Posted on 03/24/2005 10:20:00 PM PST by Portrait of a Lady
The Right to Life: Protecting one woman.
By William J. Bennett & Brian T. Kennedy
Terry Schiavo is near death. If actions are to be taken to save her life, they must be taken now.
Let us briefly review the relevant facts: Terri is a human being whose physical condition is in dispute, but perhaps not for long. She is the daughter of loving parents, and she has a brother and sister. She is the wife of a man who once loved her, may still love her, but has taken a new woman and has with her two children. It is his duty under Florida law, and by common sense, to be her guardian.
Florida courts have found that she is incapacitated and beyond repair. Doctors have voted three to two that she is in a "persistent vegetative state." Her husband and legal guardian claims that she would have wished not to be kept alive should she find such a state. The courts agree.
Florida law, as interpreted by Florida courts, provides that she should be allowed to expire. It appears Terri Schiavo has no legal right to life.
But does Terri Schiavo have a natural right to life?
Yes. She is a human being. She has committed no crime and therefore she has forfeited not one of her natural rights. Our American faith teaches us that, "all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." And the purpose of all American government is "to secure these rights," not destroy them.
What then is to be done?
The Florida legislature sought to keep Terri alive, or at least postpone her death, by authorizing the governor to issue a one-time stay in order to prevent the withholding of nutrition and hydration from anyone under certain and extreme circumstances.
"Terri's Law" was signed into law by Governor Jeb Bush in October, 2003, but soon after, the Florida supreme court struck down the law as unconstitutional.
Clearly, Governor Bush believes "Terri's Law" to be constitutional. Not only did he sign it into law, he later challenged the decision of his own state Supreme Court by appealing to the United States Supreme Court. Unfortunately, the U.S. Supreme Court would not hear the case.
In theoretical terms, this is a conflict between the separate powers of Florida government, as the judicial and executive branches have different opinions about what the Florida constitution requires.
But in practical terms, Terri's life hangs in the balance: If the Florida supreme court prevails, she dies. If Governor Bush prevails, she lives.
It is a mistake to believe that the courts have the ultimate say as to what a constitution means. Every governor is bound by oath to uphold and protect his state constitution. In the case of Florida, the constitution Mr. Bush pledged to defend declares that, "All 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 and liberty..."
If the governor believes that he and the Florida legislature possess the constitutional authority and duty to save Terri's life, then he is bound by his oath of office to do so.
James Madison remarked in the 51st Federalist that "auxiliary precautions" — constitutional mechanisms such as separation of powers and checks and balances — are necessary for limiting the power of government, a means for the end of protecting rights.
But, Madison also reminded us, "a dependence on the people is, no doubt, the primary control on the government." The Florida constitution echoes Madison when it states in Section 1 that, "All political power is inherent in the people."
The "auxiliary precautions" of Florida government — in this case the Florida supreme court — have failed Terri Schiavo. It is time, therefore, for Governor Bush to execute the law and protect her rights, and, in turn, he should take responsibility for his actions.
Using the state police powers, Governor Bush can order the feeding tube reinserted. His defense will be that he and a majority of the Florida legislature believe the Florida Constitution requires nothing less. Some will argue that Governor Bush will be violating the law.
We think he will not be violating the law, but if he is judged to have done so, it will be in the tradition of Martin Luther King, Jr., who answered to a higher law than a judge's opinion. In so doing, King showed respect for the man-made law by willingly going to jail (on a Good Friday); Governor Bush may have to face impeachment because of his decision.
In taking these extraordinary steps to save an innocent life, Governor Bush should be judged not by the opinion of the Florida supreme court, a co-equal branch of the Florida government, but by the opinions of his political superiors, the people of Florida.
If they disagree with their governor, they are indeed free to act through their elected representatives and impeach him. Or they can vindicate him if they think he is right. But he should not be cowed into inaction — he should not allow an innocent woman to be starved to death — because of an opinion of a court he believes to be wrong and unconstitutional.
Governor Jeb Bush may find it difficult to protect Terri's rights without risking impeachment. But in the great American experiment in republican government, much is demanded of those who are charged with protecting the rights of the people. Governor Bush pledged to uphold the Florida constitution as he understands it, not as it is understood by some Florida judges.
He is the rightful representative of the people of Florida and he is the chief executive, in whom the power is vested to execute the law and protect the rights of citizens. He should use that power to protect Terri's natural right to live, and he should do so now.
— William J. Bennett is the Claremont Institute's Washington fellow. Brian T. Kennedy is president of the Claremont Institute
I think people need to put politics and buearacracy aside and put humanity first.
