Political Commentary and Current Events

Monday, March 28, 2005

Is Congress Overstepping Its Bounds?

Much has been said about congress "overstepping its bounds" in the Shiavo case. I'm not persuaded. Perhaps, as some have argued, it's a bad idea to make laws from specific cases. But as far as overstepping ones bounds, isn't congress supposed to write laws? Isn't this completely within their bounds?

Some have argued that Republicans believe congress should stay out of the American peoples' personal lives, and that in the Shiavo case Republicans are being hypocritical. But that's really more of a Libertarian principle. Republicans have always sided with life; As the President says lets "err on the side of life." (I actually prefer he say "if we are to err, we should err on the side of life." Since I don't think we're erring at all, I think Republicans have it right in this case. I hope that's not too pedantic of me). Still what laws do we have that don't affect our personal lives? Inevitably, laws affect the personal lives of some people. How far those laws go, and what areas of our lives they affect are all questions to be debated. The "stay out of our personal lives" mantra, however, is a meaningless argument.

Others say Republicans have betrayed their federalist principles -- that is, by taking a case that was in state jurisdiction, and giving it standing in federal court they've slighted states' rights. This argument has more merit, though I don't find it particularly persuasive. "Protecting life" is higher than federalism in the conservative principle hierarchy. Certainly the due process (specifically on the federal level) that's afforded a convicted murder should also be afforded an innocent helpless woman.

Probably the most insulting argument is that we conservatives, who supposedly believe in the "sanctity of marriage," are now undermining ourselves as we come out against Michael Shiavo's right to choose for his incapacitated wife. If preventing your wife from getting proper diagnosis, and starving her to death is part of the "sanctity of marriage" (which I don't think it is) then, no I don't believe in it. Is beating your wife ok because of the sanctity of marriage?

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