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To: FairOpinion

I agree. Executive power is vested in the executive. I do not believe that a judge can tell a chief executive not to use his power. For instance, at the federal level, only the legislature can remove it with his consent unless they can override his veto. As I said considering the power to pardon, where has anybody prevented a chief executive from using plenary power.


11 posted on 03/26/2005 8:28:05 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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The following is what I've just e-mailed to Pres. and Gov. Bush, concerning separation of powers:

Separation of powers is equal to checks and balances. It's time to restore the executive and legislative branches to their equal status with the judicial branch, particularly when rogue judges ignore the spirit and intent of the law. Not only Terri's life is at stake, so are all like her, inconvenient, disabled and unable to speak for themselves. Please don't allow our state to become a murderer of innocent, defenseless people!

Perhaps you have read this before, but just in case you haven't, it's a good reminder of what your upholding of the state and federal constitutions entail:

From http://www.professorbainbridge.com/2003/11/deference_to_le.html:

“…Andrew Jackson, who wrote in his message vetoing the Second Bank of the United States:

If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government, The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.”

There is no "right to die" in the U.S. Constitution. Is there one I'm not aware of in the Florida Constitution? If not, both her Federal and State rights are being violated in an egregious way. It's time to restore these rights to Terri Schiavo and to the rest of us. God will only bless those who righteously obey Him, and He is the only Judge whose opinion matters. Which judge are you willing to defy?

Sincerely,



30 posted on 03/26/2005 8:53:37 PM PST by skr (May God bless those in harm's way and confound those who would do the harming)
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