These judges and courts are so heartless!
May God work a miracle and save Terri Schiavo!
I think the "governor" should henceforth be known as Administrator Jeb Bush. I'm not a lawyer or a judge, but I can read the clear intent of the Florida constitution. It clearly states the disabled have a right to life. Therefore, Greer is violating the Florida Constitution. As chief executive, Jeb Bush the Administator took an oath to follow that same constitution. Since he won't exercise his authority AND more importantly, carry out his sworn responsibililities, he's little better than a clerk. In fact, it seems he might even be guilty of an impeachable offense.
Like I said, I don't have the benefit of a law degree, so I'm probably too ignorant to properly understand the US and Florida Constitutions, but I didn't score too bad on reading comprehension when I was in high school.
Bush the Administrator, I like it. It really seems to be fitting him quite nicely.
hatfieldmccoy wrote "He has become the judiciaries' bitch"
Yes, indeed. Even if he DID call in the troops at this point, he's already proven he's willing to let Terri suffer while he discusses legal options, pleads with the legislature, and files hopeless motions in courts. He should have acted days ago, and he made a major mistake by asking the High Lord Almighty Greer for permission to intervene.
I will never vote for Jeb if he let's Terri die, and I imagine others will join me. To say it bluntly, I think he's pissing off his base. Maybe he's hoping for the presidency in '08, but the very people who would be his best supporters are going to remember Terri. He needs us, but I'm not going to waste a vote on a man that won't carry out the responsibilities of his office.
re: He has become the judiciaries' bitch
Strong words, but true nonetheless! If it's '08 he's looking to then in my opinion he's up the proverbial feces tributary without means of propulsion or steering, at least in my book. He did the worst possible thing when he had that news conference on Wednesday and blustered about his authority. I will withhold my final decision as to how he's handled this test pending Terri's death or the resumption of feeding and hydrating her. For my money he has seriously misread his base of support if he does not have the intestinal fortitude to save Terri and then let the chips fall where they may. Personally, I would vote to impeach him for failure to uphold his oath of office, but I'm a hothead and will probably feel differently in a year or two. God bless, support and comfort Terri!
"Whatsoever you do to the least of my brothers, that you do unto me".
Give the woman some water for God's sake!
Sorry it's finally dawned on me that he's going to pass up the chance.
" Sorry it's finally dawned on me that he's going to pass up the chance."
IF YOU PRAY NOW IS THE TIME TO TIE DOWN THE HATCHES AND REALLY PRAY FOR THE MAN TO DO WHAT IS RIGHT. He is only human but we have an awesome God that holds the king's heart in His hand.
OK, you're right, and I'm still praying. But Jeb Bush has already stated flatly that after the court's injunction, he isn't going to go in and take custody of Terri. Maybe he's bluffing for strategic advantage, but I've got to think he's a man of his word.
If he does nothing to stop her murder he is politically dead.
We will not forget.
Amen!
Wow! What a well presented article - I love Bennett.
Can't believe he took this stand.
I am worried that since Bush was told by a lower court judge that he, the Governor of Florida, does not have the right to visit Terri or to take her into custody because she has a guardian-Michael, that the executive branch has been greatly weakened to be dictated to by the judicial.
Somehow Bush is going to have to show the Florida judiciary that he has equal power and is not just another Schlinder flunkie.
Let us hope the Governor is compelled beyond himself by a power outside of himself and ends up doing the right thing.
Let us hope the Governor is compelled beyond himself by a power outside of himself and ends up doing the right thing.
Sorry, not sure how I double posted.
I have, to this point, believed that Jeb Bush (together with his advisers) had carefully considered all options and was right in (apparently) deciding he could not take custody of Ms. Schiavo or have her feeding tube reinserted.
But, this article is very persuasive.
Previously, my rationale was that, even if Gov. Bush did take custody of her, etc., if the action was later judged to be illegal, then she would just be returned to the hospice, with the feeding tube again removed.
But, these authors are very knowledgeable, and maybe Bush could do this legally. If he were impeached, it would nevertheless send quite a message to the whole nation about the crisis in our Courts and about the issues of life and death. And, Terri Schiavo might live. And, Bush could rightly feel very good about himself.
Oh, and it would also buy time for additional law to come out of either the US or Florida legislature that could help Terri Schiavo's position.
Contrary to what a lot of people on Free Republic are saying about Jeb Bush (on this thread and others), Dick Morris was on O'Reilly tonite and he thinks Jeb Bush has hurt himself politically by going too far on this issue (in the pro-life direction).
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