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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: dufekin

Looking at this from a politically tactical viewpoint: the Bush family believes they stuck their necks out plenty far already on this. As you apply pressure to the president, he may in turn ask his brother to get of his tail and do something.

The only question I have is: are we certain that one or the other or both of them: Jeb and GW Bush, can they rescue her constitutionally? If they can, then they are duty bound to do it.

FReegards....


41 posted on 03/26/2005 8:16:39 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Servant of the 9
We are a Nation of Laws, not necessarily justice

So9 -- If we're a nation of law, why didn't Judge Whittmore follow the federal law requing him to conduct a "de novo" hearing?

(That's where your analysis falls apart.)

42 posted on 03/26/2005 8:18:03 AM PST by Republic If You Can Keep It
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To: Non-Sequitur

"The last thing that can be said of Terri Schiavo is that she didn't get due process."

What about the gagged witnesses and the tape? It's conflicting evidence. What due process?


43 posted on 03/26/2005 8:18:35 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: MikeinIraq
No, I won't go away!

If you only knew how many hours I have worked to see Republicans elected.

I expect them to keep their oath to uphold the constitution.

What do you think we should do?
44 posted on 03/26/2005 8:18:59 AM PST by Delphinium
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To: BILL FROM TROUT CREEK PASS
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.

Okay, Einstein, vote against the only people who tried to help Terri. Better yet, don't vote at all. You're disqualified.

45 posted on 03/26/2005 8:20:49 AM PST by Dog Gone
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To: Republic If You Can Keep It

"De novo" hearing or 'clean slate' was offered as an option, if I'm not mistaken. However, the assumption was that a judge given that option would be thorough if a life were at stake. They, instead, committed the high crime of being lazy and/or arrogant when a life is at stake.


46 posted on 03/26/2005 8:21:54 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: MikeinIraq
President Kerry would have been much better than Dubya. LMAO.

Who opened the asylum?

47 posted on 03/26/2005 8:22:33 AM PST by Dog Gone
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To: dufekin

Found this rignt on Google, searching for "president email"

President George W. Bush: president@whitehouse.gov

That wasn't so difficult. Now, you can email him.


48 posted on 03/26/2005 8:23:05 AM PST by MineralMan (godless atheist)
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To: Delphinium

Certainly we should not storm the friggin hospice like it is the Bastille. We are collectively forgetting that there are others in that very same hospice that are dying, many of whom are lucid. Not to mention their families and their sufferings.

The easiest part is reform the judicial system. in the meantime, Greer was elected, not appointed. Vote him out next cycle.

My guess is that both the President and his brother realize that interviening in a more forceful way may cause more chaos and possibly shooting than fix matters. Jeb has a responsibility to ALL the citizens in Florida, not just Terri. He isn't to blame. She WOULD be dead had he not interviened.

He has protested at the hospice too. 99.9% of the hotheads on here haven't. 100% haven't been govenors....

she has gotten her due process, its been in 22 friggin courts already. The Bushes are going to abide by the courts and not toss out the rulings like the DUmmies or the Clintons would do. Instead, they will reform the system. It isn't perfect, but it's what needs to be done.


49 posted on 03/26/2005 8:24:42 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

I made no comparison between Terri and 911. You are mixing up your correspondents. Are you, by the way, in Iraq? If you are serving your country, you have my respect, but if you justify destroying the constitution over here, because you are wearing the uniform over there, I part company with you.


50 posted on 03/26/2005 8:25:27 AM PST by farmer18th ("The fool says in his heart there is no God.")
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To: Dog Gone

I dont know.....I was ready to call him a troll but hes been here since 2001....

you would think his logic wouldnt be blinded by his emotions, but then again look at what else is going on here at FR in the past week...makes you wonder if these people are conservatives at all....


51 posted on 03/26/2005 8:25:56 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: Republic If You Can Keep It
If we're a nation of law, why didn't Judge Whittmore follow the federal law requing him to conduct a "de novo" hearing?

Because the law was deliberately written vaguely enough to give him slack to do that.

Congress had the right-to-life fringe yelling for a law, and the polls showing most Americans opposing one, so they drafted a 'fake' law.

Weasel work by our elected representatives, Who'd a thunk it?

So9

52 posted on 03/26/2005 8:26:17 AM PST by Servant of the 9 (Trust Me)
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To: MineralMan; All
Just out of curiosity, what would happen if someone went in to see Terri Schiavo today and then took a pillow and suffocated her to death?

Would they be charged with murder?

53 posted on 03/26/2005 8:26:31 AM PST by expatguy (http://laotze.blogspot.com/)
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To: farmer18th
The irony is just too great. George? No mention of the single greatest tragedy under your charge at this time? Who writes this stuff for you?
You didn't write that? What are you on??? I am no longer in Iraq and I was only a contractor.

54 posted on 03/26/2005 8:27:23 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: Dog Gone
The Democrats have to be loving it.

Yep they're just keeping quiet, smiling to themselves, watching folks on the right "eat their own". I really thought the left would be more likely to implode. The Deaniacs vs the the more centrist "not absolute lunatic" dems.

I certainly never guessed it would be the Right that is tearing itself apart. The Dems couldn't ask for more. I'm hoping is that by the time new elections roll around the Dems will have done something that annoys most of us enough that we'll (for the most part) rally round the candidates we select.

55 posted on 03/26/2005 8:28:01 AM PST by not_apathetic_anymore
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To: Servant of the 9

Ok. So it's the parents' fault? Then tell me, if my parents mess up, will I be placed on a whipping post one day and tortured? And will my friend be lynched? I don't think so. The government has tremendous authority to stop this, and I'm having trouble thinking that mass insurrection is necessary to protect this lady's inalianable rights. If that is what is required, watch out. People WILL do it and are beginning to already.


56 posted on 03/26/2005 8:28:02 AM PST by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: farmer18th

in case you forgot, here is a link to the thread...

http://www.freerepublic.com/focus/f-news/1371256/posts?page=7#7


have a nice day....


57 posted on 03/26/2005 8:28:03 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: glory2

Medicare?? She's only 41 and ineligible, I'm guessing.


58 posted on 03/26/2005 8:29:19 AM PST by ErnBatavia (I don't drink and FReep...it just looks that way)
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To: expatguy

"Just out of curiosity, what would happen if someone went in to see Terri Schiavo today and then took a pillow and suffocated her to death?
Would they be charged with murder?"

I imagine they would. But nobody's going to do that.


59 posted on 03/26/2005 8:29:27 AM PST by MineralMan (godless atheist)
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To: dufekin
What should he do?

NOT A G*D-D*MNED THING!

60 posted on 03/26/2005 8:29:29 AM PST by DCPatriot ("It aint what you don't know that kills you. It's what you know that aint so" Theodore Sturgeon)
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