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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: All
It is becoming very clear to me that judge Greer sealed all of Terri's medical records because under Medicare rules, you must be in a 'terminal' state (not disabled or mentally retarded) to qualify for hospice.

That Terri has been under the hospice program for five years is extraordinary. Medicare Fraud conducted by judge Greer and Michael Shaivo's attorney (who is on the board of directors of the hospice where Terri lives) is alone reason to have federal agents remove Terri from this hospice. The only way she is terminal is they are killing her.
21 posted on 03/26/2005 8:02:10 AM PST by glory2
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To: dufekin

Thank you for bringing a clear, solid debate to us that cuts to the chase. FReegards....


22 posted on 03/26/2005 8:03:05 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: farmer18th

you need to get a life and clue....you obviously have no idea what the hell you are talking about and are just stirring stuff up.

You dont even have the cojones to go protest outside the Hospice. at least Jeb did that....


23 posted on 03/26/2005 8:04:13 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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To: Delphinium

good then just go away....since you have lost respect you arent adding anything.


24 posted on 03/26/2005 8:04:52 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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To: Delphinium
President Bush has as much compassion for Terri as you do. He did all that he felt he constitutionally could do. He won't do more because he respects the constitution.

However, that won't stop him from being demonized at this forum. The Democrats have to be loving it.

25 posted on 03/26/2005 8:07:51 AM PST by Dog Gone
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To: DakotaRed
My email this morning:

Mr. President:

Please intervene in the shameful Terri Schiavo case and restore her basic human needs. All this "can't do anything else" that I am hearing from the Governor's office in Florida is reminiscent of Pontius Pilate.

The Germans claimed that they couldn't do anything in WWII either. Surely this nation is better than this!

When did our laws and courts become so craven that they would ORDER an innocent person to be starved to death?

I am just sick...

Only you have the power and the moral authority -- and you DO have the power. Judge Greer and the Florida courts are in contempt of Congress and in contempt of YOU.

The polls be damned! Did Jesus operate on polls?


26 posted on 03/26/2005 8:08:59 AM PST by afraidfortherepublic (" I tremble for my country when I reflect that God is just. " A. Lincoln)
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To: farmer18th

How come a little circuit court judge gets to run the entire state of FL?


27 posted on 03/26/2005 8:09:02 AM PST by Run Silent Run Deep ("Leftists are little Ward Churchills")
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To: Dog Gone

The Democrats ARE loving it...

they have a shot at 06 and definitely at 08 now that everyone on here wants to demonize demonize demonize, especially those that have kept her alive the last 2 years....


28 posted on 03/26/2005 8:09:18 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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To: MikeinIraq

There are two sorts of people--those who justify action and those who apologize for it. Which one are you?


29 posted on 03/26/2005 8:09:29 AM PST by farmer18th ("The fool says in his heart there is no God.")
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To: dufekin
It is sad but a fact that the solution to this lies at the feet of Jeb Bush, not George Bush. The Govenor's failure to act in accordance with his responsibilities and powers under the Florida Constitution make him unsuitable for any elective office, IMHO. His protestations that his hands are tied, he's done everything he could etc. are vaguely remnicient of Pontius Pilate and disgusting. This case in Florida has done much to damage the necessary faith we need to have in our judicial system but it goes further than that. It is doing fundamental damage to the foundation of our government, that the branches are CO-EQUAL, not subserviant to the Judiciary and when a constitutional crisis occurs it must be resolved in favor of the elected representatives. This is not a matter of following the law (as may be interpreted by one branch) but of control by the people of our government.

Jeb Bush did not avoid a constitutional crisis by his failure to act. He has created one and this is not over even after Terri passes. Not by a long shot.

30 posted on 03/26/2005 8:10:15 AM PST by Les_Miserables
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To: farmer18th

I am neither....

I think you need to get a grip. Seriously. Take off the tin foil and put down the Kool Aide.


31 posted on 03/26/2005 8:10:21 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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To: dufekin

You go to the White House and click on the site. geez


32 posted on 03/26/2005 8:10:42 AM PST by cubreporter
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To: Delphinium

Why would you feel sick? Of COURSE you feel sick. I do too. Will the Bush family worship the Courts of Death? That is the question.


33 posted on 03/26/2005 8:11:07 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: farmer18th

you are the DUmmie that says the Terri tragedy is greater than 9/11....you have to explain that one before I even think about answering any of your asinine questions....


34 posted on 03/26/2005 8:11:23 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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To: dufekin
We are a Nation of Laws, not necessarily justice.
We don't even have a theoretical idea of how to make a Nation of Justice actually work.

Terri Schiavo's father testified under cross examination that he would cut her arms and legs off and put her on a ventilator to keep her alive. He sounded like a lunatic and he sounded unfit.

The one neurologist who examined Terri who says, now, that someone might still be in there, this is the Nobel Prize winner, neglected to file a report with the court. Either he was unwilling to say it in writing, or he was just a loon. In any case, her parents lawyers did nothing to follow up.

Her parents lawyers also neglected to get an attorney ad litem appointed for Terri, and neglected to appeal the Judges ruling on that issue in a timely manner.

Michael Schiavo had three other people who testified to hearing Terri Schiavo say she would not wish to live under those conditions.

Under those circumstances Judge Greer had no choice but to rule as he did. The correctness of his ruling at law is shown by the fact that he has been upheld close to 30 times on various appeals.

If you don't like how things are turning out, get the Flori-duh legislature to write new laws to govern these situations in the future. Don't blame the judges for applying the laws as now written.

So9

35 posted on 03/26/2005 8:11:30 AM PST by Servant of the 9 (Trust Me)
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To: dufekin

This case has been up and down the legal ladder umpteen times, in district court and state appeals court and state Supreme Court, in federal appeals court and to the U.S. Supreme Court 4 times. The last thing that can be said of Terri Schiavo is that she didn't get due process.


36 posted on 03/26/2005 8:12:53 AM PST by Non-Sequitur
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To: gopwinsin04
Id get Delay to enforce the congressional subpoena of Terri for Monday

Why can't federal marshalls take her to the airport, put her on a plane & take her to Congress to answer the subpoena?

Once out of Florida (right after takeoff) they are out of Greer's jurisdiction & could feed her.

What am I missing here?

37 posted on 03/26/2005 8:13:18 AM PST by Republic If You Can Keep It
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To: dufekin
I just emailed and I will call also. I advised whoever reads the email that should this girl die as a result of their failure to stop this murder that my and I would never vote for any Republican again.

As far as we can see the whole Republican leadership has been nothing more than a bunch of blow hards in this matter.

Sometimes I think that if this were "President Kerry" this matter would have resolved last week and Terri would be under Federal protection at the nearest Mayo clinic.
38 posted on 03/26/2005 8:15:21 AM PST by BILL FROM TROUT CREEK PASS
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To: Non-Sequitur

Some sense and sanity!!

Thank you.....


39 posted on 03/26/2005 8:15:26 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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To: BILL FROM TROUT CREEK PASS
Sometimes I think that if this were "President Kerry" this matter would have resolved last week and Terri would be under Federal protection at the nearest Mayo clinic.

If you think that, then please, don't let the door hit you on the @$$ on the way out....
40 posted on 03/26/2005 8:16:10 AM PST by MikefromOhio (Terri is going to die and then the mob is going to blame both Bush brothers.)
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