Thursday, March 24, 2005

Why so Eager? Why so Anxious?

Peggy Noonan is a must-read today:
Why are they so committed to this woman's death?

They seem to have fallen half in love with death.

What does Terri Schiavo's life symbolize to them? What does the idea that she might continue to live suggest to them?

Why does this prospect so unnerve them? Again, if you think Terri Schiavo is a precious human gift of God, your passion is explicable. The passion of the pull-the-tube people is not.

I do not understand their certainty. I don't "know" that any degree of progress or healing is possible for Terri Schiavo; I only hope they are. We can't know, but we can "err on the side of life." How do the pro-death forces "know" there is no possibility of progress, healing, miracles? They seem to think they know. They seem to love the phrases they bandy about: "vegetative state," "brain dead," "liquefied cortex."

I do not understand why people who want to save the whales (so do I) find campaigns to save humans so much less arresting. I do not understand their lack of passion. But the save-the-whales people are somehow rarely the Stop stop-abortion-please people.

The PETA people, who say they are committed to ending cruelty to animals, seem disinterested in the fact of late-term abortion, which is a cruel procedure performed on a human.

I do not understand why the don't-drill-in-Alaska-and-destroy-its-prime-beauty people do not join forces with the don't-end-a-life-that-holds-within-it-beauty people.

I do not understand why those who want a freeze on all death penalty cases in order to review each of them in light of DNA testing--an act of justice and compassion toward those who have been found guilty of crimes in a court of law--are uninterested in giving every last chance and every last test to a woman whom no one has ever accused of anything.

There are passionate groups of women in America who decry spousal abuse, give beaten wives shelter, insist that a woman is not a husband's chattel. This is good work. Why are they not taking part in the fight for Terri Schiavo? Again, what explains their lack of passion on this? If Mrs. Schiavo dies, it will be because her husband, and only her husband, insists she wanted to, or would want to, or said she wanted to in a hypothetical conversation long ago. A thin reed on which to base the killing of a human being.
Read the whole thing.

Wednesday, March 23, 2005

On Terri Schiavo and Congress

Mark Levin writing at The Corner:
The right to live, or more specifically, the right not to be killed, is a fundamental right. And it's a right recognized in our founding document, the Declaration of Independence. So ingrained in our society is the notion of life, that the 8th Amendment prohibits "cruel and usual punishment" (even short of death) and the 14th Amendment prohibits states from depriving any person of life without due process of law. This has nothing to do with federalism, unless you ignore the 8th and 14th Amendments. (Unlike the Left, that contorts the 14th Amendment, I'm recognizing its literal meaning.)

What really offends the Left is Congress asserting its constitutional power over a court, and not in service to the liberal agenda. Article III specifically empowers Congress to determine the jurisdiction of the federal courts, which is all it did today. It authorized a federal court to determine whether Terri Schiavo's due process rights and the right not be subject to cruel and unusual punishment were properly protected by a state court. In Roe v. Wade, the Supreme Court decided on its own that abortion was a federal question, not to be left to the states, without any constitutional basis whatsoever. It preempted every state court and legislature (and Congress, for that matter). And the Left celebrates this decision.

As for why Congress is acting here, as opposed to any other case with overlapping issues, I suppose that question could be asked whenever Congress acts. The Schiavo case has risen to national attention. So, Congress is responding. That's how representative government works. The week after the Titanic sank, Congress held its first hearings to change U.S. maritime laws.

We must not allow the Left to define the terms of this debate. It is willing to make almost any argument to protect the supremacy of the courts. And even though Congress here is instructing the federal courts to review the case, the Left objects to any congressional exercise of constitutional authority over the judiciary. As Rep. Jim Moran (Dem, VA) said yesterday, "The judiciary has spoken."
"The right not to be killed." But not if your name is Terri Schiavo.