CAS PH 251 Lecture Notes - Lecture 11: Euthanasia, Enumerated Powers, Principle Of Double Effect
2 May 2018
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The Right to Die
• People are living much longer due to modern medicine
• Euthanasia – taking steps to end a person’s life in order to relieve that person of
permanent intolerable suffering, often from a debilitating, terminal disease, or to help
ensure a dignified death
• Euthanasia v. Nazi-Euthanasia Programs
o There is a moral difference between these two
• Question: Is there a moral distinction between passive and active euthanasia?
o Passive Euthanasia – a biomedical intervention is removed or withheld in order to
allow somebody to die “naturally”
o Active Euthanasia – a biomedical intervention is carried out to cause death in
order to end intolerable suffering that is usually permanent or terminal
• Voluntary Euthanasia – euthanasia (can be either passive or active) is carried out at the
request of and with the informed consent of patient
• Non-Voluntary Euthanasia – the decision to euthanize someone is made by doctors of a
proxy (ex: family) if a patient is deemed mentally incompetent
• Involuntary Euthanasia – euthanasia carried out against the will of a competent patient
o This is essentially murder and is illegal
• Physician-Assisted Suicide – a doctor provides a patient with the means to end his own
life, however, the patient administers the final act
Checks and Balances
• Constitutionally enumerated powers between the 3 branches of government
o Each branch has its own enumerated powers
▪ Legislature – the branch empowered to only pass laws that regulate
commerce and tax
▪ Executive (President) – the branch empowered to enforce federal domestic
law, commander-in-chief of the armed forces, enter into treaties with
foreign governments, veto legislation coming from Congress
▪ Judiciary – the branch empowered to interpret laws made by Congress and
ensure that all laws (both state and federal) are consistent with the U.S.
constitution
• Tyranny of the Majority & Bill of Rights/Civil War Amendments – essentially the fact
that the U.S. constitution provides a baseline protection of rights that both the states and
federal government cannot violate but that the states may expand on
U.S. Supreme Court Decisions
• Background:
o Supreme Court justices are appointed by the president and serve life terms
o There are 9 justices on the board and there must be a 5-to-4 vote in order to carry
a view
o Most controversial cases result in 4-to-5
• Types of Opinions:
o Majority Opinion – the view that has garnered at least 5 votes (thus becoming the
supreme law)
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o Dissenting Opinion – the view(s) that disagrees with the outcome reached by the
majority
o Concurring Opinion – the view that agrees with the outcome of the majority
opinion but disagrees with the reasoning that led to the outcome
▪ This is an important decision because it leaves room for alternate
justification behind decisions
• Question: Why is there a dissenting opinion if it will not be made the law of the land?
• 3 Distinguishing Questions for Assisted Suicide
o The main issue in “Right to Die” cases is whether or not assisted suicide is a
constitutionally protected right.
o Thus, we must distinguish between 3 questions:
▪ 1. Is it moral?
▪ 2. Should it be legal in the various states? (regardless of whether or not it
is moral)
▪ 3. Is there a constitutionally protected right to assisted suicide? (regardless
of whether it is or should be legal in the various states?
The Right to Die Cases
• ex: Washington v. Glucksberg & Vacco v. Quill
o Although there was a 9-0 vote that there was no right to assisted suicide there
were different concurring opinions
o Background:
▪ Doctors in the state of Washington were treating terminally ill patients
▪ Washington has a law against assisted suicide but allows doctors to
withdraw care to let them die naturally
▪ There is no minimum basis in the constitution that declares states
may/may not make assisted suicide legal/illegal
• Question: Where in the constitution might the right to die come from?
• Answer: The Civil War Rights
o Equal Protection Clause (of the 14th amendment) – no state shall deny equal
protection of its laws to its people
▪ Argues that we should treat physician-assisted suicide the same as
voluntary euthanasia because they are under the same law
o Due Process Clause (of the 14th amendment) – no state shall deprive any person
of life, liberty and property without due process of the law
• Question: Is it okay to deny a person life, liberty, property with due process of the law?
• Answer: No, because of the Substantial Due Process – guarantees a sphere of protected
fundamental rights and liberties that go beyond those in the Bill of Rights and which
cannot be taken away with any amount of legal process
Assisted Suicide Laws
• Laws that interfere with fundamental rights receive ‘strict scrutiny’
o They cannot stand unless there is both:
▪ 1. Compelling state interest
▪ 2. The law is narrowly tailored to serve that particular interest
find more resources at oneclass.com
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Document Summary
Should it be legal in the various states? (regardless of whether or not it is moral: 3. Assisted suicide laws: laws that interfere with fundamental rights receive strict scrutiny", they cannot stand unless there is both, 1. Is the right deeply rooted in democratic traditions: the answer to this question comes from whether self-determination or traditionalism is valued higher, 2. Is there widespread consensus on the right: 3. Is the right inherent to society"s concept of ordered liberty and justice: the supreme court finds that the right to die does not meet any of the criteria. In the removal of life support, the patient is allowed to die from a natural illness. In assisted-suicide, the patient is actively killed by a medical professional: intent: In the removal of life support, the doctor only intends to follow the patient"s wishes not to do certain physical things to the patient.
