"That a question is important does not mean that it is constitutional. The Founding Fathers did not establish the United States as a democratic republic so that elected officials would decide trivia, while all great questions would be decided by the judiciary." From comments by Judge Arthur J. Kleinfeld, in the dissenting opinion in the 9th Circuit Court "right to die" case, Compassion in Dying vs.Washington, 79 F.3d at 857, 858.
Contrast these words with the opinion of the probate court judge in Florida, who ruled that Terri Schiavo would have wanted to die and not only ordered that her feeding tube be removed and artificial nutrition stopped, but forbade, on penalty of arrest, any natural feedings. The Washington Post reports that Judge George Greer does not believe that legislators are as qualified to make law as the duly elected representatives of the people.
2 comments:
Formally, the roles are clear. Legislators create general laws. Judges apply the laws in individual cases. They decide according only to the law, not their own views. So, in this case... legislators do *not* have the power to decide the case of one individual. They do have the power to set general policy.
Reality bares little resemblence to this though. There is some blending, because people are imperfect. The legislators like to earn votes by being seen to do something. The judiciary cannot - and no human can - issue absolutly impartial decisions. And so, when the nominations for the higher court come up...
Well, what we have is a situation where each of the political factions tries to get judges sympathetic to their own valies put into place, while also claiming that judges are supposed to be without political affiliation.
Here in the US, we have a different system than in the UK.
Our legislators recognize the rights of the individual and that there is no legitimate government at all that does not secure those rights of the individual, individually. (That Declaration of Indepenced idea."
Legislators frequently make laws pertaining to individuals. One particular example is when they act on visas for those from other countries who need sanctuary.
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