Introduction
Public policies in the United States play a significant role in shaping the federal governance. Every law enforced must respect human rights and freedom, in other words, the U.S. laws are there to protect its citizens (Clark 345). Through several tremendous efforts by the U.S. government to undertake amendments within the enforced laws, life decision-making laws like “right to die” have undergone incredible changes.
According to Rosenfeld, the right to death law emerged fifteen years ago and it refers to a citizen’s federal constitutional right of self-determination to end his or her life decisions (468).
Personally, despite being constitutionally right, termination of one’s life and refusal to medication is awful and it is a suicidal case. In the ever-changing world, there might be treatment for one’s condition after some time say six months and thus patients should hold on a little longer
The U.S. government branches involved in the policy
The right to die policy, as stated above, emerged through the U.S. government law amendment; therefore, it is ultimately a government issue. Just like any other nation in the world, the U.S. government has several departments engaged in law and policymaking. Normally, before enacting any right, including the right to die policy, the bill in question undergoes several government arms during amendments.
According to DiCamillo (807), this policy resulted from the advancement of medical technologies that the U.S government initiated over several decades ago. In the context of amending and enforcing laws and policies including the right to die policy in the U.S, involvement of key government branches and other relevant stakeholders is essential to ensure proper execution of the legislation process. According to
Thomas (28) the office of the president, the executive bureaucracy, the House of Representatives, the senate, the judiciary, and other organizations are responsible for enacting such government bills, laws, and policies.
Office of the president
The office of the president is quite responsible for the amendment and enactment of the right to die policy. Since the proposal of the policy several years ago, the office of the president forms an important part of the constitutionality of the policy. According to DiCamillo, the office of the president is responsible for enacting and enforcing this policy through, “the president’s commission for the study of ethical problems in medicine” (823).
This commission came to the existence in the year 1978 in a presidential congress held in the same year. Currently, according to DiCamillo (823), the commission report, which was assembled during this time, states that if patients realize the manner and time of their death, especially under the control of medical sciences, there is a need to protect such patients from making quick decisions regarding death.
Currently, the office of the president is supportive of the right to die policy, but its interests in keeping life remain factual and thus it cannot outweigh personal life in deciding about life-sustaining treatment, when the patient is capable of making the decision.
Executive branch
The executive branch of the federal government actively participates in the constitutional aspects of the State. Despite having equal power with the other branches, the executive branch is the largest and the most powerful branch of the federal government. The head of the executive branch is the president or rather the head of state, which is responsible for all state functions including the laws governing the state.
The president oversees all major appointments of the state including powerful positions in the judiciary and the legislature (Thomas 49). The executive begins with the top department known as the office of the president to other departments, which are equally responsible for government functions.
With regard to all the departments in this executive branch, department of Health and Human services (HHS), which the president appoints, is responsible for overseeing all medical policies and other related issues. According to DiCamillo (474), the medical departments, including all medical professionals, ensure that patients adhere to all procedures and rules governing the end of life decision.
Legislative
The right to die policy is a fully enacted law in the American governance, which involves activities of the legislative branch of the government. According to Arnold, Clack, and Malamud, the U.S federal government legislative branch comprises two main congress chambers (9).
These chambers include the senate house and the House of Representatives. For any law to be complete under the legislative branch, it must go through all chambers of the legislative arm before the president affirms it. Just like other laws, the right to die policy emerged from bills proposed in the Congress where the legislative branch actively participates in passing bills into law.
At this point, the two chambers act on the written bill through the drafting process, in which a senator or a house representative drafts an original legislation. Arnold, Clack, and Malamud affirm that the senate responsible for the draft bill introduces it to the House of Representatives (9). Subsequently, the bill resumes to the parliamentarians of the senate and the House of Representatives where it undergoes several procedures to become a law.
House of the representatives
The house of representatives is another powerful chamber of the congress under the federal government, which is responsive to amendment and enforcement of bills and laws. Popularly considered as the House of the People or the lower chamber, it comprises about 435 member representatives, who serve for at least two years after their election.
Concerning law making, members of the House of Representatives are responsible for major legislative functions including enactment of laws, approving of appointments, confirming of federal states government budget, and overseeing some functions of the executive branch.
As highlighted earlier, before becoming full federal policies, bills, including the right to die, go through the House of Representatives committees, which ensure drafting of bills through public hearings and favorable voting processes. These committees are very influential in the constitution making and amendment as they determine whether a bill can become an active law of state through favorable voting procedures.
The senate house
The U.S. senate is one of the powerful government arms in constitutional development, which is an important element of the American government system. The senate is the most powerful chamber of the congress and thus it outweighs the House of Representatives (Arnold, Clack, and Malamud 12).
It comprises of over 100 members who serve for six months once elected. After the committee affirms the bill constructively through the voting process, the bill passes on either to the Senate or the House of Representatives. Arnold, Clack, and Malamud assert, “Related or identical legislation often proceeds through the House and Senate simultaneously” (11).
During this moment, the bill is ready for further amendments by the two chambers. In special attention to the Senate House, all judicial procedures in the amendments of bills and enforcement of laws depend on this house. The Senate House carries out different functions including appointment of supreme and high court judges, selection of cabinet secretaries, and signing of international treaties.
