Is the Right for States' Rights?
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The most recent developments in the Terri Schiavo case reveal an unpleasant truth about conservatives' feelings on federalism: they're flip-floppers. States' rights and local control may be a crucial part of the rhetoric, but on tough issues, the principle always gives way. We saw it in Bush v. Gore, we saw it with support for an anti-marriage amendment, and now we are seeing this kind of manuevering carried to a ludicrous extreme.

Friday morning, after a Florida judge ordered Schiavo's feeding tube removed, the House Government Reform Committee went as far as issuing subpoenas to Schiavo and her family, and the Senate Health, Education, Labor and Pensions Committee invited them to testify. Senate Majority Leader Bill Frist then emphasized that it is a federal crime to interfere with an individual's Congressional testimony. The tube was removed nonetheless, according to the Florida judge's decision. Now, it seems likely that the House and Senate will pass, and President Bush will sign, legislation moving Schiavo's case into federal court, thus requiring the reinsertion of the feeding tube while the federal appeal is pending.

These unwarranted assertions of national power upset my own federalist sensibilities. I, like most Americans, am deeply committed to the rule of law-- I see it as what is most incredible about our nation and its history. When Congress takes sketchy actions such as these, which seem to undermine the very division of powers upon which our government is based, I get nervous.

This is not to say that federal power is always a bad thing, or that conservatives always have the wrong idea when they want the federal government to decide an issue. For example, I agree that marriage law ought to be federal. It makes no sense, in a time when state borders are so frequently crossed, that a couple could be married in one state and unrelated in another.

Is my outrage is just another example of a young idealist frustrated that pandering to the base trumps principle? Perhaps. But the issue at hand here is one of fact -- whether or not Terri Schiavo wanted to be alive and brain dead for decades -- and not one of politics -- whether the idea of keeping her alive is popular amongst the general public. When Congress takes it upon itself to intervene with the state's handling of such a deeply personal situation, I would hope all of us have enough idealism left to feel outraged.

Reader Comments

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:-)
By Pragmaddict Mar 20th 2005 at 3:30 am EST
Welcome back, Rachel, we certainly missed your
writing.

Though I must say, I wonder why you are posting at
1:34am on a Saturday night. You should certainly
be out having fun :-)

I look forward to more of your insight soon!
Well well
By RachelGoodman Mar 20th 2005 at 11:31 am EST
Thanks for your concern, Tahir, but I assure you I had enough fun over break to carry me through the work-filled weeks ahead. Also, you know, sometimes at the end of a fun night, all you really want to do is come home and blog. Right, guys? Right?
Blogging as cathartic; cultures of life and death
By jg Mar 20th 2005 at 4:21 pm EST
Yes. Blogging is the perfect end to a night out-
sometimes in a cathartic sort of way, depending on
what happened when you were out.

As for the question of Ms. Schiavo, Rachel, the
right-wing hypocrisy over federalism is an
important part of their larger hypocrisy on this
issue. The other part, I think, concerns their
argument about preserving Ms. Schiavo's life
because America should promote a 'culture of
life.' Here's what our boy Tommy (DeLay) said
yesterday: "We should investigate every avenue
before we take the life of a living human being.
That is the very least we can do"
(http://www.nytimes.com/2005/03/20/politics/20cnd-
debate.html?hp&ex=1111381200&en=5bedbf8458
898fea&ei=5094&partner=homepage).
My question for all these conservatives is: what
were you doing when the Supreme Court ruled just a
few weeks ago that executing kids in the US is
unconstitutional? What was going on with the
culture of 'life and compassion' that you're
trumpeting now?

Frankly, it was nonexistent. In fact,
conservatives argued that executing children was
perfectly within the 'Judeo-Christian system of
ethics at the heart of American democracy' (David
Limbaugh- yes, Rush's brother-, I'm paraphrasing
you:
http://www.townhall.com/columnists/davidlimbaugh/d
l20050304.shtml). Then-Governor was willing to
take the life of tons of prisoners on Texas' death
row, even though their were some serious questions
about how well the justice system had treated
them- that's not really "investigat[ing] every
avenue before we take the life of a living human
being." That's because for the right-wing, the
'culture of life' only matters when it's
politically convenient, like with Schiavo.
Republicans plan to politicize Schiavo
By jg Mar 20th 2005 at 4:29 pm EST
Just sickening. Do see: http://www.dailykos.com/story/2005/3/20/151626/707 .
Well
By Pragmaddict Mar 20th 2005 at 11:06 pm EST
If you hadn't noticed, I commented on your post at
3:30am on a Saturday night. Hmmmm..

