Terry Schiavo and the proper role of government
I teach American national government as an adjunct at a local community college. Tonight, I wanted them to work through the Terri Schiavo case so they could tease out the important questions that were being raised.
The Congressional Republicans and the President are framing the debate in terms of the right to life. The President has said, and I must say that I agree (all other things being equal), that in matters of such complexity as the Schiavo case we should err on the side of life.
This question of life provided rich material for part of our discussion. What characterizes life? What level of life is necessary before one can be presumed to possess rights? Is our conscious ability to appreciate rights a necessary precondition to either our exercise of them, or their protection for us by someone else? These are not easy questions, and frankly the amount of information that we are receiving from the media does little to prepare us for the national debate on this issue that the President seems to desire.
Another fundamental question is whether Terri Schiavo’s case is one that is appropriate for federal review? There is precious little, at first blush, in the Constitution that would lead one to believe that the federal government is empowered to overrule the state in issues such as these. Where is the federal question? I do not see it. Making this a state issue is much easier. The state’s police power comes into play, which power is understood to be:
Public safety, public health, morality, peace and quiet, law and order - these are some of the more conspicuous examples of the traditional application of the police power to municipal affairs. Yet they merely illustrate the scope of the power and do not delimit it (see BERMAN v. PARKER, 348 U.S. 26 (1954)).
Florida is in the best position to deal in law with the Schiavo case. Good and noble intentions notwithstanding of the Congress, Florida should remain the only entity to deal with the case. Otherwise, we must all be willing to accept a federal incursion into yet another aspect of our lives.
As always, information is our friend, and can help us understand at least the circumstances, if not arrive at an answer to vexing questions. An excellent resource for information about the Schiavo case is the Abstract Appeal blog by Matt Conigliaro.