The judicial branch
The judicial branch is among the most fundamental arms of the federal government, since it forms an integral constitutional part. The judicial branch passes crucial judgments pertaining to legal cases that are either challenging or those that require critical interpretation process.
According to Arnold, Clack, and Malamud, the judiciary consists of Supreme Court, which oversees the judicial functions and the lower federal courts that include Courts of Appeal, Appellate courts, district level courts, and the federal claim courts, which are responsible for hearing appealed criminal and civil (17).
The Supreme Court currently has nine judges and the president appoints them all. The entire judiciary team, including the state Supreme Court justices and the district level judges, is responsible for ensuring that all the enacted laws are correct and that the interpretation of these laws reflects the governing principles. The right to die policy in this case, as one of the State’s policy, is inclusive where justices are constantly included in patient’s decision-making on the issue.
Special interest and Organizations
The federal government also ensures that other organizations operating under the government and the Non-Governmental Organization participate in the constitutional making and amendment process.
In a bid to ensure that the law suits every individual, organizations like the media societies, special groups (NGOs), public policy research associations, trade associations, labor unions, individuals/private sector businesses, state and local governmental institutions, political parties, and multilateral organizations are inclusive in law and policy making (Arnold 29-33).
The media scrutinizes policy makers, conducts independent studies pertinent to policy issues and publishes editorial opinions influencing policymaking. Special interest groups include NGOs, which mainly advocate for human rights, environmental concerns, free trade policies, and other public relevant issues (Arnold 30).
Public policy research organizations conduct comprehensive research studies concerning policymaking and related issues. Trade Unions defend the rights of traders as labor unions represent employees in policymaking issues, with individual and private sector businesses forming coalitions that oversee business issues in the policymaking process.
Consideration of Impacts on the policy process
Federal perspective
The enactment of the right to die policy has raised several arguments among the different arms of the government and the public as well. To begin with, the federal government that forms the majority of the U.S government has elicited different reactions among the branches of the government.
At one point, the judiciary clashed with the other branches over the right to refute treatment in the enactment of the right to die policy. Due to this aspect, several federal courts face confusion in this policy, and thus making referrals of such cases to higher courts.
States perspective
The state plays a critical role in the constitutionality of the US. The right to die policy remains a controversial issue within the states’ perspective. According to Thomas (4), though at first the enactment of this policy seemed right, the current state regulations are proscribing assisted suicide and thus active euthanasia is under discussion at the Supreme Court.
However, some strong clauses within the American constitution are limiting the state in its ability to control such issues including passive euthanasia, which the fourteenth amendment is protecting. Thomas (24) affirms that the state respects the quality of life, respects the integrity of medical professionals, and fears that third parties may influence an individual to end his or her life.
Political parties
The right to die policy remains the most politically contested issue. However, the situation within the political perspective remains significantly difficult to handle due to lack of a stable political consensus within the societal and political institutions.
Thomas (3) asserts that enacting the right to die policy contravenes the political role of the parliamentarians to debate on issues pertaining murder, suicide, and other health related issues, as politicians remain stiff in opposing the act. Politicians argue that an individual’s healthy is paramount and no one has the right to terminate life.
Media Perspective
Despite having great influence in the American governance, the media in this case remains the least heard. Since this policy became a law under the signing of the president, “it is legally accepted and thus physicians, hospital boards, nurses, Health ministry administrators, and some judicial coupled with political officials have openly accepted it” (DiCamillo 818). However, the media has consistently raised arguments on the enactment of the right to die policy, which remains one of the most debated public issues in the United States.
Conclusion
The right to die policy remains a public domain issue with people having different perceptions (Clark 383). Despite the fact that the act has empowered patients to have jurisdiction on matters pertaining to life decisions, this element is ruining the social welfare of individuals bearing in mind that several religious organizations are against this act. However, it less affects the national economic dimension.
Thomas affirms that, “it is not part of a larger regulatory scheme to regulate commerce; nor does it regulate an economic activity” (57). Considering the market forces and principles of efficiency at work, many organizations are only willing to work with physically fit individuals; therefore, in one way or another, the policy may affect interstate commerce.
Personally, despite being constitutionally right, termination of ones life and refusal to medication is awful and it is a suicidal case. Therefore, the government must intervene and take possible actions against the policy.
Works Cited
Arnold, Paul, George Clack, and Paul Malamud 2004, About America: How the United States is governed. Web.
Clark, Annette. “The Right to Die: The Broken Road from Quinlan to Schiavo.” Loyola University Chicago Law Journal 37.1 (2006): 383-403. Print.
DiCamillo, Julie. “A Comparative Analysis of the Right to Die in the Netherlands and the United States after Cruzan: Reassessing the Right of Self-Determination.” American University International Law Review 7.4 (1992): 807-842. Print.
Rosenfeld, Barry. “Assisted suicide, depression, and the right to die.” Psychology, Public Policy, and Law 6.1 (2000): 467-488. Print.
Scherer, Jennifer, and Rita James. Euthanasia and the right to die: A comparative view. New York: Rowman & Littlefield, 1999. Print.
Thomas, Kenneth 2005, The “Right to Die”: Constitutional and Statutory Analysis. Web.