March 20, 2005
...as to have no constitutional control over each other.
Over two hundred years ago, a group of individuals authored a set of documents under the pen name Publius. I am referring, of course, to the Federalist Papers.
As journalized with unrelenting gaud, Terri Schiavo, a brain damaged invalid, has had her feeding tube removed by order of her husband, Michael. I spare you the commentary.
The existing situation it seems, even as congress is in session past midnight and the President awaits a bill to sign, has not gone unconsidered. Take, if you will, this excerpt from Federalist Paper number 82...
It was shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained. It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it. After discriminating, therefore, in theory, the several classes of power, as they may in their nature be legislative, executive, or judiciary, the next and most difficult task is to provide some practical security for each, against the invasion of the others."
So, the question eluded to here is whether congress and the President are allowing the encroaching nature of power to blur the lines between their respective branches, OR the system is working as intended, and the interactions between the legistaive, judicial, and executive branches are bringing the fate of Terri Schiavo to an ultimately proper conclusion.
Richard
Posted by Richard at March 20, 2005 8:45 PM
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