Posted on 03/27/2005 11:39:47 AM PST by El_Doctor
Rick Barnard of Morris, Illinois, wass arrested Sunday after trying to bring Terri Schiavo Easter communion. per cnn... ALLAHASSEE, Florida (CNN) -- Florida Gov. Jeb Bush said on Sunday there is nothing else he can do to save Terri Schiavo's life. "I cannot violate a court order," Bush said after returning to the Governor's Mansion from Easter Sunday church services. "I don't have powers from the United States Constitution or -- for that matter from the Florida Constitution -- that would allow me to intervene after a decision has been made." To Terri Schiavo's parents -- who have said Bush should do more to help their daughter -- the governor said: "I can't. I'd love to, but I can't." The governor has been under public pressure from Bob and Mary Schindler, parents of the 41-year-old brain-damaged woman, and many religious groups to intervene further in the case. On Thursday, a Florida state judge denied a petition by Gov. Bush and the state Department of Children and Families to take Schiavo into state custody. (Full story) The Florida Supreme Court dismissed on Saturday -- for the second time in a week -- an emergency petition by the Schindlers to have their daughter's feeding tube reconnected. "I'm sad that she's in the situation that she's in," Bush said, commenting publicly on the case for the first time since Thursday. "I feel bad for her family. My heart goes out to the Schindlers and, for that matter, to [her husband] Michael [Schiavo]," Bush said. "This has not been an easy thing for any, any member of the family. But most particularly for Terri Schiavo."
(Excerpt) Read more at CNN.com ...
You will not see any pictures of the true torture..nor will you see an autopsy. It is too much for anyone look upon.
I will bet you anything she doesn't look like this anymore..
"You are wrong, they do not answer to the courts (for crying out loud, the executive branch is ruled by the *executive*, not the judiciary!), and they are not independent. Are you really meaning to tell me that states are a confederation of counties? What local constitution do county police officers enforce, may I ask? How does a county go about petitioning for membership to a state?
Your assertion is absurd. The American constitution reserves powers to the federal government and to the states ONLY. Read it. There is no power reserved for counties, or cities, or any other subdivisions. States excercise absolute authority over their localities and the people of those localities except where prohibited by federal law, which supercedes state law.
There is one executive branch in the state of Florida and Jeb Bush is chief. Please point me out to the article of the U.S. or Florida consitution that would provide for another, indepedent executive. I'm waiting."
You are just wrong in every regard here. Take a law class, for once, please, before posting such ignorant garbage. The judiciary, time and time again, in this country, has issued injunctions to state officials to stop them from doing something. What if the situation were reversed, and a Dem Governor were using STATE TROOPS to protect the hospice? And say, Judge Greer had ruled in our favor, that the woman had a right to live. Are you saying that the Governor, in that case, would have the ability to overrule the courts? What eactly are you suggesting here?
Also, the laws of the state of Florida do not put the local law enforcement in control of the Governor. Only state law enforcement is. State law enforcement is all Jeb had direct control over. The courts, however, can issue injuctions against any unit..and then they can obey it or disobey it, which leads me to my next point.
"Yay, for strawmen arguments! Do kindly direct me to where I said anything of the like.
As I have established, the officers in question are under Jeb's authority. If they refuse to respond to executive orders, they should be decommissioned as officers. I don't see where shooting them comes in. "
YOU AGAIN DON'T HAVE A CLUE. Please get one before writing such utter absurdity. Did you not read the articles talking about the case? The SHERIFFS AND LOCAL OFFICERS TOLD JEB'S UNIT THEY WOULD FIRE BACK AND OBEY THE COURT'S ORDER. Jeb also has NO ABILITY AS GOVERNOR TO DECOMMISSION them. Even if he did THEY SAID THEY WOULD FOLLOW THECOURT ORDER. Thus, if the state troops had moved in, THERE WOULD HAVE BEEN A SHOOTING BATTLE...listen, that's EXACTLY what caused the state officials to back off--was the prospect of a firefight between law enforcement officers. Is that what you want? It clearly is, from the total insanity you are arguing.
"I have news for you, it's Jeb's *job* to order people around, and if you refuse to recognize the extent of his executive powers than you are simply being willfully ignorant of reality. "
You are truly losing it once again. ARE YOU SAYING JEB DOESN'T KNOW HIS OWN POWERS? Are you saying, you, a little poster on Free republic, knows more about what "executive powers" Jeb has more than Jeb himself, or the courts that interpret such lawas, or the lawyers on his staff? This is an unbelivable argument--you are the one who is ignorant of reality if you're going to tell me that Jeb, who has bent over backwards--more than most govenrors would--to be a friend to the Schindlers, would not have used more powers if he had them, is unbelievable. I guess you ignored the articles saying they were looking for any loophole they could find. I'm not saying they did everything right, but this idea that he has more powers than he does is simply wrong. And again, if the situation were reversed, I highly doubt you'd be on her earuging that some Dem governor should defy a conservative court order.
