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To: Crackingham

You're right that a court order is law, much as a generally applicable law passed by the legislature is law, but I would argue that there's at least one important case in which this simple but correct analysis is inapplicable: When the court order clashes with the actions of a co-equal branch of the government. In this case, we have what is known as a "constitutional crisis," or at least a constitutional clash, because the 2 braches can each claim the authority of law.

In such a case, the Judiciary does not have superior authority to tell the Executive not to act; and when the Executive does act against a court order, it is answerable only to the people, via devices such as elections or impeachment.

For example, imiagine that a Federal court enjoined the Executive against taking actions that the Executive deemed necessary to protect us against terrorists. The
Executive has a fundamental and independednt grant of authority in the US constitution to take actions related to national security, and those actions cannot be deemed illigal simply because they are contrary to a court order. If the people get mas about it they can impeach President Bush.

In Florida, the Florida Constitution gives the State - and Jeb Bush as head of the Executive branch - the power to take law enforcement action to protect its citizen from getting killed. If a judge like Greer enjoins the state of Florida - acting under the authority of the Florida Constitution and of more specific statutes granting that authority to Department of Protective Services - from protecting a woman from getting killed, then it is not illegal for Jeb Bush send state law enforcement to save Terri even when such action is contrary to the judge's order. It would be a political clash, and the people of the state of Florida would have to decide what to do about it.


51 posted on 03/26/2005 1:43:19 PM PST by BCrago66
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To: BCrago66
For example, imiagine that a Federal court enjoined the Executive against taking actions that the Executive deemed necessary to protect us against terrorists. The Executive has a fundamental and independednt grant of authority in the US constitution to take actions related to national security, and those actions cannot be deemed illigal simply because they are contrary to a court order. If the people get mas about it they can impeach President Bush.

In Florida, the Florida Constitution gives the State - and Jeb Bush as head of the Executive branch - the power to take law enforcement action to protect its citizen from getting killed. If a judge like Greer enjoins the state of Florida - acting under the authority of the Florida Constitution and of more specific statutes granting that authority to Department of Protective Services - from protecting a woman from getting killed, then it is not illegal for Jeb Bush send state law enforcement to save Terri even when such action is contrary to the judge's order. It would be a political clash, and the people of the state of Florida would have to decide what to do about it.

You make far too much sense to be posting on this forum.

58 posted on 03/26/2005 2:00:42 PM PST by bigeasy_70118
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