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Jeb Bush CAN STOP death of TERRI SCHIAVO !!! CALL!!!
http://www.terrisfight.org ^
| pollywog
Posted on 10/16/2003 9:46:46 AM PDT by pollywog
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To: HELLRAISER II
To: HELLRAISER II
While I do appreciate what you are saying, this isn't about an average scenario - it's pretty extreme. You're assuming that Michael Schiavo's motives are pure. You're also assuming he is telling the truth when he claims she told him her wishes. I say facts of the case cast enough doubt. FL law says guardians are to be impartial. How impartial can one be in his situation?
And how can you ignore the fact that he only remembered what she wanted ten years after her accident? And how can you ignore the pretenses under which he was awarded the settlement money?
By the way, there are statements by others who claim he said otherwise. An ex-girlfriend says that he told her he had no idea what Terri would want.
202
posted on
10/16/2003 12:12:40 PM PDT
by
agrace
To: Dave S
More fine pint. I especially like the concept that
a court opinion or order and the law are not the same thing, in that a court opinion or order may be contrary to law, and therefore, not law at all.
MEMORANDUM
TO: CHRISTA CALAMAS
FROM: HERBERT W. TITUS, ATTORNEY-AT-LAW TROY A. TITUS, P.C.
2400 CAROLINA ROAD CHESAPEAKE, VIRGINIA 23322
SUBJECT: TERRI SCHINDLER-SCHIAVO
DATE: OCTOBER 15, 2003
In response to a request, this memorandum is submitted addressing whether the governor of the State of Florida has the constitutional power to stop a Florida court order conferring upon the husband of Terri Schindler-Schiavo the sole discretionary power to disconnect his brain-disabled wifes feeding tube. Not only does the governor have such power, but the governor has a constitutional duty to prevent any action taken pursuant to such a court order, because such action would violate Ms. Schindler-Shiavos constitutionally guaranteed inalienable right to enjoy and defend life regardless of her physical disability as secured by Article I, Section 2 of the Florida State Constitution.
According to Article I, Section 2, [a]ll natural persons, female and male alike, are equal before the law, and have inalienable rights, among which are the right to enjoy and defend life .... Additionally, Article I, Section 2 provides that no person shall be deprived of any right [including the right to enjoy life] because of ... physical disability. According to Article IV, Section 1, the supreme executive power of the state of Florida is vested in the governor ... who shall take care that the laws be faithfully executed. Thus, the governor has the power, indeed the duty, to ensure that this constitutional guarantee of the inalienable right ... to enjoy and defend life, regardless of physical disability, is preserved.
In the exercise of this his take care powers, the governor is not bound by a court order, such as the one in the Schindler-Schiavo case, when that court order is inconsistent with the actual constitutional guarantee. As President Andrew Jackson once observed, judicial precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power. This observation is especially significant in determining the scope of the constitutional powers of the office of governor, a separate and independent branch from the judiciary. Again, as President Jackson put it, the chief executive officer of a government is bound by his oath of office to decide matters of constitutional right and power according to the executives interpretation of the constitution, not according to the judiciarys interpretation.
Therefore, if the governor believes that Ms. Schindler-Schiavo has the constitutional right to enjoy life regardless of her present disability, as he has stated in filings submitted to the courts, then the governor is duty bound to stop any action taken pursuant to that unconstitutional order that would result in the deprivation of Ms. Schindler-Shiavos constitutional right to life.
Such executive intervention into the judicial processes does not violate the separation of powers. To the contrary, as Alexander Hamilton stated in Federalist No. 78, the exercise of judicial power is subject to the check and balance of the executive branch which, alone, has the power to enforce a judicial order.
Thus, if a court order is contrary to the law of the inalienable right to life as the order in the Schindler-Schiavo case surely is then according to Article IV, Section 1 of the Florida Constitution, the governor, vested with the supreme executive power, should intervene to stop any action taken puruant to that court order. After all, as the great English legal authority Sir William Blackstone stated a court opinion or order and the law are not the same thing, in that a court opinion or order may be contrary to law, and therefore, not law at all. I W. Blackstone, Commentaries on the Laws of England 71 (Univ. Chi. Facs. Ed: 1765).
If the governor allows a court order granting discretion to one person to decide for another person whether the latter person lives or dies to go unchallenged, then he would fail to take care that the law of the equal right to life, as secured by Article I, Section 2 of the Florida Constitution even for the physically disabled, is faithfully executed.
203
posted on
10/16/2003 12:13:15 PM PDT
by
syriacus
(Judge Greer---YOU should have looked into Terri's eyes and asked her if she wanted life.)
