CONSTITUTIONAL LAW Question TWO (2 of 3) - 1 Hour
Final Examination
Spring, 2005- Prof. Podva
The State of Moo has a long standing statute reading:
(A) “It is against the law for a person to assist another person in committing suicide; but,
(B)Any person may refuse medical treatment on their own volition even if it results in their ultimate death.”
The U.S. Congress subsequently passed and the president signed a law entitled “Sanctity of Life” (SOL) which states: “It is unlawful for any medically trained personnel or health care facility to withhold lifesaving treatment from anyone, regardless of that person’s own wishes, however tenuous or uncertain the quality of that person’s life may be.”
David, a fundamental Christian Scientist, whose religion forbids the use of modern medicine has signed a valid Durable Power of Attorney for Health Care (DPA) which simply states: “Absolutely no lifesaving medical measures are to be used should I be seriously injured or comatose. I wish to return to my Savior at His earliest call.” David names Arnie as his attorney-in-fact should he be unable to make his own medical decisions in the future.
David is severely injured in an auto accident. His legs have been amputated and he is unconscious. David remains comatose in the county public hospital (CPH) being fed intravenously and on a respirator. Though he has also suffered severe brain damage, reducing his emotional and mental acuity to that of a 5 year old, scanning tests show his brain is still functioning and he has a 50 percent chance of regaining consciousness.
Arnie comes to you seeking to enforce David’s wishes per his DPA by making the CPH remove the respirator and feeding tube.
Thoroughly Analyze and Discuss all relevant U.S. Constitutional law issues to determine the outcome. Clearly define all legal terms and Constitutional doctrines raised by these facts. What result and Why?