|
It has been called many things: "judicial murder," "medical
terrorism" and "modern-day crucifixion" (Time April 4, 2005). James
Dobson of Focus on the Family even described it as a "cold-blooded,
cold-hearted extermination" (The New York Times April 1, 2005).
However, there is more to the controversy of Terri Schiavo than her
death alone.
No matter how you feel about the court's decision regarding
Schiavo, Congress' contentious involvement cannot be ignored.
Congress' decision to intervene over the court's decision shows
the disintegration of the separation of powers set up in the United
States government and the extremism that has formed from political
parties becoming the voice for their religious constituencies.
The court's decision over Schiavo isn't a new and recent
occurrence; the court battles have been going on since 1990, when
Schiavo's husband Michael was first appointed her guardian. After a
falling out with Terri's parents, Robert and Mary Schindler, in
1993, several court battles ensued over Terri's life beginning in
1998 when Michael first petitioned to have her feeding tube
removed.
This led to a series of court decisions: In 2000 Judge George
Greer ruled that Schiavo would not want to live and ordered her
feeding tube removed, but the action was stayed to allow the
Schindlers to appeal. The U.S. Supreme Court repeatedly denied the
Schindler's appeal to bring the case to federal courts. Florida
passed legislation known as "Terri's Law" to allow the governor to
overrule the court's decision and have Schiavo's tube reinserted in
2003, but that law was later ruled unconstitutional.
The court's earlier persistence in keeping the Schiavo case out
of federal courts was based on an understanding of the separation
of judicial and legislative powers as defined in the Constitution
and the belief that the federal government should not encroach on
state and individual rights.
Senator Dianne Feinstein, Democrat of California, stated that
she believed "very strongly that the federal government should not
be imposing its will in situations better left to individuals,
families and the states" (New York Times).
As citizens of the United States, we are granted freedoms under
the Constitution, freedoms that include the right to "life, liberty
and the pursuit of happiness." These freedoms are granted to us,
and it is up to us to choose whether to take them or not. If we
decide that we don't want to continue our life because we are in a
persistent vegetative state or have to rely on medical technology
to survive, than we have a right to that decision.
Was Terri happy? Did she want to live? Did her guardian really
know what she wanted? These questions will never be answered. It
may be cloudy, but despite the uncertainty surrounding the
complexity of the Schiavo case, the issue at heart remains centered
on individual rights and the separation of powers.
According to polls in Time, 75 percent said it was not right for
Congress to intervene. Furthermore, 65 percent thought that
Congress and the President's actions had more to do with politics
than values, which may have had been influenced by the president's
suspiciously visible role in when he cut short his Easter rest at
the ranch for the first time to fly to Congress to sign a bill he
could have approved from home.
Representative Christopher Shays, one of the only five House
Republicans to vote against the so-called "Terri Bill," declared
that "this Republican Party of Lincoln has become a party of
theocracy" (Time).
By acting as the representative for Christianity, President Bush
and his followers in Congress have created a schism in U.S.
politics that has led to the polarizing of political parties.
Moderates have become increasingly rare as the debate over religion
and politics gets more and more heated over symbolic issues such as
Schiavo.
Schiavo has become the launch pad for the battle over abortion,
stem cell research, the right-to-die movement, and judicial
activism, not to mention the role religion should play in
politics.
Representative Tom DeLay commented that indeed the issue is not
just Schiavo, but that it is just one of many "attacks against the
conservative movement" (Time). This warlike mentality is dividing
the country.
Also consider that while, from one perspective, the country
appears fiercely divided, on he other hand it took cooperation from
several groups, which disagree on several key issues but somehow
managed to agree on the rights of the disabled, to bring Schiavo's
case into Congress (New York Times). The possibility of cooperation
between lobbying groups that can find common grounds can provide
staggering political power in issues in the future.
And it is just the beginning. As the time nears to appoint new
Supreme Court judges and as the religious right grows more powerful
and the political system continues to divide, we will find more and
more controversial and ground breaking events such as Terri Schiavo
arise. What will come next?
|