Are the federal government's hands tied by acts of the Florida judiciary in the Terri Schiavo case?
So it's often suggested. But there is ample precedent for federal intervention in states when civil rights are at stake.
The 10th article of the Constitution ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.") didn't keep John F. Kennedy from sending in the National Guard when segregationist Governor Ross Barnett refused James Meredith entry to Ole Miss.
Nor did it prevent Dwight Eisenhower from sending the 101st Airborn Division to Little Rock when Arkansas Governor Ross Faubus ordered out the National Guard to keep the Little Rock Nine from integrating Little Rock's Central High School.
In both cases, despite the fact that human lives were not directly at stake, modern era presidents sent in troops to uphold civil rights.
Why not Florida? Why not now, President Bush?
On what basis would you do so? What about on the basis of Article 5 of the U.S. Constitution?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Where is due process for Terri Schiavo? Michael Schiavo's had due process for over ten years. Terri's not had one minute of due process from the Florida courts, including its Supreme Court.
What about on the basis of Article 15, Section 1?
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Where is equal protection for Terri Schiavo--say, protection equal to that afforded a common murderer facing the death penalty in Florida?
What about Article 9's blanket reservation of unenumerated rights for the people of the Union?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Doesn't the Declaration of Independence's statement of certain inalienable rights, including "life, liberty and the pursuit of happiness" fall under this article?
What shred of the Bill of Rights is left when, by an act of judicial fiat, a husband can starve his abandoned, helpless wife to death?
I suspect President Lincoln would have found the use of federal troops within his powers in such a situation.
Send in the troops, President Bush. Such a modest act in defence of civil rights would land you smack in the midst of such companions as John F. Kennedy, Dwight Eisenhower and Abraham Lincoln.