This is extending the right to redress the government on Terry's behalf to her parents.
Does it take an act of Congress to be able to do this?
Posted on 03/21/2005 12:05:39 PM PST by Wolfstar
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Right Luis, we all know that having a paramour, two kids and a million bucks in the bank is not an appearance of conflict. I read all the decisions.
By the way dude, I can find laws in the books in the US that require people to enter a town carrying a lit lantern 100 yards ahead of a motor vehicle.
Now, should the State of Florida decide to enforce 798.01 against Michael Schiavo, it would be guilty of selective enforcement, and the case laughed out of Court...wouldn't it?
Keep it in Court until the outcome suits us?
Rather leftists of us, isn't it?
It is only common sense that a man with two women is conflicted. At least, it used to be.
Had MS been removed as guardian when he should have been, you and I would never have heard of Terri Schiavo, the courts would not have found a power to order the death of an innocent citizen in Florida, left wing folks would have more faith in Congress, right wing folks would have more faith in courts and you and I would be arguing over homosexual marriage.
Rather leftists of us, isn't it?
See above.
This is extending the right to redress the government on Terry's behalf to her parents.
Does it take an act of Congress to be able to do this?
Appearances are sufficient cause for enforcement?
That charge must see its day in Court as well.
This case didn't pop up yesterday, nor did Michael Schiavo's kids with another woman...why has this conflict charge not been addressed by the Florida Courts already?
Well now Luis, thats the 60 million dollar question, isn't it?
Removed by whom, and by what power?
By the power of Florida Law. You live in Florida. Search guardian, you'll find it.
It hasn't been because it isn't an issue. The only reason that it has even been brought up now, is that time is running out on Terri, and every possible venue, including those previously considered meaningless (as this quite possibly was) is being brought to light.
I know that in Florida, it is quite difficult for people to obtain a divorce from a mentally disabled person, the law was set in place to protect the State (and by default the taxpayers) from people divorcing the permanently disabled, and abandoning them to the care of the State.
You can't legally divorce a person who can't answer a summons.
Okay, show me the Roe v. Wade cite.
Dude, I was joking. Crack a smile, life is short.
You were eager to provide the precedent for your last argument, why not now?
Luis, you're arguing with yourself again. I never mentioned divorce. I said he should have been removed as guardian because he "may have a conflict of interest". I think that is self evident but I've had others tell me it isn't so you're disagreeing doesn't surprise me at all.
I looked, the Florida law does not provide for removal of a guardian based on unproven allegations of conflict of interest. It does provide for legal removal should the guardian be found guilty of not carrying out their legal obligations...in this case, Michael Schiavo's legal obligations under Florida law includes making this decision.
The law sucks...but it is the law.
OK, substantiate that statement.
744.474 Reasons for removal of guardian.--A guardian may be removed for any of the following reasons, and the removal shall be in addition to any other penalties prescribed by law:
(1) Fraud in obtaining her or his appointment.
(2) Failure to discharge her or his duties.
(3) Abuse of her or his powers.
(4) An incapacity or illness, including substance abuse, which renders the guardian incapable of discharging her or his duties.
(5) Failure to comply with any order of the court.
(6) Failure to return schedules of property sold or accounts of sales of property or to produce and exhibit the ward's assets when so required.
(7) The wasting, embezzlement, or other mismanagement of the ward's property.
(8) Failure to give bond or security for any purpose when required by the court or failure to file with the annual guardianship plan the evidence required by s. 744.351 that the sureties on her or his bond are alive and solvent.
(9) Conviction of a felony.
(10) Appointment of a receiver, trustee in bankruptcy, or liquidator for any corporate guardian.
(11) Development of a conflict of interest between the ward and the guardian.
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