Misc. Ramblings

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!