Posted on 03/29/2005 11:00:33 AM PST by EternalVigilance
Posted: March 29, 2005 11:44 a.m. Eastern
© 2005 WorldNetDaily.com
The Florida state constitution declares unequivocally that in the state of Florida "the supreme executive power shall be vested in a governor … ." The word supreme means highest in authority. There can be no executive authority in the state of Florida higher than the governor. No state law can create an executive authority higher than highest in the Florida constitution. Therefore no court order based upon such a law can constitutionally create such an authority.
If the governor tells the local police in Pinellas County to step aside, they must do so, or else be arrested and tried for an assault on the government of the state, which is to say insurrection.
(If Gov. Jeb Bush fears that for some reason they would question the authority of his representatives, then he should take the necessary law enforcement officials to Tampa in person, thus making the situation crystal clear.)
Since Florida's highest law grants him supreme executive power, the governor's action would be lawful. No one in the Florida judiciary can say otherwise, since the whole basis for the doctrine of judicial review (which they invoked when they refused to apply "Terri's law") is that any law at variance with the constitution is no law at all.
Gov. Bush has said that he recognizes the injustice being done to Terri Schiavo but is powerless to stop it. He is obviously not powerless, and his view of injustice is fully warranted.
The Florida state constitution declares: "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 … ."
The word "inalienable" means that the rights in question cannot be given away or transferred to another by law. Now, by allowing Michael Schiavo to starve his wife to death, Judge George W. Greer transfers to Schiavo the exercise of her right to life, doing on her behalf what the Florida state constitution declares she herself could not do (since an inalienable right cannot be given away).
Schiavo's decision, and any element of the law it is based on that has the same effect, are therefore unconstitutional on the face of it.
The governor of Florida cannot be obliged to enforce unconstitutional edicts, nor can he be faulted for acting to stop an evident violation of the constitution. In his oath as governor he swore to "support, protect and defend the Constitution and government of the United States and of the state of Florida."
As supreme executive, he is obliged to act in their defense, and no court order can relieve him of this responsibility.
Any order by Judge Greer that seeks to prevent him from doing his sworn duty, as he sees fit, is invalid, and any attempt by the judge to incite armed forces to enforce his order would be an act of judicial insurrection against the constitution and government of Florida.
The judge may have whatever opinion he pleases, but when he attempts to use force to back it up, he breaks the law, going against the constitution of the state, which is to say against the supreme law in Florida.
In Federalist 81, when Alexander Hamilton lists the safeguards against "judiciary encroachments on the legislative authority," he cites in particular "its total incapacity to support its usurpations by force."
Accepting the notion that judicial orders at any level may constitute an executive power superior to the chief executive would give the judiciary just such a forceful capacity.
When every judicial decision carries the implied threat of armed insurrection, a key safeguard of liberty and self-government is removed. If any state governor, or the president of the United States acts so as to encourage the judiciary to assume such executive power, or the people to believe that it may constitutionally do so, he undermines the integrity of all our constitutions, and of American self-government as a whole.
This constitutes a grave dereliction of duty and would in saner times clearly be grounds for his impeachment by a legislature intent on defending the Florida constitution against "judiciary encroachments."
By God's grace, however, Terri Schiavo still lives, and Gov. Bush may yet act to redeem himself and his constitutional authority. Courageous action would be an act of statesmanship, defending the integrity of our constitutional system and the ultimate sovereignty of the people.
We have long been awaiting the statesman who could turn a crisis into such healing. Like Ronald Reagan before him, Jeb Bush could prove himself such a man. For Terri's sake and for the sake of constitutional self-government in America, he should act now. For failure to do so, he has no excuse.
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Be sure to visit Alan Keyes' communications center for founding principles, The Declaration Foundation.
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Former Reagan administration official Alan Keyes, was U.S. ambassador to the United Nations Social and Economic Council and 2000 Republican presidential candidate.
promises, promises.
I agree, and .. supreme executive power" does NOT mean you are allowed to subvert ALL THE LAWS OF THE STATE. In fact, it has a higher responsibility than that.
Yes.
It is obvious to a ten year old what Article One, Section Two means.
If it means something other than the clear meaning of its words, according to our political class, then all of our founding documents, the basic law of our land, are worthless pieces of paper, and the American Republic is dead.
What are you talking about? Are you calling evil... good and good... evil?
Somebody should tell Klayman to tone down the tint job he's sporting.
It has already been reported that Jeb had to call off the DFC because the sheriff's would not stand down without the judge coming with them and rescinding his order.
A bloody confrontation was narrowly avoided.
And you want to play Russian roulette with these men's lives again??
So, Jeb Bush should commit an impeachable offense. He is acting within the law. The same people who trash the left for acting outside their legal authority, want our guys to do it when it suits their needs. When they refuse to do it, they claim moral superiority and threaten to not vote or vote third party next emlection.
You give me too much credit. I missread your comment.
"If only Jeb Bush would love Terri more than he hates Alan Keyes"
You can't be serious!
In other words - the only solution for you is that Jeb should take the NG and storm the hospital and take Terri into custody. Is that it ..?? Even though the Gov has NO LEGAL AUTHORITY to do that ..??
SO .. YOU WANT JEB BUSH TO SUBVERT THE LAW - JUST LIKE JANET RENO DID ..?? You can't be serious!
That's BS misinformation.
There is not a chance in hades that the local police would have interfered.
But even if you were right, and those lying press reports were true, that would cast the Governor in a VERY bad light, having abrogated his sworn duty to protect innocent human life out of fear of a pissant probate judge and a few arrogant local cops.
But again, that story is bogus. Utterly bogus.
Not deifying. Are you a military man Mike? If so, you might remember the line from the second verse of the Battle Hymn of the Republic "As He Died To Make Us Holy Let Us Die To Make Men Free, His Truth Is Marching On."
This poor disabled woman, this "least of these," is our hero and our champion. Not the daughter of the Living God, any more than we are.
They can kill the body, they cannot touch the soul.
Wouldn't you agree that a civilized discussion on what most of us would agree is a disagreeable and unpleasant topic...is not the same as vilifying, shouting, or demonizing those that might disagree?
The decision was made to uphold current law. You want to change it? Go bug the legislature of the state of Florida
If Schiavo changed his mind and decided he wanted to put the tube back in he would have to legally get permission.
Well considering he is the legal guardian and he has made the decision to carry out what he felt would be Terri's wishes, I don't think that's going to change now is it?
So, your assessment is incorrect.
So standing by a court decision that upheld current law in Florida is incorrect. You're right. Much better to destroy the separation of powers between the states and the national government and politically grandstand over an issue that all involved know will not change to get a vote or two, meanwhile setting the precedent that the government can at some point in the future make the determination on who lives and dies instead of the family, no matter how disfunctional. Much better and more correct....
Jeb Bush not only has the authority, he swore to do it when you took office.
It is his foremost duty.
She IS being crucified, symbolically. If there were any documented supernatural phenomena around her she would be a shoo-in for Sainthood.
What exactly have you add "of substance"? "Y'all argue like DUers." doesn't count.
Oh, I forgot. Take advice from a carpetbagging politician. That's a wise move.
Yes, they do.
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