COLUMN: Government right to remain limited, constrained
Terri Schiavo has passed away. The circumstances surrounding her death are awful and complex to say the least and these issues have divided the country like only a recent presidential election could. Why are Americans divided? Should Terri been able to live? Or should her husband have had the right to pull her feeding tube? These are the questions that have come to everyone’s mind. These issues are relevant because each of us can see ourselves having to deal with these complex issues in the future. I, at least, can see the logic and understand the feelings of both sides. I may not agree with one, but discussing that is moot at this point and not my intent here.
I admit I have little in way of an answer to any of these questions. What I do have however, is an observation that in my estimation is more alarming then Schiavo’s situation. It is truly awful that Schiavo’s legacy will not be remembered as an example of why legal communication (Living Wills) should be made; rather it will serve as yet another great example of how congress has forgotten the Constitution.
When congress came back over the weekend to pass legislation that would save Terri’s life they crossed a threshold they have been crossing for years, that threshold is where the Constitution ends and tyranny begins. They undertook to save Terri’s life with power that was not given to them.
Article I section 8 of the U.S. Constitution designates 22 powers that congress has. These powers are distinct from those defined in Article II, the executive’s power, as well as those in Article III, the judiciary’s power. The Constitution goes in Amendment 10 to say, “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.”
There is no enumerated power in Article I, section 8 that gives Congress the power to save people like Terri. The state is the only entity that has that power, and if they do not have a law already on the books, the right is left to the people; in this case Terri’s contractual partner: her husband.
I understand that this sounds heartless, it is. The law, the fundamental building block of civilized society, is just that. What the Constitution did was set up a final, supreme authority. It is responsible for the powers and rights that exist. It is the foundation for our society. And as such it is no respecter of persons. The law is blind and objective. This allows for the only kind of equality that can exist, equality before the law.
The Constitution is our societal contractual agreement with each other. It is the agreement that we follow to live with each other. It created basic rules of behavior that we all had to abide by as well as modes of enforcement. Simply put, it is the ONLY reason our society exists.
If we as a people do as we have, and continue to stand apathetically by and complacently allow Congress, the Judiciary and the Executive to take powers not enumerated in the Constitution, then the rule of law, the foundation of our country, will be void.
Notice I did not say crumble away, I specifically said void. The rule of law is only valid if and only if it is respected and upheld by the people. Like any other contractual arrangement if one party breaks its side of the agreement the other side is not held to its obligation under the contract. For example, if you are under contract to buy a house and the builder does not build it, he cannot claim right to the amount you would have paid him under the contract if he had delivered the house. Although this is a simple example, it is relevant.
If the government does not adhere to the Constitution, they have broken their contractual obligations and are no longer exercising valid power. They have become tyrannical, a power unto themselves that can do what ever it wants, when it wants. Even if it is on your side today, ruling in your favor, it will eventually consume all power, every side, leaving none to you or I.
Maybe this is why the founders included the Second Amendment. However you look at it, we as an American People need to wake up, throw off our complacent and apathetic attitudes and remember what this country was founded upon, the Constitution. We need to remember our legacy of freedom and how it is the only freedom that is compatible with government. We need to stand up for freedom and make sure government stay in its place, limited and constrained.
Jared Scott Westbroek is a senior majoring in law and constitutional studies. Comments can be sent to jwestbroek@cc.usu.edu.