Monday, March 21, 2005

Did Congress and President Uphold Federalism with Schiavo Bill?

Could it be that Congress and the President have actually upheld federalism with the Terri Schiavo bill? Ann Althouse raises that intriguing thought here:
One more thing about federalism: the democratic branches of the state government had a conception of the rights of Terri Schiavo that the state court trumped, relying on state constitutional law. Arguments about federalism need to take account of the fact that the state is not a monolithic entity. Congress is now aligning with the position taken by the state legislature and the state governor. One could say that the new federal statute embodies federalism values, because it attempts to restore the choice made by the democratic branches of state government and to remove the obstacle set up by the state court.
In another post, Althouse makes her skepticism about the validity of the complaint now in federal court. Read here.

I like the fact that Althouse is an even-handed dealer in facts. Hers is one of the best blogs out there!

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