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The Schiavo precedent . . . A wake-up call

By Charles W. Heckman ©2005

The developments in the Terry Schiavo case clearly show how the black-robed oligarchy sticks together in defending its dictatorial powers. These events are harbingers of the ultimate encroachment on our right to life. For the first time we are confronted by a situation in which one judge is permitted to arbitrarily and capriciously deny a person, innocent of any crime, the basic needs required to sustain life.

   In America, society has been governed by rules codified in written law or established as precedent by court decisions. In recent years, the latter way has eclipsed the former. We are now seeing a precedent set that will impact the lives of all of us.

   Who else will the Schiavo precedent impact? Every stroke victim is a potential object of starvation on the orders of one judge. All stroke victims have parts of their brain damaged to some extent, and under the Schiavo precedent, they could be denied food and water until they are dead.  How about unconscious victims of auto accidents? Naturally, a judge could order hospitals to give them no water or nourishment until they are dead, as well. The savings to insurance companies would be immense. How about the elderly? Virtually every person in nursing care could be starved.  This would also save incalculable amounts of money required to prolong the lives of people who have outlived their “usefulness.”

It might be well to consider the savings on the care of wounded veterans from Iraq and Afghanistan who come back in a condition requiring extensive care and rehabilitation. A few days without food or water and the problem would be solved. It only costs a few dollars to carve the name of a fallen hero on a marble war, but it takes vast amounts of money to rehabilitate the wounded.  Most judges feel no sympathy for veterans. Very few of them have been willing to serve in uniform, and most of those who have, spent their time in the safety of some JAG office thousands of miles from the sound of the shooting. Would they value the perceived fiscal good of society more than the lives of people they do not even know by holding down the high costs of expensive rehabilitation?

   The precedent could also be expanded in future to people who are not physically incapacitated.  We have a precedent from ancient China, where certain people found guilty of crimes, such as criticizing the emperor, had a large wooden plate locked around the neck.  The device consisted of two pieces of wood hinged together and locked in the front.  A center hole had just enough space for the neck to pass through, and the plate was too wide for the hands to reach around it to the mouth. The victim placed in such a device had no way of getting food or drink to the mouth, so that he would need another person to feed him or starve. Usually, a sign was placed on the victim stating the crime he was supposed to have committed and the order that nobody was permitted to feed him under penalty of death.

   While slowly starving, the victim was free to walk the streets, thereby acting as a living deterrent to the crime of which he had been convicted. People could watch him slowly starve, and anyone feeling pity was deterred from providing any help for fear of suffering the wrath of the State. Such punishments considerably increased the awe and fear that ordinary people felt when confronting the authority of the magistrate.

   Wouldn’t this be a great way to get rid of all those annoying homeless people? City administrations are already insisting that locks be put on dumpsters to keep destitute people from finding food in their cities. Maybe if our courts would fine and imprison people who give or sell food to the homeless, a final solution to homelessness might be found.

   How about our prison populations? Since deliberate starvation is no longer considered capital punishment by our courts, the simple expedient of prohibiting the delivery of food and drink to our prisons could do wonders to reduce the number of criminals living at State expense. Whole penitentiaries could be made vacant in a few weeks’ time and then used for new inmates.

   Are these visions of the future far fetched? Once the nose of the camel is in the tent, there is no logical reason why the whole beast cannot enter. We already have testimony by an exalted Princeton professor that it should be legal to kill infants until they have reached an arbitrarily established degree of consciousness. What cleaner way to get rid of unwanted babies than by making it illegal to feed them. Many of us have heard the Harvard law professor on television assuring us that if Terry Schiavo is allowed to live, our whole judicial system will be destroyed. In his opinion, any questioning of the absolute lawgiving power of Federal judges by elected officials is a danger to all things American.

   We are now at a crossroads. Do we allow the psychopaths and crackpots who have entrenched themselves in the universities and law schools to impose their concept of enlightened totalitarianism on all of us, or do we finally take a closer look at what they are saying and change our laws to take absolute power out of their hands and the hands of their former students, who are now wearing black robes. A good start would be to stop giving Federal money to colleges and universities that employ intellectual discrimination against students and other professors expressing ideas contradicting the radical dogma preached by the majority of the professors.  No First Amendment, no Federal money!  Another way would be to eliminate laws requiring that lawyers be graduates of “approved” law schools. If someone can learn enough law to pass a stringent bar exam, he should be qualified to practice law. The determination by crackpot law professors that his ideas are “politically correct” should not play a role in determining suitability for practicing law.

   Aristotle stated that once an oligarchy has established itself, it is impossible to get rid of it.  If we want to survive as anything other than slaves to be killed at the whim of the master, we had better find a way to prove Aristotle wrong.


Also see: A Comparison of  “An Act for the Relief of the Parents of Theresa Marie Schiavo”with existing law under 28 U.S.C. §1343 and 42 U.S.C. §1983 -- By: Charles E. Lincoln

Charles W. Heckman, Dr. Sci., habil., Professor, researcher, lecturer, speaker, writer, Washington State coordinator for the Veterans’ Voting Bloc, Member of the Board of Directors of A Matter of Justice Coalition, presently producing a series of at least 10 volumes for identifying South American aquatic insects to species. Three of the volumes have already been published.

Other Articles by Charles W. Heckman:

Comments on the Ninth Circuit pro se Task Force Report

Is life a right or is it a privilege granted by the government?

 

"You seem...to consider the judges as the ultimate arbiters of all Constitutional questions: a very dangerous doctrine indeed, and one, which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. ...And their power (is) the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots."  --Thomas Jefferson --

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Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.

--Patrick Henry--

 

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INAUGURATED ON: March 25, 2005