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To: drjimmy
"no person shall be deprived of life, liberty or property without due process of law..." (emphasis added)

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.

210 posted on 03/28/2005 10:42:11 AM PST by MamaTexan (I am NOT a *legal entity*, nor am I a 'person' as defined by law!)
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To: MamaTexan
principals = principles

Goofy spell-checker!

212 posted on 03/28/2005 10:45:15 AM PST by MamaTexan (I am NOT a *legal entity*, nor am I a 'person' as defined by law!)
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To: MamaTexan

Another real conservative.

Kudos to you for defending the innocent!!!


221 posted on 03/28/2005 10:48:36 AM PST by PeterFinn ("Tolerance" means WE have to tolerate THEM. They can hate us all they want.)
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To: MamaTexan
Are you insinuating Terri isn't a 'person'? I honestly confused by your statement.

You keep bringing up criminals, and I was pointing out that Section 9 of the Florida Constitution refers to persons. That means it covers instances that have nothing to do with criminal defendants, such as Terri. Unless your quotes from Black's Law Dictionary refer to the Florida Constitution or Florida statutes, they don't mean anything in this case.

On the other hand, the parts that you highlighted don't in any way contradict what I said about the courts being the placed where due process takes place. That's what the words "adjudicated....according to established rules regulating judicial proceedings" mean. If you can demonstrate that the Schiavo case was not handled under the rules of the Florida Constitution or Florida Statutes, you might have a point (you would also be disagreeing with the Florida Supreme Court, the U.S. Supreme Court, and several courts in between).
245 posted on 03/28/2005 11:07:26 AM PST by drjimmy
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