"First of all, you don't back down from what you think is right, regardless of whether the entire rest of the world is against. Second of all, when I have I *once* argued that Jeb *should* act in defiance of the courts? All I've argued is the simple fact that he has the power as governor to intervene."
Another extreme statement with no basis in reality. You are playing a computer game again. The State Senate rjeected Jeb's request. The state supreme court did. If Jeb had successfuly intervened, he would have been overruled. Jeb is not a dictator, as much as people would like him to be in this case. Jeb is not backing down--he's simply all he can do, legally and practically. the court order may have been wrong as rain, but it was UPHELD by the State Supreme Court. Even at that point Jeb was going to defy it but TO AVOID A FIREFIGHT THAT WOULD HAVE BEEN MESSY and not even possibly resulted in success, he didn't have them go in.
How after all Jeb has done, you can sit here as some Arm Chair governor is truly just, well, nuts. I think the courts made wrong rulings but the fact is, Jeb, Terri's lawyers, ran this whole case up the flag pole several times, even through the State Senate, and every time, THEY LOST. It sucks, its wrong, its a travesty, but to act like jeb is some kind of king who could with a stroke of the pen and a few state officers end it all is simply, well, silly.
Nope, I missed that. They were pretty gross. Nothing like the peaceful sleeping beauty the death obssessed lawyer felos portrays it as. It's a shame.
He can violate the court order when it is unlawful and/or when he comes to a different conclusion. A judge sentances a man to die and Jeb can save him, violationg the court order. Many attorneys have detailed exactly the legal power he has in this case. For some sick reason he is choosing to listen to lawyers that want Terri dead rather than lawyers who want her to live.
Did we meet in Panama in 1987-89? I dont think so you little coward.
Alerted by the Bush administration that Schiavo might be on her way to their facility, officials at Morton Plant Hospital went to court themselves Wednesday, asking Circuit Judge George Greer, who ordered the removal of Schiavo's feeding tube last week, what to do.
Greer signed an order Wednesday afternoon forbidding DCF from ''taking possession of Theresa Marie Schiavo or removing her'' from the hospice. He directed ''each and every and singular sheriff of the state of Florida'' to enforce his order.
This sick scumbag Greer is as powerful as Hitler was.
Ironically, Terri's maiden name was Schindler.
See my post #287.
If the Sheriff of Pinellas County disobeyed Bush's order to "stand down", he could have suspended him on the spot.
Did we meet in Panama in 1987-89? I dont think so you little coward.
We have separation of powers. The Executive Branch cannot disregard the Judicial Branch. The Bush brothers don't like it, I don't like it. but they are sworn to follow the law. If they ignore the law, then we are on our way to a dictatorship.
The difference is that Greer's authority over the law enforcement personnel does not supercede Bush's if Bush presses teh point.
"You are truly losing it once again. ARE YOU SAYING JEB DOESN'T KNOW HIS OWN POWERS? Are you saying, you, a little poster on Free republic, knows more about what "executive powers" Jeb has more than Jeb himself, or the courts that interpret such lawas, or the lawyers on his staff..."
Great post Mike! And "exploldingspleen" that is not a dig at you, please know that... I'm always amazed how so many here think Jeb or W or some of these people in the high offices they hold are sitting there thinking "Jeez, if we only had all of the great information and ammo those darn FReepers have, we could save Terri right now.... Golly, I wish were as smart as some of those people" As I've said before, I just really feel the Bush boys are truly good men and if they were able to do something BY LAW, they would...
LOL!!! That was you?
Maybe we can, but the Governor and President have sworn to uphold the Constitution. They "could" take actions to save her life, but they would be unconstitutional, and illegal.
Right. That's why Alcee Hastings (impeached as a Federal Judge in '88 by a House vote of 413-3) is now in, what -- third or fourth term in the U.S. Congress? Then there's Marion Barry (convicted of drug use, sent to jail then re-elected Mayor of DC). I'm sure there's more examples, but, hey, Gary Condit didn't make re-election, so I guess the public draws the line at suspicion of murder in a high-profile case -- for now, at least.
Well, I for one do not believe that Bush should have gone in and took TS out, but...
Bush was certainly within his rights as chief executive of FL to do so....of course, then he would have had to deal with the legal issues of doing so with the same courts that started the mess anyway.
One things for certain, it would have been a mess.
no he couldn't. that's just wrong. But, lets say I accept your argument, andt he guy shoots back.
You're putting law enofrcement officials in the position of having tho choose between a court order (backed up by the State Supreme Court, mind you) and a Governor's order. As the state law enofrcment were moving in, the local guys said they would choose the courts. So, that means, you have to assume, they would fire back.
As much as I love Terri Schiavo, that would not have been the right move.
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