Terri Schiavo, the State, and the Culture of Death
by
William L. Anderson
by William L. Anderson
I
write this piece on Good Friday, one of the most important days
of the Christian Calendar. Within a few days from now, Terri Schiavo
will be dead because the courts have ordered that she be starved
to death. Anyone who tries to intervene by giving her even a sip
of water is arrested and led off in handcuffs. In the United States,
starving a dog to death would result in arrest and imprisonment;
starving a human being to death is state policy. (Yes, I know she
is brain damaged, but she is not – as ABC News falsely reported
in what can only be called a "push poll" – on life support.)
There
is much that has been written and said about this case, but I would
like to add some points that either are ignored or are presented
in a way that obscures the larger issues. It is difficult to know
where to begin, so I will simply say my piece.
In
the latest mailing from Sojourners,
the title "Life is a Gift from God" was the headline.
Naïvely, I believed that the editors were weighing in upon the Schiavo
case, and, indeed, they did such, but not in the way I thought would
happen. Instead, Jim Wallis wrote in favor of abolishing the death
penalty. (I will get to Sojourner’s coverage of the Schiavo situation
later.)
At
one level, I agree with Wallis, but on fundamentally different grounds.
If one were to compare his piece to the eloquent appeal by Stephanie
R. Murphy that recently appeared in LRC, it is not difficult
to see who controls the moral high ground. This is the same Jim
Wallis who had no problem supporting some of the most murderous
regimes in world history, including the Khmer Rouge of Cambodia
and Mao’s Red Guards during China’s Cultural Revolution. Those regimes
used the death penalty as economic and social policy, but the slaughter
of millions was seen by Wallis as a necessary cost of implementing
his Holy Welfare State. Never once did Sojourners ever offer even
a word of condemnation of what went on.
(Those
escaping the murderous regime of Vietnam, however, did merit Wallis’
wrath. As I noted in an earlier
piece on Wallis, those who risked their lives to flee simply
were people who wanted to pursue the evil "consumer lifestyle.")
Yet,
in a hospice in Pinellas Park, Florida, the State of Florida is
imposing the death penalty upon a person. Now, we can argue the
law, as has been done in many quarters, but we need to be clear
that the state has mandated Terri Schiavo die of starvation. There
is no other way to put it.
In
writing about the Schiavo case, all Sojourners could say was that
it was "controversial," and gave a very weak endorsement
to feeding the poor woman. On the other hand, the magazine said
that dying might not be so bad, either:
On the other
hand, most Christians believe that the everyday miracle that is
our body is not the sum total of our existence. Death, the inevitable
surrender of the physical being, is in another way just a step
in the life of faith.
In
wondering why Wallis would give such a strong endorsement to ending
the death penalty but only weakly defend Schiavo’s rights, I realized
that Wallis’ constituency is hoping that she dies. For example,
Sojourners touts the feminist line on nearly everything, and one
finds that in this case, there is much irony.
While
Schiavo’s parents have led the fight to keep Terri alive, the person
who wants her dead is her husband, whose motives can be called suspect
at best. Ordinarily, one would think that feminists would be enraged
that a husband was calling such shots for his wife. After all, if
a husband were trying to prevent his wife (or daughter) from having
an abortion, he would be roundly attacked and most likely arrested.
(Indeed,
a woman
recently was arrested at an abortion clinic in Illinois when
she tried to intervene after someone illegally snuck her 14-year-old
daughter into the clinic. The clinic workers told the woman that
"she has no rights." Had the girl been in a tattoo parlor
or having her ears pierced, the women could have legally intervened.
However, the U.S. Government has mandated that the killing of unborn
children is sacrosanct to the point where nothing shall get in the
way of someone’s desire for an abortion.)
The
feminist constituency represented by Sojourners understands that
the Schiavo case and abortion are closely linked. If they were to
protest Michael Schiavo’s actions, then they would have to answer
questions about abortion, so to protect their precious "right,"
Terri Schiavo must die.
