Santorum was asked, "As a Senator, you were very prominent in the effort to insert the United States Congress and the federal government into the Terri Schiavo family law case in Florida. Was Congress' involvement in the family courts of the State of Florida in the Schiavo case consistent with your present view of federalism, the U.S. Constitution and the proper and legitimate scope of congressional power?"
Santorum answered...
I believe that all life is precious, from the unborn, to the disabled, and the aging. The Declaration of Independence makes clear that life is an inalienable right and it is the job of the Constitution and our branches of government to defend it. This was an exceptional case which warranted an exceptional response. These decisions lie principally with the States, but as Abraham Lincoln said the States do not have the right to do wrong. The federal courts and the federal government is the last resort to protect this foundational right. Just as I feel, it is wrong for states or localities to unjustly take private property and believe the federal government can be a protector of last resort of this right, I believe that the federal government can be a protector of life when other levels of government fail their responsibility. Terri Schiavo and her loving parents deserved this. Folks forget that she was not dying and her parents offered to care for her and her costs. Death penalty cases have these federal safeguards, why not cases where it is disputed whether the individual would want to die?
Though rare, it is appropriate for the federal government to look into a situation where there was also a question as to whether a judge was handling the case fairly. It appears that it was, and a decision was made. A decision I strongly disagree with. Congress used the federal tools provided to them by the Constitution to ensure the case was being handled fairly. When we are dealing with those who are vulnerable and cannot defend themselves, if we err, we need to err on the side of the dignity of human life.
The Fourteenth Amendment of the U.S. Constitution states explicitly:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
