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Terri Schiavo & The Constitution
“In resolving the Schiavo controversy,” Judge Birch wrote, “it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers’ blueprint for the governance of a free people - our Constitution.”
Because the special legislation passed by Congress and signed by President Bush “constitutes legislative dictation of how a federal court should exercise its judicial functions (known as a ‘rule of decision’) the Act invades the province of the judiciary and violates the seperation of powers principle.” To hold otherwise, Judge Birch concluded, would be to act in a manner consistent with the label “activist judge.” Touch�.








