Meanwhile, the media treat judges as sacrosanct and any criticism of them as almost blasphemy.

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