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.
--------------------------------------------------------------------------------
Be sure to visit Alan Keyes' communications center for founding principles, The Declaration Foundation.
--------------------------------------------------------------------------------
Former Reagan administration official Alan Keyes, was U.S. ambassador to the United Nations Social and Economic Council and 2000 Republican presidential candidate.
I suppose, if for no other reason than the contentious, divisive and hyper emotional nature of this controversy, I would have appointed another, just to allay many people's concerns about possible impropriety by Terri's husband as to motivation.
Why doesn't Section Two apply to Terri??
So what exactly should he do, Mr. Know-it-all?
It isn't at all obvious to me...but I'm not a rocket scientist...
Can you explain to me why the Fifth Amendment's protections don't apply to Terri??
No, it isn't. Sec. 9 clearly contemplates the State taking away life, liberty and property rights. Again, the state can take away the property of the innocent with due process. Moreover, where are you getting the "for the innocent" part of that section? I didn't see anything in there that said "for the innocent." Are you reading that in?
John Brown was a serial murderer and a terrorist. Colonel Robert E. Lee arrested him in Harpers Ferry, VA in accordance with law. Brown was convicted and hanged for his crimes in Charles Town, VA. What's your point?
.
Excuse me .. "a rogue police department" - HOW ABOUT A COURT ORDER FROM JUDGE GREER - The order stated that DCF did not have sufficient evidence to support their claim.
I don't agree with the Judge's order - but the COURT ORDER is why Jeb could not do anything - and has nothing to do with whether or not Jeb agreed with the judge's decision.
To fulfill your demands - Jeb would have been required to ignore that court order - and leave himself open to being impeached - by disobeying a court order.
That's just nuts!!
Easy for him to be an armchair QB, isn't it. :P
It's incredibly easy.
Type up a one paragraph order that explains that he is acting under his authority as Governor to uphold Article One, Section Two of the State Constitution, hand it to a couple of State Troopers, and take a medical team down to the hospice to get some IVs in Terri's arms.
Then get her out of there until the attempted murder and abuse is fully investigated.
The guardian fishing is one of the best examples of how the deck was stacked.
He clearly stated Mike Schiavo had an obvious conflict of interest, had been inconsistent in his views and goals and did not provide compelling evidence Terri Schaivo had ever expressed a wish to die in such a manner.
He was ignored and they just got a new one.
Judicial supremecy is a myth that is destroying us. I don't know why you folks can't see something that is so obvious.
And what happens when the state troopers say "no?"
Or the local police prevent them?
Thank you for presupposing my bible reading habits. I haven't advocated the breaking of any law. I also don't suggest, as many here do, that the law allows us to murder people in opposition to God's law. I DID suggest that those at Nuremburgh claimed the same things as those limp-wristed ones who have "done all I can do."
On the other side (yours) were Quantrill and Bushwhackers who were also committing violence.
It may not be 1836 but it sems like the 1850's.
Some things never seem to change -- wondered how long it would be before Keyes got involved with this. First it was Terry, then Klayman, then Jackson, and now Keyes.
Just keeps getting worse and worse. Guess Partial Birth Abortion didn't mean anything to these folks posting because if they keep this up and we lose seats in 2006, you can bet money that Partial Birth Abortion will be back on the books along with Stem Cell harvesting.
Bet these same folks were shouting against Elian being taken by men with guns. If they think the cops, won't shoot, why don't they go in and rescue her? If it is not against the law, then they can go in and rescue her? Jesse Jackson didn't seem to have trouble getting arrested before did he?
WOW! I forgot about that! So true!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.