Jeb Bush is courtingdereliction of duty

Worldnetdaily ^ | 3-29-2005 | Dr. Alan Keyes

[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.

[DaughterOfAnIwoJimaVet]

I bet there are a few thinking she would die on Friday and come back to life on Sunday.

I saw one post fantasizing about that very thing.

[Shethink13]

And .. since the DCF rules say that this court had the authority to approve or disapprove of their removal actions - the DCF had an obligation to obey the order.

The DCF rules say the court has the authority to approve or disapprove of their removal actions? That's news to me. Do you have a copy or the text of these rules? So you're telling me that if there is evidence of abuse the DCF must get the approval of a local judge before they can take custody?

And where does a local probate judge derive the authority over the police?

[Nick Danger]

The story I read is that Greer issued an injunction against the DCF while their people were preparing to go in and take custody of Terri. When this injunction was issued, they called off this operation

I don't think yours is factually accurate either. The state did not call off the operation when Greer issued the injunction. There were two ways to get around the injunction, one clean and one messy.

They used the clean one: they appealed Greer's order to the Florida Supreme Court, and used a provision in the law that allowed them to act while the appeal was pending (which was several hours). But the agents on the mission backed off when the local deputies said they wouldn't let them in.

That was a poker-game-power-play, not a threat by deputies to shoot state policemen. Had the mission arrived with "compelling force," it would have been the deputies who backed down.

There was also the "dirty way." That was to simply ignore Greer's order, asserting that no judge has the power to order an elected official to not do his duty under the law. There would have been a lot of legal fireworks afterwards, but Greer could easily have lost them. For Greer to order an elected official to not act under a law he is sworn to uphold is really stretching a judge's authority. Greer could have ended up in the slammer for that.

Instead, Jeb did the worst possible thing: he appealed Greer's ruling to the Florida Supreme Court, and during his "window of opportunity" (while the appeal was pending) he sent in the DCF. They backed down when the rescue mission wasn't strong enough to accomplish the mission. So Terri didn't get saved, and in the meantime the Florida Supreme Court has upheld Greer: a county judge can order the Governor to not enforce the law. That means that the law is whatever some county judge says it is, and statutes passed by the legislature are so much worthless paper. Worst possible outcome.

[beyond the sea]

Right. It was decided in a meeting betweetn those pillors of virtue, Randall Terry, Alan Keyes, and Larry Klayman.

Who ........ may we ask you then..... what you suspect to be "pillors of virtue"? Help us!

Name your "pillors".

[mcg1969]

Maybe via eminent domain, yes, but can they imprison me or take my life if I am not guilty of a crime, which is the real issue here?

I dunno, you might want to ask your average Japanese internment camp resident. Not that there weren't some bad apples in that bunch, but entire families were imprisoned...

[michigander]

Nice synopsis.

[Shethink13]

Thank you so much for your reply #323. I've been knocking myself out for days trying to get someone to tell me how a local probate judge can order a governor not to exercise his authority. It totally defies logic.

I do believe Gov. Bush's heart is in the right place. His problem is as many Republican lawmakers - the inability to wield their power wisely and effectively.

[COEXERJ145]

Sad. I was really being sarcastic but it doesn't surprise me that someone actually said that.

[beyond the sea]

You have no "pillors". Or........ do you.

Btw, what is a "pillor"?

[CyberAnt]

"due process"

All court actions are based on "due process" - in other words did the lawyers use the right laws and was the right process followed in the court procedures.

Due process is for any COURT trial - and not just for criminals. Terri was not required to have legal representation because she WAS MARRIED and her husband was representing her.

Why can't you look up the correct information before misleading people with your erroneous statements about "due process".

[CyberAnt]

"No, we just want him be a man"

And .. for him to "be a man" - he has to do what you want - otherwise he's not a man. That's just nuts.

[joesbucks]

What if Jeb violated His law by not being more pro active in his intervention attempts.

[CyberAnt]

"Two state troopers would be sufficient."

Sufficient for what ..........??????????

To storm the Hospice and take Terri - isn't that what you wanted ..??

So .. let me get this straight - not only do you want the Governor to subvert the law - you want 2 state troopers to do the same ..?? That's just nuts.

[YaYa123]

I will not add more words to this debate, but I've got to say, I'm really enjoying yours.

[CyberAnt]

"Jeb had the responsibility to save her"

NO HE DID NOT!! The responsibility was with her husband to protect her - which he has not done.

Just because Jeb won't storm the bastille for YOU - you people are over the top and blaming Jeb for things that are not under his authority to control. Amazing.

[cubreporter]

This time 32 years ago I too was in Florida and all I can say is I didn't like it then, have not returned since and never plan to return in the future.

[CyberAnt]

"Sins of omission"

So you're saying that because Jeb did not do what YOU want - that is somehow committing a sin ..?? That's just nuts.

Yes, Jeb "swore" to uphold the law - not disobey the law to SUIT YOUR AGENDA.

[CyberAnt]

And .. typically, you have no reasoned response.

I rest my case.

[ArmyTeach]

#283 "I wish people would find out what they're talking about"

I wasn't asserting anything. I'm not from Florida and I'm not a lawyer. Just asking about something I don't understand. Thanks for the clarification.

[michigander]

To storm the Hospice
storm the bastille
Jeb "swore" to uphold the law - not disobey the law

My, my, my. Aren't you the drama queen.
So what is it a hospice or a bastille?
What exactly is it that you would consider to be a "storm"?
Is "the law" whatever an opinion of a member of the judicial branch determines it to be?