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Terry Schiavo |
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DBibeau855
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IIIIIMMMMM BAAACCCKKK Joined: 26 November 2002 Location: United States Status: Offline Points: 11662 |
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Posted: 25 March 2005 at 8:37pm |
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Wrong. The courts cannot enforce anything. They have neither the power of sword(enforcement) nor the power of the purse(levy taxes) Their position is mere judgment. It was FDR that said i think. "The supreme court has made their decision, now lets see them enforce it." |
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Clark Kent
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Joined: 02 July 2004 Location: United States Status: Offline Points: 8716 |
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Posted: 25 March 2005 at 9:56pm |
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Ah, yes. Technically you are correct. It is the Sheriff/police (executive branch) that enforces the law. But it is the court (judicial branch) that decides what is to be enforced. The legislature creates the law, the judiciary explains how to apply it, and the executive pulls the trigger. I was using "enforce" in a more colloquial sense, but you are certainly correct. In this context, however, I suspect that this is a non-distinction. :) |
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DBibeau855
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Posted: 25 March 2005 at 10:27pm |
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True, there really is no distiction between enforcing and judging in todays courts. Im not sure if that is for the best, or worst thogh.
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Dune
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Posted: 25 March 2005 at 10:56pm |
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The court's ability to review and overturn legislations is a complete neccessity. The judicial branch, although techniqually not able to create laws, has been given the power of judicial discretion, which is incredibly important. Without judicial discretion, we wouldn't have things like the exclusionary rule, miranda warnings, and right to an attorney. I find that the judicial branch might be the only branch with our best interests in mind.
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Knight of Fire
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Joined: 31 May 2003 Location: United States Status: Offline Points: 593 |
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Posted: 26 March 2005 at 1:51pm |
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Also aparently the courts when they gave the husband the right to pull the tube out forgot to mention something.
The court order alowed the removel of the tube, not the withholding of food or water. And the family of Terri actully tried feeding her normally with out the tube and it worked. The husband and his lawyers excuse why they won't try feeding her normally. "she might choke and die" her it is in Myth and fact form: MYTH: Removal of food was both legal and court-ordered. FACT: The courts had only allowed removal of Terri's feeding tube, not regular food and water. Terri's husband illegally ordered this. The law only allows the removal of "life-prolonging procedures," not regular food and water: Florida Statute 765.309 Mercy killing or euthanasia not authorized; suicide distinguished. Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying Translation of last line: by natural process, they mean by things like Death of old age and the like......not starving someone to death Edited by Knight of Fire |
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Team Wardog -team captain
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DBibeau855
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Posted: 26 March 2005 at 5:32pm |
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It doesnt really matter, she only has a couple hours to live. Her will is done.
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