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.
Maybe nobody's responding because your allegations have no merit.
They may or may not have drawn guns, but they're not going to just move out of the way. At the very least it would end up in a shoving match between two armed police forces.
Now how could you possibly know that?
Ridiculous.
That just isn't the way it works in real life.
It's a nice fiction created by someone to try and cover butts.
I'm somewhat shocked that even FReepers could buy such blatant and obvious disinformation.
An order from the Governor of the State of Florida would clear the path to putting an IV in her arm in five minutes. Take it to the bank.
Okay. I suppose he did. With the conspiratorial sheriff's department huh? Don't let anything like the facts get in your way....
From the Court of Appeals decision in Florida on 2001
>This is a case to authorize the termination of life-prolonging procedures under chapter 765, Florida Statutes (1997), and under the constitutional guidelines enunciated in In re Guardianship of Browning, 568 So.2d 4 (Fla.1990).From the original decision in 2000 by Greer
The controlling legal authority in this area is a case which arose in St. Petersburg....The court is called upon to apply the law as set forth in In re: Guardianship of Estelle M Browning, supra, to the facts of this caseSo this is what we have. You stated that Greer did not grant the right for Schiavo to make the decision. The decision very clearly states Schiavo is authorized to proceed with discontinuance. Therefore, you were wrong. You stated the judge took that authority and made the decision in the name of the US government. As he is a state judge, you were wrong. Also he took no authority but only upheld current precedent, which makes him a non-activist judge. Again, you were wrong. These are the facts of the case and nothing but.--------------
ORDERED and ADJUDGED that the Petition for Authorization to Discontinue Artificial Life Support of Michael Schiavo, Guardian of the Person of Theresa Marie Schiavo, an incapacitated person, be and the same is hereby granted and the Petitioner/Guardian is hereby authorized to proceed with the discontinuance of said artificial life support for Theresa Marie Schiavo
You are not familar with the case....You don't know what you are talking about.
You were saying?
You are just amazing .. I've never seen anyone who can twist and turn statements inside faster than the speed of light.
Good luck with your misguided logic. Hopefully it doesn't get you or someone you love killed.
Because I asked the lead police officer on site that exact question days ago. He laughed at the mere suggestion that they would disobey an order from the Governor.
In fact, I think most of the cops are praying for such an outcome.
They increasingly realize how hard to live with this act is going to be.
You can see it in their demeanor.
Hey, it takes lots of talent to work for the accomplished loser that is Keyes, you have to be good at avoiding truths and logic. (you have to do it soooo much!)
"cops won't shoot"
It's typical - people who have never served in any kind of police unit or had family members who do - do not take their duties seriously. It's so misguided.
As if you guys have supplied any logic or truth.
Get the latest you should. You do not as yet.
It won't kill EV. He/she was there a week. So why didn't he/she simply defy the sheriff's and take the necessary food and water to Terri? Everyone who made the trip to the line the law enforcement had drawn did it symbolically. No one had any intention of assertively crossing that line. Because they were afraid the law enforcement would have "enforced the law."
I'm physically sick over this issue with Terri - and I am dreading her death. I can't explain it - but I still believe with all my heart that the Bush brothers did all the law would allow them to do to help her. It's sad, really."
Just saw a fascinating edition of Hardball with David Gregory. One guest, a Dr. Bernadine Healy (I think) with U.S. News & World Report stated that Terri's last exam by a qualified Neurologist was in 2002, and that relied on criteria going back to about 2000. She was adament that using today's standards and technology just might have yeielded very different results, and that if an error was to be made, it should have been on the side of life...at least until new tests could be made using current technology.
Maybe you can do what none of the attackers have been able to do on this thread and supply a rationale for why Article One, Section Two doesn't apply to Terri Schiavo, and why probate judges can suddenly issue death edicts in this country in direct contravention of the Fifth Amendment.
I'll stop by tomorrow and see how you did...
I am not willing to take the chance that they won't shoot -- notice Freepers are not rushing down there to take the chance either but they want Jeb to send in the National Guard but this is not a National Guard function.
You have made my point -- all these people that want Jeb to break the law won't do it themselves including Jesse Jackson.
I don't command an army of armed men. Jeb Bush does, or at least he did until he gave command of them over to a tinpot probate judge who thinks he's God.
You should be ashamed of yourself taunting people towards armed insurrection.
So you weren't willing to give your life so that Terri could have had hers? You never know what may have happened because all the protesters simply wanted to do a little "staged arrest" action like my buddy Dave from Ohio instead of actually doing all they could to get the lady food and water.
DCF issued an order to remove Terri. DCF laws say that within 24 hours the circuit court has the right to rule for or against the order to remove. Judge Greer issued a court order against the DCF order to remove. The local police were willing to enforce the order - which police officers are sworn to do.
Therefore, if the Gov. had gone to get Terri - IT WOULD HAVE BEEN OUTSIDE THE LAW AND AGAINST HIS SWORN DUTY TO UPHOLD IT.
Now .. if you can find a statute which can get around the legal court order - please enlighten us.
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