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What should the President do about Schiavo? (legally/vanity)
self | today | me

Posted on 03/26/2005 7:45:25 AM PST by dufekin

Judge George Greer, the Supreme Law in the State of Florida, has removed all of the abilities of Governor Jeb Bush to save Terri Schiavo. I don't know that anyone could save her at this point; a week of dehydration may have done irreversible damage. Still, we must try.

The Fourteenth Article of Amendment to the Constitution of the United States, states,

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Congress is so lethargic and dominated by pro-death Democrats that it surely will not exercise its power in a reasonable time, and its last attempt ended in failure. Contrary to the orders of Judge Greer, Terri Schiavo is not (medically) a xerophyte who can wait until next year for some water. She desperately needs water today.

Florida is bound by the Fourteenth Amendment, and the federal government required the state to accept this article to regain its status as a state after the American Civil War. The State's obvious flouting of its obilgations under the Fourteenth Amendment should rescind the provisions of the Compromise of 1877 that lifted the federal military occupation of Florida during the Reconstruction after the Civil War.

The Congress should have exercised its delegated (Article I, Section 8) power "To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions." Moreover, "The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States" (Article II, Section 2). The President also swore or affirmed that he would "to the best of my ability, preserve, protect and defend the Constitution of the United States" (Article II, Section 1).

These powers should allow President Bush to declare a judicial insurrection in Florida, and thereby to call forth both the Florida National Guard and any regular troops in the vicinity to suppress this insurrection.

Suppressing this insurrection must involve--at minimum--rescuing Terri Schiavo and airlifting her to a military hospital in another state. The troops also must hunt down Judge George Greer, Attorney George Felos, and adulterer Michael Schiavo, the triumvirate who started this incurrection.

Alternatively, the President could use the José Padilla precedent to declare Terri Schiavo an enemy combatant. While this action would remove the jurisdiction of the Courts over Terri Schiavo and remove her abusive husband from the equation, it might set the Padilla problems on even more shaky grounds, and I do not advise it.


TOPICS:
KEYWORDS: 2little2late; bush43; bushfolded; georgewbush; schiavo; terri; terrischiavo
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To: jpsb
I don't blame President Bush, but Governor Bush, who has all the tools he needs in the state police and the National Guard to save Terri Schiavo. Her death, and the failure of the pro-life and conservative communities and the GOP to stop it, is going to be an electoral disaster for the Republican Party. In four years, we may well be dealing with President Hillary Clinton, House Speaker Nancy Pelosi, Senate Majority Leader Harry Reid, and Chief Justice Ruth Ginsburg.

If I were George W. Bush, I would give a good whuppin' to that kid brother.

141 posted on 03/26/2005 9:50:24 AM PST by Wallace T.
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To: farmer18th
I don't want to argue about it. It takes enormous supernatural grace to be able to do some things sometimes. Without that grace, we just don't have the human stregth to do some things.

The human in us would have liked to see Jeb kick some b***, but if you really step back and look at the bigger picture, that is a slippery slope. Even though in this case I would have supported him in doing so.

But what about next time? And the next? You have to pick your fights carefully.

142 posted on 03/26/2005 9:51:37 AM PST by Aliska
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To: elisabeth_p
"I have no idea whether the soul is still in a body which has no brain. "

Then you have no right to murder her.

143 posted on 03/26/2005 9:51:44 AM PST by jpsb
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To: 4integrity

"If W or JEB took drastic action, such as forcibly removing Terri and subsequently face impeachment or other legal problems, who would then "ACT" to help them?"

Oh, I think Rush, Hannity, Savage, the Free Republic Forum, Fox News, most of the blogs, Mark Levin, the Christian Right, and perhaps 40% of the Americans. 30% of the Americans, who hate him anyway, would drive the left into hurting itself trying to impeach him.

Clinton, after all, got away with far sleazier things by the left as things stand already. Saving a life is nothing but good, no matter what the Black Death Robes say.


144 posted on 03/26/2005 9:51:49 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Arthur Wildfire! March; ElkGroveDan

We have no King,but Jesus.


145 posted on 03/26/2005 9:52:01 AM PST by Delphinium
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To: Aliska; farmer18th

"The human in us would have liked to see Jeb kick some b***, but if you really step back and look at the bigger picture, that is a slippery slope." [aliska]

Butting in here...

Clinton took us far past that slippery slope already when he pardoned a crack dealer for cash.


146 posted on 03/26/2005 9:54:38 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Delphinium

"We have no King,but Jesus."

And He's thirsty.


147 posted on 03/26/2005 9:55:23 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Wallace T.

"If I were George W. Bush, I would give a good whuppin' to that kid brother."

Ditto that! This really puts the President in a bind. But right is right. He should call up Jeb and say, "If you don't do it, man, I will. You better go and do it. Or your name will be mud."


148 posted on 03/26/2005 9:57:09 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: jpsb

Right. I have no right to murder her or anybody else. I am glad that she is not suffering; that's all.


149 posted on 03/26/2005 9:57:45 AM PST by elisabeth_p
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To: Dog Gone

"Dubya has already said that the federal efforts are exhausted and he doesn't lie.

It's over."

