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.
Your thoughts, please.
P.S. How's the new political party coming, now that you've left the GOP?
Jeb Bush bent over backwards for these ingrates and all he will get for it is a steely knife in the back!
Any state law that directly contradicts the clear words of Article One, Section Two of the state constitution is unconstitutional on the face of it. So is any court ruling. The Executive has the duty to say so, and act accordingly.
How clearcut does Section Two have to be?
I often think that it is invisible to y'all, just like similiar provisions in the U.S. Constitution are to so many today.
Don't even suggest around here that they take active means to kill her. This is horrid. Just don't even go there. SOMETIMES PEOPLE HAVE TO SUFFER. DOES THAT EVEN GET THROUGH TO YOU YOU PAMPERED POOCH? WE DON'T ALWAYS GET THE EASY WAY OUT. DID YOU NOT KNOW THAT THE DEATH CULT STRATEGY IS TO HORRIFY THE PUBLIC WITH THIS SPECTACLE SO THEY WILL PUSH FOR LEGALIZED EUTHANAZIA??????
I know that you haven't thought through what you're saying, so I won't totally flame you but think about it, what you suggest is exactly what they want.
bttt
#54 "let me guess, you agree with saying Terri is being crucified too huh? LOL"
silliness
We do when they are being murdered by starvation.
Sorry, but you're being nonsensical.
"The Governor could, clearly within the powers of his office, overrule a judicial decision and use Executive force"
Please submit your documentation to support such a statement .. which you claim is in the FL Constitution - however .. I don't see you posting that provision for us to read .....?????
The Governor does NOT HAVE THE POWER TO SUBVERT THE LAWS. Please provide the Florida law that the Gov has "the powers ... to "overrule a judicial decision" .. THERE IS NO SUCH LAW OR RULE OR ANYTHING TO SUPPORT SUCH AN IGNORNANT STATEMENT.
Judge Greer ruled by COURT ORDER - Jeb could not take Terri - WHERE IS YOUR EVIDENCE TO SUPPORT JEB COULD JUST DO WHAT HE WANTS ..??
You have nothing but a bunch of pontificating - amazing?
You're ascribing authority to the Governor that he just does not have.
Like any politician in the last 145 years in the US has upheld the Constitution of these United States or their state constitutions. Better to pander to the electorate on questionable constitutional, and Constitutional, grounds. His foremost duty is to hold the office of the executive branch of the state of Florida and stay within his limitations as outlined in that document. Perhaps Dr. Keyes could get a bill like this passed in his state if he's so concerned about it? Whichever state that happens to be at the moment? Oh, I forgot, he's not been elected to office has he?
And you're Albert Einstein.
Not only is it false, its dangerous to liberty.
I have lost all respect for Mr. Keyes and I would never consider voting for him now that he has made clear that he believes a strongman triumphs over laws and the constitution.
She's a LESBIAN, you know.
If I didn't know better, I might suspect he walked right into a trap set by his political enemies.
Of course, we are not talking about Jeb acting outside of the law in the first place. But your question is a good one. If Jeb used his executive power in an abusive manner, such as those you list, the Florida Constitution provides for his removal from office by the legislature, and certainly the voters would do the same if the legislature failed to act. I'm not certain if Florida citizens can recall Jeb, as has been done recently in California. Certainly these are sufficient safeguards to prevent such abuse. It seems to have worked for some time now.
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