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To: sergeantdave

The order is there, its issued.. he would go to jail and probably win on appeal but he would still be in jail.


95 posted on 03/29/2005 3:24:11 PM PST by Next_Time_NJ (NJ demorat exterminator)
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To: Next_Time_NJ

Does Florida law permit a judge to toss a governor in jail for disagreeing with a judicial opinion and acting against it? If so, it's the only state in the union that allows it.

The process in every state I know would suggest a trial by impeachment before the legislature if there are serious breaches of law involved.

The matter being debated before the legislature would be twofold:
1) Is the executive co-equal to the judiciary?
2) Has an action taken by the executive in some way violated a law?

If the legislature determines the executive is co-equal to the judiciary, no law has been broken. Thus, there are no grounds for arrest.

The next matter to be debated is who makes the better argument on a law's constitutionality - the executive or the judiciary?

From that the legislature can determine whether it will accept the executive or judicial branchs' interpretation.


If the legislature decided the executive committed some serious breach of law, the legislature could vote to impeach. On the other hand, if the legislature determined the judiciary had committed some gross violation, the judges would be impeached.

This, I believe, places the matter of which branch is supreme in a constitutional question where it belongs - the legislature, the elected house of the people. (Thomas Jefferson says so.:-)


158 posted on 03/29/2005 4:25:00 PM PST by sergeantdave (Smart growth is Marxist insects agitating for a collective hive.)
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