March 28, 2005

The young, the younger and the elderly

Mar. 28 - Hello everyone! We spent a fairly intensive family-filled weekend. Mark's brother came down from Sault Ste. Marie to attend a bridge tournament here and we managed to catch up on family news and solve most of the world's problems (funny how much of that goes on in living rooms!)

I always have mixed feelings on holidays. There's the ubiquitous nostalgia for the days when we'd hide the eggs anticipating the fun as the kids would uncover them in the most unlikely places (although the dog beat them all on that score!) but those memories contrast sharply with the living reality of seeing competent, adult children who managed to turn out alright despite our fumbling, learn-it-as-you-go approach to child-raising. Raising children is a humbling experience, and even though one does everything one can to protect them from every conceivable danger and to teach them right from wrong, there is simply no certainty and far too often unpredictable luck saves, teaches, and/or hurts them.

The news over the weekend seemed dominated with issues of life and death, and in two of the instances the parents have been at the forefront. It was sobering, to say the least.

Terri Schiavo and the determination of her parents to save her continued to figure prominently in the news, and I think one aspect of her case that younger reporters don't understand is the horror of losing a child. I keep hearing interviews with people referring to making similar decisions on behalf of their parents or with others who believe the case has become personal because we might each be a Terri, but but that completely misses the point.

What would we do were one of our children in Terri's state? One thing I never envisioned would be that I might have to talk to my kids about what they would want us to do should they be in such a condition and it's not a conversation I am looking forward to. (We chose to avoid it at Eastertime. It seemed wrong to have such a conversation while we were celebrating the triumph of life over death.)

We know that we will eventually have to say goodbye to our parents or that we could be struck down and left half-way between life and death, but what parent really expects to bury their child? There's a good reason we have the phrase "a parent's worst nightmare" and it's because such thoughts rarely intrude in our waking moments (in large part because we hastily push them aside - who could abide such thoughts without going mad?) The struggle around Terri Schiavo has a specific personal content for those of us with adult children and raises questions that are not easily answered.

When do we really give up guardianship over our children? Does marriage supercede parental care? I've tried to avoid attacking Michael Schiavo because I can't see into his heart and it is quite possible that he believes he is following Terri's wishes, but I don't understand why he has failed to authorize medical procedures that have been developed over the past fifteen years or aggressive therapy techniques that could have improved her condition. Most parents would pursue any and all courses that might restore, even partially, their child.

It is so easy to assume that we would not want to live in such and such a condition, but humans have a stubborn tendency to fight to live despite terrible pain and our instinct for surivival is not a thing stemming from our heads but from our hearts, and that instinct for survival includes the lengths to which we will go to save our children.

The Constitutional issues this case has stirred are not easily resolved, but there seems a clear antagonism between the executive and legislative branches - federal and state - and the judiciary which exceeds the definitions of federal and state jurisdictions. I tend to refrain from hoping that Gov. Jeb Bush will violate the law, which he would be doing should he defy the courts, but that's reflective mostly of a reluctance to see a publicly elected official put himself above the legally installed judiciary and the implications of such an act.

Yet the governor of a state can legally intervene to stop a legally ordered execution of a prisoner on death row. It doesn't make sense to allow the power to grant life in that instance but not in Terri's.

The intransigence of the courts may be the ultimate root story here. The federal court chose a narrow interpretation of "Terri's Law" which went contrary to the intent of the legislation, and that may well cause more people to question if the judiciary is tipping the balance implicit in the Constitutional separation of powers rather than maintaining it. This case may well begin a series of legislative initiatives to restrain courts which have tended increasingly to make laws rather than interpret them. It will certainly lend flavour in confirmation hearings for judicial appointments where the philosophies of strict interpretation of the Constitution and laws is counterposed to those who believe the Constitution is a "living document."

Far less easily addressed are the questions which must be raised on behalf of those parents who were forced to endure the worst of a parent's worst nightmare during Easter week. There is simply no comment that I, or anyone, can make that could adequately address the hell they went through and the grief of the outcomes much less reflect on what those young girls suffered, so there's been mostly focus on the more clinical analysis of how laws and the courts serve to protect our children from predators.

Most people understand that we must protect those who cannot defend themselves, and the growing anger at the failure of the legal system to keep faith with those who believe in that principle are combining to challenge what is seen as a "soft" approach to pedophiles and other sex offenders who, in accordance with one of our most basic principles, are released after serving their time without being branded or otherwise marked to warn of the danger they may represent because they served their time and have been released with the injunction not to break the law again.

Two, basic legal precepts are in stark contrast, and there needs to be some way found to reconcile them. We believe that those who serve their time should be regarded as rehabilitated and given a chance to begin new lives, and we believe that our children must be protected from predators who defy rehabilitation.

The other big story this weekend, the failing health of John Paul II, represents a different kind of contrast to the first two stories. This man, who led the Catholic Church during a tumultous period which saw the fall of the Berlin Wall, the struggle against Islamofascism and the child abuse scandals, might be said to have fulfilled his destiny. He will leave this world with a legacy that historians will eventually define, but I suspect that one part of that legacy must be the extent to which it inspired and provoked people much as the struggle for Terri Schiavo has.

It is appropriate, although harsh, that the Easter weekend was the backdrop for vast issues concerning the meaning of life, crime and punishment, and death with dignity. We rarely resolve such issues until major controversies force us to confront the fact that they are indeed issues in need of resolution, and the matter of whether those issues are to be resolved with or despite the courts is not the least of the matter.

Mar. 29 - 11:36: Bill of Strong World provided a link in an earlier comment to an essay by Alan Keyes, Why Jeb Bush has the power to act now, which goes into more detail (and better) than I did on the options available to the executive and legislative branches when the judiciary exceeds its authority.

