I used to find really different "takes" on current events here. But this is getting irritating. SO needs to add another black band I think. I am
a lazy
person and dont like working enough to provide the "different" take, except most boards I have seen tonight are beginning to look like this topic
development.
So irritated that I will throw something out and see if it sticks. References as required.
For those that feel that Congress cannot do this special law stuff, have a read of The US Constitution, Article II, Section 2. Quote:
Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall
have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,
"with such Exceptions, and under such Regulations as the Congress shall make. "
There, that should have filtered all the dancing bananas. Anyone still here ? Ok, ignore the right-to-life issue, the public appeals, the he said -
she said media drama. Congress is in session
tonight. Ignore the politics. Is there ANY other possible reason for this level of attention?
I submit that there is a Sea Change in law going on that is happening on a level beyond the
general public, and the legal orientation of Congress means they are aware but politics prohibits direct public disclosure. Most people would either
fall asleep or change the channel
anyway.
Simply put, our rule of law as you put it, can be categorized in modern terms as Criminal and Civil Law. This law evolves over time by precedants. A
monstrous change is very bad.
The Schiavo case looks to be a Sea Change. In Civil Law, neither side is treated as a criminal and damages awards may involve restitution but NEVER
personal, criminal penalty.
I.E. without malice. In Criminal Law, (with malice) convictions carry personal, criminal penalty. While the penalties for criminal convictions
continue to erode, we can note that personal penalties are being sneaked into Civil Law. So legally speaking, we have the Schiavo precedant, in CIVIL
Law, with a peanut judge ordering THE DEATH SENTENCE of a Citizen without
Miranda rights, trial by jury, etc.. in the Bill Of Rights. Ignore the living will stuff, there aint one, so the precedant will be to grant a
non-constitutional power to Civil Law Judges in a
town near you. Yes, I know, the Roe Vs Wade thingy could be said to have already done that, but it is well disguised behind the facade of the
definition of life. Legally therefore
and to borrow a phrase from one of Gazrok's posts, a fetus isnt even "talking meat". And neither is Terri, she is, I keep hearing, in a
"vegitative" state. Next will be the infirm ?
Elderly ? Those who gleefully deny ignorance to avoid acknowledgment and correction of same ?
References:
www.law.cornell.edu...
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand,
involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while
in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil
case may only have to give up property or pay money, but are not incarcerated.
en.wikipedia.org...
Unlike criminal law, Civil law regulates relationships amongst persons and organizations. Civil law, in this sense, is usually referring to redress to
civil law courts (as opposed to criminal courts) and is often used as a means to resolve disputes involving accidents (torts such as negligence),
libel and other intentional torts, contract disputes, the probate of wills, and trusts, and any other private matters that can be resolved between
private parties. Violations of civil law are considered to be torts or breaches of contract, rather than crimes.
Guess:
nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
And the dancing bananas sing in chorus : "The Patriot Act is Bad but we love Judge Greer"