Yet,
there is something quite troubling with the arguments being presented
by many who have tried to preserve Terri Schiavo’s life. Sojourners
gleefully quoted leftist commentator Daniel Schorr of National Public
Radio:
"The case
is full of great ironies. A large part of Terri's hospice costs
are paid by Medicaid, a program that the administration and conservatives
in Congress would sharply reduce. Some of her other expenses have
been covered by the million-dollar proceeds of a malpractice suit the kind of suit that President Bush has fought to scale back."
(Schorr,
of course, favors starving Schiavo to death – and favors the welfare
state, too. Furthermore, the Bush Administration – despite what
its critics on the left might say – is not an opponent of
the welfare state and has expanded its reach during these past five
years. Schorr simply was tossing out a red herring in order to justify
what is happening.)
Wallis,
whose recent book God’s
Politics (an arrogant title, to say the least) declares
that Christianity and the welfare state are one and the same, has
no problem with using the welfare state to keep her alive – provided
that is what her husband wants. However, the presence of the welfare
state in this situation does present a number of very difficult
issues, and if we are to discuss this case (as opposed to shout
at each other), we have to include government assistance in the
mix.
One
person recently emailed me and indicated that since the government
is paying the bills to keep Schiavo alive (that is, before the government
decided to slowly kill her), then "whoever is paying the bills
should call the shots." Like it or not, that is not an
immoral statement. Indeed, by using tax dollars to feed and house
Schiavo, the government has been using force, even if that force
is disguised in humanitarian terms. By dumping her condition upon
the welfare state, we de facto give the immoral state the
right to make the moral choices it is incapable of making.
If
the welfare state discussion is not enough, the criticism of the
intervention of Congress into this fray has been roundly criticized
in circles of left and right. Cindy
Sheehan wonders about the rank hypocrisy of the Republicans
wanting to save Terri Schiavo but being willing to condemn hundreds
of thousands of people to death in Iraq. Jacob
Hornberger rightly says that the Constitution – or at least
the Constitution as it was written – does not legally permit Congress
to have a role in this issue.
But
there is something else that we miss in our defense of federalism.
In his book Freedom
in Chains, James Bovard writes that the purpose of
federalism is not to see which branch of government is entitled
to oppress its citizens. In the continuing criticism of President
George W. Bush and the Republicans in Congress, we forget that this
issue has come to this point because the state courts in Florida
have held themselves to be above the law.
Just
as the critics of the U.S. Supreme Court’s Bush v. Gore decision
correctly state that the court overstepped its bounds, they generally
fail to say that the Florida Supreme Court ran end runs around Florida’s
election law in a desperate attempt to give the election to Al Gore.
(The Florida court has six Democrats and one "independent,"
so please do not tell me that this is a non-partisan court interested
only in pursuing the "rule of law." This court has earned
its reputation as a rogue entity.)
In
2003, the Florida legislature attempted to intervene in the Schiavo
case. Not surprisingly, the Florida Supreme Court ruled the action
unconstitutional, stating itself to be the highest governmental
authority in the state. Nowhere in the constitutions of the United
States or Florida does it state that the courts are the highest
authority, yet that is the case today, like it or not.
Thus,
the Schiavo case, if nothing else, highlights nearly everything
that is rotten in American governance. We see the rank hypocrisy
by people on all sides, we see the imposition of the state and federal
courts as the Ultimate Authority, and, in the end, and we stand
around helplessly shouting at one another while a woman slips into
death, it being illegal to give even the literal cup of cold water
to her. The state mandates death, and no one does it better. Happy
Easter.
March 26, 2005
William
L. Anderson, Ph.D. [send him
mail], teaches economics at Frostburg State University in Maryland,
and is an adjunct scholar of the Ludwig
von Mises Institute.
Copyright
© 2005 LewRockwell.com
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