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.
unfortunately youre correct. makes ya wonder how maverick would have played it....
The 'incident' being talked about didn't even occur. It was made up from whole clothe, and circulated to cover the Governor's tail.
The chances of the local police fighting an order from the Governor are nil.
This whole situation with the Governor and Terry Schiavo sounds far too similar to Pontius Pilate who "did everything he could to spare an innocent Man's life", and "washed his hands" of His death.
He has spoken out about it, attempted many actions on his part for Terri, but as a rule of law person finds his hands handcuffed here.
What is your definition of a man here with police in front of the building, to cause a confrontation that kills a few people?
His hands are tied and this is a miserable situation for all.
The people have to remember to keep what happened in mind and demand changes in courts and to further limit Judges in the future. That is what is next.
"Jeb Bush gave away his authority as governor"
Sorry .. that's not possible. Just because he didn't do what YOU wanted .. that doesn't diminish his power.
You are correct about the Judge - but the Governor DOES NOT CONTROL HIM - THE VOTERS CONTROL THE JUDGE - he's a circuit judge and he's elected - time to RECALL the judge if the citizens of FL are not happy with him.
NO. You miss my point. It's the outraged PEOPLE who need to discuss this. Part of the blame lies at their feet, too.
You've got to be kidding. Please.
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.
By Keyes' "logic", it is entirely lawful for the governor of Florida to order the police into your home, string up a rope, and hang you on your own porch. Because by definition, any order he gives to the police is lawful because he's the "supreme executive authority".
If Keyes' argument was worth the effort, I'd explain why his legal analysis of the governor's authority is bogus. But its enough just to point out the less desireable results Keyes is endorsing with this ridiculous "supreme executive authority" argument.
Maybe he'll move to Florida and run for governor.
The judge directed the removal. He did not grant the right for Schiavo to make the decsion, the judge took that authority and made the decision in the name of the US government.
You don't know what you are talking about.
Sins of omission are still sins.
Especially for those who have sworn to actively protect the lives of their citizens...
Their is a reason why Keyes never has, nor will, hold elective office.
Amen
He is a zealot who takes his oritorial gift and loses on his pride......it is a shame!
Jeb Bush don't need a Christian brother to point a figure at him for Jeb did all he could and Alan Keys at times is as out of control as the hateful left!
Dr. Keyes was willing to be arrested to protest not being invited to a presidential primary debate. He hasn't shown a similar willingness to be arrested for Terri Schiavo.
I wonder why?
And .. I would agree!
Hey, I never knew that a state court judge could issue a decision in the name of the U.S. government. That's a new one on me!
You don't know what you are talking about.
Pot, meet kettle.
I wouldn't believe them if they wrote that the sky is blue. This story is pure Bravo Sierra
Agreed. The people are responsible as well for allowing the law to stay on the books.
The idea of an armed standoff in front of the hospice between state officers and local police is laughable, and damnable.
And those of you spreading this disinformation are as guilty as those who hatched it and got it started.
The chances of the locals resisting ONE state officer armed with an order from the Governor and a nurse with IVs is exactly ZERO!
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