But also on the subject of Shiavo, Digby has
another outline of this whole
ridiculousness.(http://digbysblog.blogspot.com/200
5_03_20_digbysblog_archive.html#111134934659869241
) I've got a post on the subject in draft right
now but on the way soon as well.

P.S.--I feel like we should be able to link in
comments as well. Webmaster?
  
Yes, but...
By Boo Radley Mar 21st 2005 at 4:35 am EST
While I agree about the right-wing hypocrisy, I feel that Terri Schiavo should be kept alive because of my same principles that cause my objection to the death penalty.
Out of curiosity
By jg Mar 21st 2005 at 8:49 am EST
what are these principles? I'm curious as to your argument.
Ah, I see your diary.
By jg Mar 21st 2005 at 8:50 am EST
Okay, I'll go there.
But then again ...
By KevinCollins Mar 21st 2005 at 12:43 pm EST
I understand the public support for keeping Terri
Schiavo alive as well -- it is hard to watch a
woman starve to death, and life is surely a
precious thing. However, I think there are three
important things to remember when considering how
best to apply these principles.

First, the video that we have all seen
misrepresents her actual condition. She seems
almost conscious in the video, which is probably
why the only medical experts who have reported on
her condition positively are those who only
evaluated her condition via video tape. Every
expert -- from her husband's to her parents' to
the court's -- who diagnosed her in person
determined that she was in a permanent vegetative
state. While this is different from a terminal
diagnosis, she will never regain actual
consciousness -- the damage to her brain is simply
too great.

Second, Terri Schiavo did not want to be kept
alive in a permanent vegetative state. This was
the determiniation of the Florida courts after
interviewing not only her husband but also her
other family members. Apparently she had expressed
this sentiment at funerals of family members.
Terri Schiavo is therefore being treated against
her will, something that I at least believe is
wrong.

Third, while this is a tragic case to be certain,
the Federal Government has no grounds for being
involved. It does not deal with an interstate
matter nor any other matter under the purvue of
the Federal Government under the Constitution. It
is not just right-wing hypocrisy, it is a serious
overreaching of government power that sets a
dangerous precedent. We can debate whether it
would be best to keep Terri Schiavo alive or not,
but frankly that was an issue settled by the state
courts.

This congressional action has little to do with
principle and quite a great deal to do with
politics. While I do not doubt that your
objections are principled, in this situation I
believe that the principle of constitutionalism
must take precedence.
But there isn't public support!
By RachelGoodman Mar 21st 2005 at 1:43 pm EST
We should note that this whole Congressional power grab becomes that much more inexplicable with today's ABCNews poll results: 63% of Americans think the tube should be removed, 60% think federal intervention is inappropriate, and a whopping 67% think Congress is getting involved for political advantage. Even among Evangelicals, 46% support the removal of the tube and only 44% oppose.

http://abcnews.go.com/images/Politics/978a1Schiavo .pdf
Well...
By Boo Radley Mar 21st 2005 at 8:13 pm EST
I've seen other polls that put the numbers much closer together. A CNN poll had about 46% that felt Terri should be kept alive. Regardless, this is not an issue for public opinion to dictate. Keep in mind the old epigram... if everyone else jumped off a bridge, does that make it the right thing to do?
I understand...
By Boo Radley Mar 21st 2005 at 8:07 pm EST
I agree that the federal government is getting involved for political advantage, but that doesn't mean that we should all be on the "kill Terri" bandwagon. Studies show that "persistent vegetative states" are misdiagnosed up to 40% of the time. There are people that have woken up from comatose states after twenty years.

Also, I agree with her parents: they have known Terri for her entire life and her husband only lived with her for five years. They probably know Terri better than he does. They are certainly willing to take care of Terri... they are willing for Mr. Schiavo to simply walk away from all responsibility as long as they can keep their daughter/sister alive.
Then again
By KevinCollins Mar 21st 2005 at 11:50 pm EST
There's a difference between a coma or a comatose
state and Terri Schiavo's condition. Her brain is
too physically damaged for her to recover, the
opinion of every doctor who has examined her in
person.

I have no doubt that her parents would like to
take care of her. But the fundamental question is
what Terri wanted, and she expressed repeatedly
before her brain damage that she did not want
life-sustaining care if she were in a permanent
vegetative state. This is the same as assisted
suicide, or as you put it, killing her. For
example, doctors are not delivering a lethal dose
of pain killers to end her life. Rather, they are
letting her injuries take their course and let her
die as she wanted.

This difference -- between removing
life-sustaining care and actively killing her --
is a critical ethicial distinction. Terri did not
want this care, and her wishes must override that
of any family members: husband, parents, siblings,
or others.
  
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