Wednesday, March 23, 2005

Politics and the Constitution

As a philosophical point about the supposed constitutional crisis the Schiavo case has provoked:

The republic was founded with the writing of a Constitution that inherently contained the seeds of polarity, contradiction and challenge. Mixed government forces opposition, compromise, and new understandings and practices. It insures growing complexity because the government itself is established as a complex system resistant to all attempts to simplify the exercise of power by judges, by bureaucrats or by the executive, by the legislature. Each of these parties, given the opportunity, would exercise a fatal simplification against this dynamic system.

In the Schiavo case, the branches simply have not arrived at the formula that will open the door to a solution that respects the prior and God-given rights of the human person and citizen. Why not? On the one hand, judicial hubris, and on the other, executive and legislative lack of will. The system is grossly out of balance here. I think that bothers us as much as the revelation that the people are so misinformed.

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