more on a very good bbc story Schiavo case tests America

["Dave Farber" <dave () farber net>]

------- Original message -------
From: Fred C. Smith III <fcsmith3 () ix netcom com>
Sent: 3/4/'05,  20:40

Damn straight.  The system DOES work!

Regardless of anyone's personal feelings on what should or should not have been Mrs. Schiavo's fate, the Judicial 
system did what it was designed to do ... inte
rpret the law in an impartial, non-emotional and non-political manner.

All these politicians who insisted upon attempting to subvert the system for their own personal political agendas 
should be rewarded with a one-way ticket for h
ome at the next elections.

For the record, I'm a registered Republican and have been for thirty two years.

Fred Smith
Long Island, NY


----- Original Message -----
From: David Farber
To: Ip
Sent: Saturday, April 02, 2005 5:36 PM
Subject: [IP] a very good bbc story Schiavo case tests America



 Schiavo case tests America



 By Justin Webb
 BBC Washington correspondent



 The death of Terri Schiavo this week has not ended America's painful
ethical and political debate over individuals' right to die. Her husband
wanted her to be allowed to die, but her parents fought against it and
received support from the most powerful Americans in the land.

 In all the three years that I have been reporting from this country, I do
not believe there has been a more important moment in its history than this.

 Or an issue that illuminates the complex and vital soul of America as the
Terri Schiavo case does.

 It transcends the presidential election, the Iraq war, the rows over gay
marriage and television nudity and all the other stuff, consequential,
inconsequential and downright weird, which counts as "news about America".

 The reason the Schiavo case is so important, the reason it has Americans
talking and arguing, and the reason it should, in my view, have the rest of
us re-assessing our view of this nation, is that Americans were corralled
but rebelled.

 They were emotionally blackmailed but refused to budge, were told that
their deepest held religious beliefs should push them in one direction, but
thought for themselves and thought differently.

 America is often portrayed as an ignorant lazy sort of place, full of bible
bashers and ruled to a dangerous extent by trashy television, superstition
and religious bigotry, a place lacking in respect for evidence based
knowledge.

 I know that is how it is portrayed because I have done my bit to paint that
picture, and that picture is in many respects a true one.

 Disagreement

 Look no further than the $25m creationist museum which is about to open in
Kentucky.

 Complete with models of Adam and Eve being chased by dinosaurs, surely some
mistake, and explanations of AIDS that blame the disease on homosexuality.

 There is plenty of barminess and plenty of nastiness here if you look for
it, but for me, the revelation of the Schiavo case was that there is plenty
of good sense as well.

 Plenty of honest disagreement among reasonable people, religious and non
religious, Republican and Democrat.

 And in the end a majority who value what we can call, without irony, the
American way of life, and believe their politicians and the right-to-life
campaigners over-reached themselves in this case.

 Remember that two weeks ago, America's Congress interrupted its holiday and
in solemn session convened in Washington to change the law in order that
Terri Schiavo's feeding tube should be reinserted.

 The president himself brought Air Force One back from Texas in order that
he could sleep at the White House, and get up at one o' clock in the morning
to sign the new law in his pyjamas.

 Right to live

 As these events were happening, there were heart-rending pleas from Mrs
Schiavo's parents who were genuinely convinced that their daughter wanted to
live and might get better.

 And exhortations from the religious right that this was the moment America
could define itself as genuinely culturally conservative.

 Proof of all those claims which were made after the re-election of Mr Bush,
that a new dawn had come.

 And for good measure, twenty-four hours a day, the television news showed
pictures of Terri Schiavo looking responsive, even affectionate, and above
all looking vulnerable.

 What did Americans make of this?

 Well, I do not think its cynical to say the politicians would not have
acted as they did, without some fairly strong belief that they would be
backed and thanked by a grateful nation.

 And at the time, I would have bet any money on that outcome.

 But it did not happen and the reasons why it did not happen go to the heart
of this wonderfully surprising place.

 Americans do believe in God and they do believe in life, but they also
believe in law, and rules, and the need for democracy to restrain, not
satisfy, the wishes of politicians.

 Democracy

 The founding fathers, with a wisdom which truly does echo down the ages,
decided that there would be a separation of powers.

 General laws would be made by politicians representing the people, but then
interpreted and applied by judges.

 The founding fathers must be watching from their heavenly perches and
wondering at the power of the constitution they created


 The reason is simple, to limit the power of government to interfere in any
individuals life.

 If you can convince the courts that you are legally in the right, then no
politician, even the president himself in his pyjamas and on his high horse,
can stop you.

 Michael Schiavo, Terri Schiavo's much vilified husband, did convince the
courts.

 He believed that his wife would want to die and they agreed.

 It is a lesson the Republican party, which has allowed itself to become
very closely allied with the religious right, will reflect on in the months
ahead.

 Already moderate Republicans are talking openly of re-capturing their party
from the social conservatives.

 It is possible at least that the high watermark of social conservatism has
been reached. Its limit set by the will of a silent liberal majority.

 The founding fathers must be watching from their heavenly perches and
wondering at the power of the constitution they created.

 It is common to scoff at American attempts to export Jeffersonian
democracy, but after these two weeks the scoffing should stop.

 This system works.

 From Our Own Correspondent was broadcast on Saturday, 2 April, 2005, at
1130 BST on BBC Radio 4. Please check the  programme schedules  for World
Service transmission times.

 Story from BBC NEWS:
 http://news.bbc.co.uk/go/pr/fr/-/2/hi/programmes/from_our_own_correspondent
/4400865.stm

 Published: 2005/04/02 11:57:20 GMT

 (c) BBC MMV


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