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March 25, 2005
Runaway Judiciary
The Schiavo case may have some unintended consequences for the federal judiciary.
Conservatives inside and outside Congress are vowing a showdown with the federal judiciary over the Terri Schiavo case, as Republicans say courts at all levels have flouted congressional subpoenas and legislative intent that her feeding tube be reinserted pending a final decision in the case.
"They have defied federal law. And this confrontation now is the confrontation between the Constitution, the Founding Fathers, the will of the people and the judicial branch of government," said Rep. Steve King, Iowa Republican. "Constitutional authority will either be imposed upon the judicial branch of government, or we might as well board up the Capitol and turn this country over to the whims of the judges."
This fight has been simmering for some time. The federal judiciary has shown an increasing tendency to legislate from the bench, pulling numerous 'rights' from their magical penumbra hat. BTW, I believe this is an inevitable result of the post-modern/deconstructionist movement. Once you start reading things into text instead of interpreting it, you can find justification for anything. Just look at, for example, the expansion of the 'right' to privacy into the 'right' to abortion.
The federal judiciary may get its collective knuckles rapped after the Schiavo case. After all, Congress does have the constitutional power to 'ordain and establish', and presumably dis-establish, the federal court system. (Art. III, Sect. 1) It would be extraordinarily difficult to find a penumbra which would make Congress' power to limit the federal courts' jurisdiction unconstitutional, I suspect....though I'm sure some will try.
It's seldom advisible to start a pissing contest with a water hose.
Posted by Rita at March 25, 2005 05:51 AM