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Terri Schiavo Case

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The Terri Schiavo case is fraught with religious, political and sociological factor influencing this drama. At the very base of this case is the question as what is meaningful life and or even life itself and when does that cease to exist. For many this is a religious belief which is deeply personal and different for each person. Who has the ability to decide this question, when a person is incapacitated and can’t make the decision for herself moves this into the the sociologic area. Terri’s parent and husband stood at odds as to the answer to this question and since Terri had no living well or medical power of attorney the decision ultimately fell to the Court. According to Florida state law in patient incapable of making decisions fall under the jurisdiction the guardianship court.
In an attempt …show more content…
The Court found this law unconstitutional because it violated several aspects of the separation of powers as step up by the constitution. By passing this law, the legislative branch sought to countermand the finding of the court a usurp the court's right to assign guardianship. Left unchecked this essentially would set up the precedent that no judgment of the court was final but could be overruled by legislative action. Furthermore, the legislature attempted to delegate power to the executive branch of government. By granting the governor power to make decisions without appropriate guideline. Such power can only be granted with clear guideline and definitive power. By trying to transfer this power to the governor, the legislature was trying to pass a law concerning one

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