To: HELLRAISER II
Don't you think she has the right to therapy that could allow her to be rehabilitated? Her husband has refused to let them even try rehabilitation, despite a number of doctors who feel she is a good candidate. One has even offered to treat her for free, should you question their motives. Although the money aspect wouldn't even be an issue had the money she was awarded in the malpractice lawsuit been used as the jury had intended. Instead, her husband has been using it for his lawyer fees to off her. Please read the documents at
http://www.terrisfight.org so that you might understand that this is not a "right to die" case, but instead a ploy to state-sanctioned murder.
204
posted on
10/16/2003 12:13:40 PM PDT
by
iowamomforfreedom
(Why is it illegal to starve an animal but not a human being?)
To: agrace; HELLRAISER II
Remember that the argument in Schiavo's first lawsuit was that he needed to be awarded financial damages because he wanted to go to college, to become a nurse, so he could care for his wife.
And then, when he doesn't go to college, he remembers that she wanted to die! HE LIED!
205
posted on
10/16/2003 12:14:57 PM PDT
by
Pan_Yans Wife
(You may forget the one with whom you have laughed, but never the one with whom you have wept.)
To: HELLRAISER II
>I agree and while I don't agree with the way they intend to have her die I must admit that if I was her and I had told my wife to let me die if I ever became a vegtable as she most obviously is.
If this is what you believe, you need to have the wish documented by a living will. Terri has no such document, only hearsay evidence from her "husband" (who lost no time after her accident siring bastard children with a girlfriend) who stands to benefit financially from Terri's death.
To: HELLRAISER II
207
posted on
10/16/2003 12:15:21 PM PDT
by
iowamomforfreedom
(Why is it illegal to starve an animal but not a human being?)
To: vigilo
I read in another post he has a vested interest in the hospice where Terri is, in addition to having once been a member of the Board. Another thread mentioned organ harvasting at this Hospice as well as others. Dont remember which threads
To: Dave S
I'm sorry I can't post the PDF file from Thomas More Law Center. (I love those people there)
209
posted on
10/16/2003 12:15:32 PM PDT
by
syriacus
(Judge Greer---YOU should have looked into Terri's eyes and asked her if she wanted life.)
To: BCR #226
I wouldn't be surprised if Michael and the Judge had a monetary agreement. I think this is highly likely given this Judge's strange refusal to even allow this woman to have ANY therapy at all.
To: syriacus
One last BUMP of this very important thread before I go out the door...
To: SwordofTruth
If true, the judge, Michael Shiavo (sp) and anyone else connected with this outrageous move to murder Terri should be tried for conspiracy to commit murder, bribery, and anything else possible then they should be taken out and hung until dead from a tree.
I pray that Jeb Bush will stop this and soon. Care for Terri needs to be given to her parents who will do what is right for their daughter and not for monetary gain.
Mike
To: Dave S
Read the facts of this case. You should be very afraid if people like Michael Schiavo have the right to kill their inconvenient spouses.
213
posted on
10/16/2003 12:20:41 PM PDT
by
iowamomforfreedom
(Why is it illegal to starve an animal but not a human being?)
To: pollywog
OK, Sean Hannity just said he's going to be talking to Terri's family at some point in today's program. That could be anytime from now until 6, but I think most likely in the 3-4pm hour EDT. (Sorry I don't have any more specific information; from the teaser it sounded like it would be right after the news at the top of the hour. But Sean's been good on following this case so no doubt he'll follow through.)
To: EternalVigilance
I'm bumping up this thread. This is a crying shame.
215
posted on
10/16/2003 12:23:59 PM PDT
by
Slip18
To: iowamomforfreedom
Not to mention children,grandparents and any one else who is not "perfect" or is just keeping them from what they want.
To: agrace
>Truth is, the doctor opinion is widely conflicting - many >doctors have said she is NOT in a vegetative state and >many more have volunteered to be of service in her >therapy, believing they can help her. Doesn't she deserve >the opportunity to try?
Oddly enough, the only doctors Greer listen to, and Schiavo allows to see her, is the ones who think she is in a vegatative state. Hmmm, coincedence?
217
posted on
10/16/2003 12:26:47 PM PDT
by
sunryse
To: Dave S
He can have this investigated as a criminal case (where it belongs) as opposed to civil, which is where it has been all these years. These documents confirm what we have been saying for months (and Schindler's attorney's for years).
218
posted on
10/16/2003 12:27:01 PM PDT
by
iowamomforfreedom
(Why is it illegal to starve an animal but not a human being?)
To: iowamomforfreedom
Pray for Terri Schiavo
In a Florida hospice there lies this day
A young woman sentenced to die
For her I ask that you pray
A victim of tragic circumstance
Her heartless husband and a cold, cold judge
Won't even give her a chance
The least of these, the weak, the poor
We must come to their aid
The ones the Lord gave His life for
EV
To: pollywog
Bump to the top for Terri's life!
May Jeb do what is right and just.
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