Unlike others here on FR, I don't see the Terri Schiavo case so much as a federal v. states rights issue, but rather a struggle between the executive and legislative branches and the judicial. I pray that some miracle will occur that will allow Terri Schiavo's condition to be fully evaluated and finally allow the people who love her to make an informed decision regarding her care. Whether that occurs or not, the time is long past for Congress to fully assert its will and establish itself as a branch of government coequal to the judiciary. What better charge to bring before the House than contempt of Congress and gross malfeasance in office contributing to the death of an innocent woman?
Will it happen, no. Would a debate and vote on the issue serve notice on the men and women in black? I think so - at least for a time.
Seven convicted.
Seven in Two Hundred and Sixteen Years.
This is not something to undertake lightly.
This is not something you do because you are pissed at the verdict in one case, no matter how wrongheaded.
This is something traditionally reserved for Judges who are proven corrupt, who sold their decisions, or were already convicted of other felonies.
So9
Congress should remove Greer. They have the right in the Constitution to do so, article 3 that Rush keeps referring to. Then with Greer out of the way, Pres. Bush makes an emergency appointment, which he can do by executive order. Appoint a Terri friendly judge to hear the case "In Nuovo" as per the law just passed on Sunday night. Meanwhile, the feeding tube goes back in, in the interim.
Wasn't that tried with Clinton? Big waste of time. Let's try something that works, not something that makes us feel good.
You know I don't think the constitution actually requires impeachment to remove judges, who are there "on their good behavior", I think impeachment applies only to elected officials.
It's not a matter of being "pissed at the outcome". It is a matter of state and federal judges thumbing their nose at a law that was passed in accordance with the Constitution, which specifically grants to Congress the authority to establish jurisdiction for the courts. In this case, congress directed a de novo review of the case; to wit, a complete review of all of the evidence - pro and con. Greer ignored a Congressional subpoena, and Whittemore ignored the specific intent of Congress, as did the 11th Circuit by merely affirming the decision of a state court judge.
I listened to Rick Santorum on Hannity's show this afternoon and, when questioned about the defiance of the law passed and signed last weekend, he indignantly stated, "Well, this is going to certainly lead to calls for hearings on the subject." I can see the judges shaking in their boots at the prospect of that. When was the last time a federal judge was even compelled to appear before Congress?
The vast majority of us - my self included - have whined about the run away power and arrogance of the judiciary. Is there another option for restoring some sanity to the court system?
I agree with you that the Schiavo case is more about judicial abuses of power and attempts by the executive and legislative branches to curb this tyranny. However, impeachment will not work here, there simply isn't enough time to impeach Greer, and even if they could, the state appellate courts would still retain jurisdiction. The best solution here is for Jeb Bush to exert is constitutional powers to defend a human life.
Judge Greer has overstepped his power like almost every judge.
He could be impeached for that or no reason at all.
Governor Bush could rescue Terri and be impeached as well.
BUT THERE ARE NOT THE VOTES TO IMPEACH EITHER OF THEM.
So why not go for it?
Impeachment - it's not just for the judiciary.
Thanks for the linkage, Man.
It's those issues and many political ones. I think the politics are going to have to work through on this however.
I'd like to see a judge impeached for his rulings, just because it hasn't been done doesn't mean it can't or shouldn't be done. In fact I think it would be good for the country and the Constitution (it would reinstall some of the discipline on the courts that was removed by the 17th Amendment).
David Barton is a hero of the faith. I'd lie down in traffic for the man. Thanks for the post.
But if not now, when?
We all know how the impeachment of Clinton went down. /s