Washburn's World

My take on the world. My wife often refers to this as the WWW (Weird World of Washburn)

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Location: Germantown, Wisconsin, United States

I am a simple country boy transplanted from the Piehl Township in northern Wisconsin to the Milwaukee metropolitan area who came down "sout" in 1980 for college and have stayed in the area since.
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Wednesday, March 30, 2005

Apology to Dave of Carrick Bend

I own an apology to David of Carrick Bend. He objected to my characterization of Terri’s Law (Federal) as a Bill of Attainder. David pointed out and, on consideration, I agree: Terri’s Law (Federal) is not a BOA. A BOA requires 2 components; specificity and a punishment. Under the Brown ruling cited, the idea of punishment was expanded to include any judicial ruling not just punishment. Terri’s Law (Federal) has specificity in spades. Thus, if Terri’s Law (Federal) had fined someone or made a judicial judgment (E.g. put the tube back in or change guardianship to the Schindlers), it would be a BOA.

The more I think on the matter of this law, the more I believe Terri’s Law (federal) is a poor, but constitutional exercise of Congress’s power to set the scope of jurisdiction the federal courts ("constitute tribunals inferior to the Supreme Court").


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