Darned good article. I don't agree with Mr. Keyes's call to action only because I don't think the American people are yet persuaded that the judiciary needs to be restrained and they would view vigorous executive action to defy a court ruling with alarm (yet another downside of the failure to teach the Constitution and civics in schools is the total ignorance of Americans about the workings of their own branches of government, but that's a rant for another time.)

What I do see is that relatively mild surprise has been generated by some of the recent, more questionable rulings which has yet to cascade into the kind of public outrage the legislative and executive branches feel they must have before they actually confront the judiciary. (Or I could be wrong, and Jeb Bush will ignore the court ruling, take guardianship of Terri Schiavo, and appoint an independent advocate on her behalf.) I think it more likely that we may see a series of legislative initiatives that will indirectly confront the courts and gain public support by putting a spotlight on questionable rulings.

I'm sure I'm not the only person who noted that the Supreme Court ducked the Pledge of Allegiance issue on a loophole!

12:01 - Hmm, FoxNews is reporting that Rev. Jesse Jackson is visiting Terri Schiavo's hospice, praying with Schlinder supporters, and strongly criticizing the court rulings ordering Terri's death. He's isn't always an accurate weather vane, but his position will put the liberal media in a bit of a quandary as he is generally regarded as a leader of the national African-American community.

Posted by: Debbye at 07:44 PM | Comments (30) | Add Comment
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March 24, 2005

Send in the National Guard

Mar. 24 - The Supreme Court has declined to hear the Schiavo case, and Florida Gov. Bush filed a motion to take custody of her which has been denied (14:08.)

Someone (sorry, I don't remember who) speculated that the Schiavo case was another Gary Condit non-scandal which consumed the media waves despite the lack of substance. I don't agree. As a nation we've been through so much sacrifice, heroism, death, loss and recovery these past 4 years and in some respects we are now looking at if (or how much) these momentuous events have changed us.

Follow the "continued" link below if you want to read more, or skip it if you're tired of the subject. It's exhausting, and should be. We've been through two wars, are holding our collective breaths over Lebanon and Krygyzstan (and now Estonia) and once again need to define who and what we are.

I need to sleep or I'll be a total wreck tonight, so I'm signing off (unless I can't sleep. Sigh.)

By the way, there is a somewhat atypical Ann Coulter column, Starved for justice, up at Townhall.com, and she makes a suggestion that is very appealing:

Democrats have called out armed federal agents in order to: 1) prevent black children from attending a public school in Little Rock, Ark. (National Guard), 2) investigate an alleged violation of federal gun laws in Waco, Texas (Bureau of Alcohol, Tobacco and Firearms), and 3) deport a small boy to Cuba (Immigration and Naturalization Service).

So how about a Republican governor sending in the National Guard to stop an innocent American woman from being starved to death in Florida?

[...]

In two of the three cases mentioned above, the Democrats' use of force was in direct contravention of court rulings.

If you're scratching your head and wondering what the second case was, run the name Orval Faubus through your mind and see if something clicks. more...

Posted by: Debbye at 01:07 PM | Comments (10) | Add Comment
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March 14, 2005

Some things greater than us all

Mar. 14 - I am one of those who never expected Brian Nichols would be taken alive. But reading this account from Ashley Smith, Faith Helped Courthouse Shootings Hostage, I am reminded that I am one of those really Sophisticated People who overlooks the power of simple faith:

Although she knew about the courthouse shootings, Smith said, "It wasn't until after he took his hat off that I knew it was him ... I just thought it was a random mugger or something." Over the course of the night, Nichols untied Smith, and some of the fear lessened as they talked. Nichols told Smith he felt like "he was already dead," but Smith urged him to consider the fact that he was still alive a "miracle."

"You're here in my apartment for some reason," she told him, saying he might be destined to be caught and to spread the word of God to fellow prisoners. She told him his escape from authorities had been a "miracle."

[...]

... Gwinnett County Police Officer Darren Moloney [said] "It was an absolutely best-case scenario that happened, a complete opposite of what you expected to happen. We were prepared for the worst and got the best."

The phrase "God works in mysterious ways" comes to mind.

Discussions about the role of religion in the USA are often leveled as accusations, but I think one fact that cannot be discounted is that the horrific events of Sept. 11 found many of us groping for God and finding Him, even after ignoring him for decades.

I'm not trying to preach here, but just sharing a story that has moved me at the deepest levels of my consciousness. It may seem paradoxical, but the movie Dogma had much the same effect on me as I am someone who has been estranged from religion and church because the trappings and pretensions reeked of hypocrisy.

I believe that our renewed value in faith is why we can pursue the war on terror without diminishing the worth of Muslims faithful to the words of their God, and why President Bush is genuinely outraged that al Qaeda and the like have hijacked that religion.

I know many will disagree with my assessment, but maybe they don't understand the degree of humility that religion brings into our lives, and that humility often brings profound respect for other people of other faiths.

Tell the truth, Moms and Dads: when you see how young girls are dressing, don't you wish for more modesty? I'm not saying head-to-toe covering, but maybe you'd like to see daughters with just a little more covering?

A Hindi co-worker recently told me the background story of Diwali. I wouldn't dare try to relate it here as my memory would be necessarily faulty, but the themes that struck me most forcibly were those of honour, duty, and love and I was reminded that, truly, some things are universal.

It's a beautiful story, and I'll try to track down a credible account on google later.


I have to go to work - I overslept a lot this day but after working six nights straight I'd say I was entitled! So long. Mar. 15 - Too bad I can't count - I'd only worked five nights straights and Monday was the sixth.

Posted by: Debbye at 08:25 PM | Comments (2) | Add Comment
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