March 28, 2005

Separation of Powers

All Powerful but only Some of the Time

Carroll Andrew Morse

Dailypundit has a list of “causes of my dissatisfaction with the Republicans and George W. Bush”. There is a bit of a consistency problem with the last two (conveniently juxtaposed) items…

10. The recently revealed first instincts of Bush's FEC to impose draconian measures per the CFR (campaign finance reform) bill Bush signed after he said he did not support it. Bush's signing of that measure is, in my opinion, more than sufficient grounds for his impeachment.
11. Of course, the massive Republican hypocrisies of Schiavo.

Now, in the Schiavo case, proceduralists have been arguing that the other two branches of government may not take action to protect the rights of an individual once the judicial branch has made the decision that the rights-in-question (in this case, a right to life) are not important. Yet, in calling for impeachment, Dailypundit is requiring the President to defend individual rights, even if his view of those rights (in this case, the right to free speech) is broader than the judiciary’s.

So why are judges decisions open to question in one case, but not the other?

12:35 AM