I am not a lawyer. These are my opinions and no one elses.
Insert disclaimer here.
As I sat down last night to read the US Supreme Court's
decision, I became sore afraid. It was as if I was staring
into the hissing mouth of the Great Serpent. A serpent intent
on squeezing the life out of every living thing. But I
digress.
In a
62 page opinion
(link to PDF of 546 US ___ 2006 ), the US Supreme Court
struck down yesterday an attempt by the Federal government to
invalidate the state of Oregon's physician assisted suicide
law.
In a curious use of existing regulations, the Executive
Branch sought to bypass Congress and, in effect, create laws
that would ban the state of Oregon from using controlled
substances to carry out the wishes of certain terminally ill
patients.
Whether you agree with physician assisted suicide or don't
is not the point. Rather, do you believe in checks and
balances? Do you believe that no one, including the Executive
Branch, is above the law? Do you believe in the Constitution?
Do you believe in a form of government in which the ultimate
power resides with the people, not the government?
Ultimately, this is what was at stake here.
In building it's case against the Attorney General, the
Court found that "A rule must be promulgated pursuant to
authority Congress has delegated to the official." That is,
the Executive Branch cannot legally create or exercise powers
that Congress has not specifically delegated to it. Hence,
when the Executive Branch sought to create, seemingly out of
thin air, the power to jail physicians who were carrying out
the legal wishes of their patients, the Court correctly held,
in my opinion, this taking of power illegal.
In an almost chilling foretelling of recent acts by this
Executive Branch, the Court found that "The federal-law
factor requires the Attorney General to decide '[c]ompliance'
with the law but does not suggest that he may decide what the
law is." Here the Court slapped the Attorney General for
attempting to make the case that the Executive Branch, not
the Judiciary, is charged with determining what laws
mean.
It is amazing to me just how brazen this Administration
is. As far as I can see, this President, and his appointees,
see no limit to their powers. These people apparently feel
they are omnipotent and perfect in their understanding of the
law because only they can judge its meaning. To suggest
otherwise, in the eyes of this Administration, is to be
unpatriotic because, by definition, they
are
omnipotent and perfect.
If that wasn't bad enough, the federal government sought
to expand its dominion over the states by preempting and
interfering with the state of Oregon's ability to manage its
own affairs and ultimately, entering into the physician's
office itself and intruding with the physician - patient
relationship. "The Government, in the end, maintains that the
prescription requirement delegates to a single Executive
officer the power to effect a radical shift of authority from
the States to the Federal Government to define general
standards of medical practice in every locality." How this
radical attempted expansion of federal powers is squared with
Republicans who say the best government is the least
government is not clear to me.
What seems to be clear is the present administration will
continue to attempt to get its way, regardless of what
Congress has stipulated and regardless of what the
Constitution grants. If Congress does not go along with
proposed legislation, then the Executive Branch will simply
ignore Congress and illegally do want it wants,
regardless.
What seems to be clear is the present administration will
continue to try to expand its powers as long as no one is
willing to stop it (which Justices Scalia, Thomas, and newly
appointed Chief Justice Roberts are more than willing to let
the Executive Branch do what it wants without limits).
Although the Court has ruled against the Executive Branch
in this case, it is just a matter of time before enough
fellow traveling judges are appointed to the Court. On that
sad day, the transformation to the Dark Side will be
complete. Woe be unto those who are alive to see the sunset
of our freedoms.
Aloha!