Amen. This is not the fault of either the President or his brother. We didn't get to this state with the judiciary overnight, on either of their watches, and it won't be fixed overnight. Both have done all that is right and proper to do, and now it is time to stop. It is also time for THE PEOPLE of this country to wake up-- no leader can lead where the people will not follow, and the people are not with us, partly because they get all their "facts" from the mainstream media, partly because they do not think things through, but mostly because they need to return to God and HIS law. Neither of the Bushes can make that happen.

It is up to US. WE are the ones who must not let end-of-life issues disappear from our radar screen, who must push state legislatures to make moral laws in this area.

And, we must preach Christ risen through the land, so all who have ears to hear can hear.


150 posted on 03/26/2005 10:00:29 AM PST by walden
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To: Arthur Wildfire! March
Clinton took us far past that slippery slope already when he pardoned a crack dealer for cash

And a lot of other things. The Republicans have to fight with one hand tied behind their backs and a their feet shackled because the press, universities, opinion-makers, young people who are clueless, are always against them . . .

It's going to get worse, not better, no matter what Jeb or George does or doesn't do.

151 posted on 03/26/2005 10:01:15 AM PST by Aliska
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To: jpsb

I would love to believe that 20 million men would stand next to the President....Sadly, 75% of the calls to a Fla state representative did not support having the govt involved in Terri's case. And, some of these calls were from Republicans.

imho, we, Americans have become too comfortable and either do not or will not see the slippery slope we're heading down. I think many people are sincere and since they would not want to live in Terry's condition, they believe neither would Terri. But, since Terri's wishes were not in writing and her husband allowed a feeding tube, why is she NOW being dehydrated? If because she can't care for herself...who's next....Alzheimer or stroke patients who cannot feed themselves or babies born with cerebral palsy?? Perhaps, much stronger legal arguments should have been made a long time ago.


152 posted on 03/26/2005 10:01:38 AM PST by 4integrity (AJ)
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To: Herbie

Don't forget that the Congress put the word may do a de novo review of the case instead of shall. No teeth.


153 posted on 03/26/2005 10:01:55 AM PST by kempster
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To: Wallace T.
Jeb, blew it big time when he held a news conference claiming the authority to seize this woman and then failing to do so. Huge mistake, at the very least, after that he should have remove Greer from the bench.

I believe that Jeb really did try very hard to save this woman, and W did all he could do, short of federal intervention, to help. But it is not credible that a country probate judge can over rule the governor of his state, the president and congress of the USA. That is simply not credible at all. So one is left with the impression that the noise coming from the GOP was all for show, they they were talking the good talk without any intent. that will cost them dearly in the next few elections.

154 posted on 03/26/2005 10:03:25 AM PST by jpsb
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To: elisabeth_p
Right. Calm discussion is good. I'm not trying to be difficult either. Let's get to the truth, here.

"She didn't speak. She cannot speak because language function is located in the left cerebral hemisphere ... "

I have great difficulty believing it since there's a 3 and a half minute tape. I heard a voice. Her family is not imagining things. So the question arises once again: is there some vast conspiracy involving three nurses, several family members, a tape recorder, and others? Or is the court evidence false or flawed? Which is easier to believe? I believe the evidence is false or flawed. Further, even if I didn't, I would want a genuine, "de novo"
investigation of this by a court that is actually curious about possible, overlooked evidence before starving someone to death.

If she's not unconscious, then it's a medieval method of death by slow torture.

Sad FReegards....
155 posted on 03/26/2005 10:04:19 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Aliska

"The Republicans have to fight with one hand tied behind their backs and a their feet shackled because the press, universities, opinion-makers, young people who are clueless, are always against them . . ."

I can't disagree more. So long as we are united behind what is right and good, they have the Midas Touch. Sure the road's been bumpy. But we unite behind what's right. Win this fight, and they have forged a great sword. Let her die, and just as Peggy Noonan warned, they deserve what they get-- unless....

Unless they truly are out of options. Are they truly?


156 posted on 03/26/2005 10:08:23 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: dufekin

Maybe Bush should give Terri's husband a full pardon for any action, whatever, in the past.

Maybe that would get the adulterer, possibly attempted murderer, to allow her parents to care for her, and if in some way she recovers, she can't finger the bastard.


157 posted on 03/26/2005 10:10:02 AM PST by aShepard
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To: jpsb

"I believe that Jeb really did try very hard to save this woman..."

I agree with you there. He fought hard. So did GW. But are they fighting hard enough? That is the question.

FReegards....


158 posted on 03/26/2005 10:10:24 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: elisabeth_p

I think the morphine will take care of easing whatever pain this poor woman might be able to feel. Based on what little I have been told of her condition there is a serious dispute over her mental abilities. I thought it was axiomatic to physicians to "first do no harm". Guess that is just another quaint tradition from the past that our modern "man is G*d" society is tossing in the trash.


159 posted on 03/26/2005 10:12:52 AM PST by jpsb
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To: kempster

"Don't forget that the Congress put the word may do a de novo review of the case instead of shall. No teeth."

But they are obligated to prevent wrongful death and slow torture. There's the teeth. I can't quite put that into legalese. [not a lawyer] FReegards....


160 posted on 03/26/2005 10:12:56 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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