agreed... but the whole government situation is so complex... who should allow what and the whole separate of church and state... b/c dying is highly religious... and oh lordy, my head aches.
in the constitution there is nothing said that there is separation of church and state. it's just something that poloiticians have adopted. i dont know if that helps
actually, although the phrase "seperation of church and state" does not appear in the consitution, it is drawn out of the establishment clause within the first amendment. It was originally coined Jefferson in a letter to the Danbury Baptists, as well as in Grant's writings stating "Keep the church and state forever seperate". This concept is backed by nearly 250 years of supreme court decisions, which can only be overturned by a new court decision (unlikely in a common law system such as Americas) or a constitutional amendment. As such, it is firmy set in American constitutional law (as it is based on interpretations of the establishment clause) and therefore, although not explicitly in the constitution, is there in so-called "spirit". The seperation of church and state is beneficial to both.
yes, i am aware of all of that information. i was just making a statement to her that could perhaps help her. not all people read the constitution in that way, you know? some people are extremely literal, as President Jefferson was. that's all i meant though. i don't want you to think i was making an ignorant statement. but if you do, well i guess i can't change that, and that is unfortunate.
sorry...I didn't mean to come off as pretentious...I was just adding that even tho it isn't in the constitution, it has become interpreted in (Jefferson isnt the best example since he bought Louisiana)
I didn't think your statement was ignorant in the least...some people are strict constructionists, others originalists, and so on...so I just wanted to add that although it isn't there, it has sort of been "added" in in a way
hmm.. yes, a bit. but i don't want to somehow end up saying that it would be better from them to be intertwined. that's something i don't believe in. hmmm... we'll see how this turns out.
ah yes...government makes everything more complex. Personally, I think that in the case of terminal illness, it is the patient's or executor-of-will's decision
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right, the living will ties in with the idea of death with dignity. arguments have been made in the supreme court law discussing the ability for individuals to choose to die if anything were to happen... but this is only after they are rendered unconscious. this leads to the concept of equal rights, meaning terminally ill individuals should be able to determine the time and way in which they die. The judges have discussed the meaning of death, but clearly it is different for each individual, the concept being extreemely spiritual. They've also brought up the idea of one wishing for death, waiting and realizing that they are happy that they did not go through with it. would the government therefore be helping by refusing these individuals of death? The constitution says that no state shall deny any person the right to life, liberty or property... but does death apply? suicide is illegal. should it be? ahhh. see
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but the whole government situation is so complex... who should allow what and the whole separate of church and state... b/c dying is highly religious... and oh lordy, my head aches.
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i was just making a statement to her that could perhaps help her.
not all people read the constitution in that way, you know?
some people are extremely literal, as President Jefferson was.
that's all i meant though.
i don't want you to think i was making an ignorant statement.
but if you do, well i guess i can't change that, and that is unfortunate.
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I didn't think your statement was ignorant in the least...some people are strict constructionists, others originalists, and so on...so I just wanted to add that although it isn't there, it has sort of been "added" in in a way
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sorry for being defensive...its hard not to be with peoples' assumptions of others in politics and what not.
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but i don't want to somehow end up saying that it would be better from them to be intertwined. that's something i don't believe in. hmmm... we'll see how this turns out.
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