This letter is in response to Mr. Gdovin's letter ("Schiavo being denied our founding rights," March 23).

First, though Mr. Gdovin may be unaware, the Declaration of Independence does not grant Americans the right to anything. Our rights stem from the Constitution and other statutes, as well as the common law, which consists of cases decided over time.

Second, while the Constitution might protect our interests in life, liberty and property, these rights are defeasible; the government can deprive you of any of these rights so long as your due process is not violated (e.g. they can put you in jail or sentence you to death after a criminal trial).

Thus, the concept of "founding rights," while intriguing, does not provide as much protection as Mr. Gdovin thinks. Further, Mr. Schiavo is not getting to determine Terri's fate.

Ultimately, that may be the practical conclusion of this drama. However, both he and her parents had the opportunity to present clear and convincing evidence as to what Terri would have wanted.

The Florida state court that heard the evidence and determined that Mr. Schiavo satisfied this burden and Terri's parents did not.

Finally, I find both sides deplorable and believe there might be a pecuniary interest of each.

If Terri dies now, Mr. Schiavo gets residual money from the medical malpractice suit in the early 1990s. If the parents keep her alive and constructively force Mr. Schiavo to divorce her, they get the money.

But notwithstanding any sub-plots, a Florida state court determined Mr. Schiavo was more likely to know what Terri would have wanted after having heard evidence that the general public did not hear.

And because I believe in the justice system, I believe that decision, which was upheld on numerous appeals, should be adhered to.