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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Tuesday, March 22, 2005

"Terri's Law" is Bad Law

I believe Micheal Schivo injected his wife with potassium cloride and then hit the jackpot with the mal-practice suits. I also believe is current efforts are an attempt to get rid of the remaining witness and any forensic evidence via cremation.

That said. How is this not a bill of attainder?

Except for a manifest act of God, nothing good comes from using evil tools. E.g. the delivery of Isreal from famine through the enslavement of Joeseph.

Nothing good will come of allowing bills of attainders to be passed as US law.


Blogger David said...

The bill does not single out a person for punishment without a trial. The attempts to allow a trial before punishment. Simple question simple answer.

Thu Mar 24, 11:09:00 PM CST  
Blogger John Washburn said...

That it is the same rationale use to imply the Second amendment is not about an individual right.

Clearly, you did not read the technical law article

Terri's does single out 3 people (her parent's and her husband) and it is specifically designed to destroy the separation of the judicial and legislative.

I will grant the subtly that the law basically orders the court to hear the case. So you might argue the legislation make no judicial finding.

A pretty thin fig leaf. Thus, my contention this is a bill of attainder.

Thu Mar 24, 11:35:00 PM CST  
Blogger David said...

OK smartie. What punishment is defined in the law?

Fri Mar 25, 08:19:00 AM CST  
Blogger John Washburn said...

I did not say it specified a punishment. Bills of attainder are usurpations by the legislative of the judicial. Terri's Law (Federal) does this.

You might argue opening up settled law to renewed legal challenges is a punishment to Micheal Shiavo. But, the congress does that all the time; e.g. the ADA, HIPPA, USA PATRIOT act.

On reflection, it is the specificity which bothers me. This a dangerous use of power. Congress is interfering with a spousal relationship and usurping jurisdiction of a state court on a matter reserved to the states (guradianship). So, perhaps this is a 10th amendment violation, but not a bill of attainder. I guess we will have to disagree on this.

Even though I think the goal (saving Terri Schindler's life) is good, it is still a dangerous club which has been fashioned by Terri's Law (Fed). With coercive power the important thing is not who wields the club or why the club is wielded. The important thing is how big is the club and how far does the club reach. Because one day, you or yours will be hit with the club.

Sat Mar 26, 08:47:00 AM CST  
Blogger David said...

First you gave a definition of a term:

Definition: A legislative act that singles out an individual or group for punishment without a trial.

Since the legislation CLEARLY did not set out a punishment, it can not IN EVEN THE SLIGHTEST WAY meet the definition of a BOA.

And no amount of predicting future legislative reach based upon the law can change that.

Sat Mar 26, 03:32:00 PM CST  

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