Posted on 03/28/2005 8:02:29 AM PST by FR_addict
Florida governor says he doesn't have power from Constitution to intervene
Florida Gov. Jeb Bush, the man said to be the last hope for Terri Schiavo, says he's powerless to help the brain-injured woman who has been without nourishment for more than nine full days.
"I cannot violate a court order," Bush told CNN following Easter church services. "I don't have powers from the United States Constitution or – for that matter from the Florida Constitution – that would allow me to intervene after a decision has been made."
To Terri's parents, Bush said, "I can't. I'd love to, but I can't."
Speaking to the media for the first time in three days, the governor added, "I'm sad that she's in the situation that she's in. I feel bad for her family. My heart goes out to the Schindlers and, for that matter, to [her husband] Michael," Bush said. "This has not been an easy thing for any, any member of the family. But most particularly for Terri Schiavo."
Meanwhile, protests have continued outside the hospice where Terri is being cared for. With security having been doubled, five people were taken into custody as pastors tried to bring Schiavo Easter communion.
A handful of people in wheelchairs got out of them and shouted, "We're not dead yet!" as they lay in the driveway.
Larry Klayman, founder of the legal watchdog group Judicial Watch, said Bush has the power to grant her clemency, just as he would in a death-row case.
"We're asking the governor for a stay of execution on Easter Sunday, a day of mercy,'' Klayman said. "For Jeb Bush not to act would be a dereliction of his duty to the people of the state of Florida.''
Terri has been the subject of worldwide attention since Florida Judge George Greer ordered her feeding tube removed March 18, and courts have upheld his decision not to have the tube reinserted.
An attorney for Terri's parents, Bob and Mary Schindler, painted a grim picture of the situation on CBS' "Face the Nation."
"Terri is declining rapidly," Schindler attorney David Gibbs said. "We believe at this point she has passed where physically she would be able to recover."
But Randall Terry, a pro-life activist speaking for Terri's parents, called Gibbs' description "absolutely untrue."
George Felos, the attorney for Michael Schiavo says Terri's breathing has been regular, and her death does not appear imminent. He told reporters her remains would be cremated and buried in a family plot in Pennsylvania.
And thank you for showing yours. Just hide behind that party label when the going gets tough and the consequences of doing the right thing are inconvenient for future elections.
Amen, dear Saundra ... Amen
Sure happy to help you out on that.
And I contend that allowing this woman to pass is right. I further contend that in your disruption you pretend not to distinguish killing from dying, nor the function of war.
Got anymore phoney analogies which you can use to stimulate the stupid?
I'm not physicaly leaving - my statement was meant to convey the idea that the America created by our founding fathers is now truly dead. The only leaving I would do is to any state that has the courage to secede and return to the constitutional republic we were actually founded upon.
Amazingly ghoulish parsing there, characterizing a specious execution of a disabled woman as 'allowing her to pass'. I suppose you're one of those self-blinded folk who claim she's been gone for fifteen years also. Nice closed loop you've construct to protect your mind from truth or even rational weighing of facts. But then we don't expect much from your ilk, just doing your best to further culture of death. Good job.
Alas, Jeb Bush is NOT willing to ignore what he imagines to be the "law". Right about now we need some holy lawlessness ("obey God rather than men"), but what we're getting is the other kind.
the only issue I'm "fanatical" about is being anti-gun control. Truly, they are your last line of defence, because all of this other crap will fail you at some point.
Ditto.
It is the Judicial Order by Greer that is illegal. The Governor or the President can and should rescue this woman from her murderers -- to not do so is to fail at their resposibility to The Law. The real Law.
And there is plenty of room within all the nuances of the state and federal laws for them to act boldly.
Are you insinuating Terri isn't a 'person'? I honestly confused by your statement.
Anyway, in the matter of due process..:
"No person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing,
Pettit v. Penn., La.App., 180 So.2d 66, 69."
Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law."
Black's Law Dictionary, 6th Edition, page 500.
THAT means a persons life CANNOT be forfeit unless;
1. They have been charged with a crime, and 2. They have been judged guilty by a JURY!
Anything else is ultra vires, or beyond the legal scope and power of government.
Again, this *judicial fiat* is contrary to the laws of our country as well as the oaths sworn by ALL public or elected officials to uphold the respective Constitutions and the principals for which they stand.
"I did just send him an email, stating that the point of law needing to be reviewede is why Terri hasn't been granted a divorce from Michael Schiavo because of adultery..."
Mt assumption would be because she didn't ask or file for it???
Goofy spell-checker!
Denying food and water to someone is "letting them die".
There's a job waiting for you as Propaganda Minister to the People's Republic of China.
They won't execute people anymore...they'll just 'let them die'.
Maybe your children will 'let you die' someday and then you can experience how pleasant it is to die of dehydration and starvation.
Ah, but your children will be 'letting you pass'.
That sounds so much nicer than MURDER.
Nah, she's right there, just nothing happenin' upstairs. Doesn't matter, anyway, judicial ilk has found and religious ilk is outta luck. Tear the hair from you head, blame the evil republicans and move to a mountaintop. You'll be safe until Rome builds a road.
I'm pretty sure her parents did.
WHY did people elect someone like Greer as their Judge?
My understanding is that HE is what they people wanted.
Maybe it takes Terri's death to wake them up and laws need to be changed to protect those when there is doubt.
Dear 68 grunt,
Well, initially the Germans thought to starve to death concentration camp occupant St. Maximillian Kolbe. Eventually, they decided he was taking too long to die, and killed him with an injection of carbolic acid.
So, I guess to escape punishment, the folks who ran the concetnration camps should have just withheld food and water from all the folks in the camps, huh? Woulda been a lot cheaper, too.
Then they would have just been letting all those people pass. Wouldn't be killing, huh?
sitetest
Ronald Reagan actually BELIEVED in upholding the Constitution
I believe that he would have called out the troops also.
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