Tuesday, January 17, 2006

A CRACK IN THE MONOLITH

FoxNews leads this morning with the breaking news:

“Supreme Court Backs Oregon Assisted-Suicide Law”

http://www.foxnews.com/story/0,2933,181881,00.html

A proper decision, I think.

Conservatives, please note: 6-3. Alito on the court wouldn’t have mattered. O’Connor voted with the majority, but even if you assume Alito wouldn’t, that’s 5-4…

At issue was whether or not the Federal State could prosecute Oregon physicians under Federal drug laws for prescribing lethal doses of drugs to terminally-ill patients. After all, lethal injections are a government monopoly…

And as a bonus, former Attorney General Ashcroft got chewed out for evading the intent of the Federal Statutes…

The Tenth Amendment of my copy of the Constitution, which is obviously not the same one the Supreme Court uses, states “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.”

Yet for over a hundred years, moralizing fanatics have convinced lawmakers and law judgers to ignore that in favor of  a single line from Article 1, section 8: [Congress shall have the power] ”To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Arguing no man is an island, this has been used as the basis for all kinds of busybody nonsense, including most of the laws that first handed the AMA a monopoly and later defacto regulated the same. Lost entirely was the right of the individual to make purely personal choices – a right clearly intended by the Tenth Amendment. People today don’t have “medical rights.” Any protections or entitlements recognized are accorded to people only through the intercession of some damned priest of the church of the AMA. And even that has been attacked.

At least this decision represents a check on the juggernaut. And that’s a good thing.

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