The Truth about Power (4/18/02)
by Dean Hartwell
Who decides what the
law should be? In the United States, some decisions are made by the federal
government and others by the state or local authorities. Some call this
division of power "federalism."
Recently, the Attorney General of the United States, John Ashcroft, challenged
a law that the voters of the State of Oregon had approved. A federal court's
rejection of his challenge helps mark more clearly where the line of
decision-making ought to be drawn.
Called the "Death with Dignity Act", the law allows terminally ill
patients, upon the consent of two licensed doctors, to end their own lives.
Some have called it "assisted suicide."
During the court proceedings, the State of Oregon argued that since doctors
dispense the drugs that the patients take to end their lives, the issue to be
resolved was whether the state or the federal government has the right to
regulate doctors. The state attorney general contended that the state has
traditionally held this right.
Ashcroft's point of view was that by dispensing the lethal drugs, doctors
violated the federal Controlled Substances Act since their actions served no
"legitimate medical purpose." He claimed the right to take away
licenses from doctors who prescribed the lethal drugs since the drugs are
regulated by the federal government.
Both sides may have been correct in what they asserted, but the court sided
with the state. Why?
Courts routinely resolve matters involving competing truths. A judge or other
arbiter must discern which truth is more relevant, or which one matters more.
Here, the court found that the voters of Oregon solidly backed the law as
written but could find no similar show of support from the Congress.
Specifically, Congress gave the Attorney General no power in the Controlled
Substances Act to make national decisions about assisted suicide.
The battle between the states and the federal government to make decisions is
as old as the nation. This time, the state won. On another issue of national
importance or where the Congress specifically gives the federal government
power, the federal government should win. By calling into question the source
of one's power, we keep federalism alive.