Posted on 03/30/2005 6:44:50 PM PST by watchdog_writer
I have great respect for Ambassador Keyes, and for his acumen, but his article on World Net Daily suggesting that if Governor Bush does not call out the State Police, or I assume, also the National Guard to save Terri’s life, he is derelict in his duty. Ambassador Keys owes us a better argument than the practically off the cuff argument in his article. Ambassador Keyes is not alone in his harsh criticism of Governor Bush, but I am not with them in this.
When Governor Bush moved the legislature of Florida to pass Terri’s Law it did so in two days. Arguably the Governor had sufficient constitutional power without passing a special bill. Under Article IV, Section (8)(a) of the Constitution of Florida 1968, the Governor has the right to grant pardons, restore civil rights, as well as other executive powers. Florida courts have abstained from becoming involved in this admitted matter of executive grace. The action taken by Governor Bush pursuant to Terri’s Law simply guaranteed to Terri her constitutional rights. The bill did not change any law that applied to her case; nevertheless, judges declared Terri’s Law unconstitutional.
Terri’s case has given the pro-life advocates much to be angry about, but it was not Jeb Bush who decided to starve Terri that was Judge Greer. It was not Jeb Bush who stood in front of cameras and told the world, as Terri was being starved to death, that she looked peaceful and contented, that was George Felos, the same attorney that outlawyered Pamela Campbell. Jeb Bush was not the one who gave Ms. Campbell awards for being an outstanding attorney, that was the St. Petersburg Bar Association. It was not Jeb Bush that refused to give Terri a new trial that was the Federal Bench That the National Guard is not marching in Pinellas County has outraged pro-life advocates more than what they view as judicial tyranny.
The power of the courts to decide whether or not life support should be continued or discontinued does not result from any inherent power of the government to order such a result. The decision is not even one to be made by the surrogate of the incompetent, only the court can decide if the facts and circumstances of the case meet the judicial criteria set forth in prior decisions and statutes. It is now proper therefore for Governor Bush, regardless of his personal beliefs, not to order the feeding tubes to be reconnected after a court of competent jurisdiction has ordered their removal.
The fallacy of Ambassador Keyes’ argument is that he fails to honor the rule of law, and he disregards the fact that while we can question Judge Greer’s decision, his was a court of competent jurisdiction. The parties were given due process according to each and every judge who considered the case, although I believe that in such cases a jury should decide; and, yes the process was flawed, but the order was issued by a court of competent jurisdiction, and in my opinion, it would be executive tyranny for the Governor to mobilize the police power of the state to contravene a lawful order of the court, no matter how much he may disagree with the verdict.
The authority of the court to order the removal of the feeding tubes from Terri Marie was based upon the law in effect at the time of that decision, but when the State Legislature passed subsequent legislation, the judge’s decision was at that moment in time in conflict with the law. Courts in such situations often grant injunctions that require compliance by either affirmative action or non-action. In fact in Terri Marie’s case the court did issue an order to remove the tubes, and then later, in compliance with a duly enacted law, the tubes were reinserted in order to maintain the status quo, and to prevent irreparable harm.
Terri’s Law gave the Governor the clear statutory authority to order the tubes to be reconnected, in doing so Governor Bush did nothing more than any judge in the judicial branch would have the authority to do. He acted responsibly and compassionately by using his executive power to enforce legislation. It is his sworn duty to uphold the constitution of the State of Florida and the Laws of the State duly enacted by the Florida Legislature pursuant to their Constitutional authority.
When Governor Bush ordered the doctors to reconnect Terri to life sustaining nutrients, he did not act arbitrarily, nor did the Legislature grant some special power to the Governor. The Legislature responded, as they should have to a public outcry by changing the law. Courts do this very same thing every day of the year in every State and Federal court. Courts make law when they decide cases, and when the tide of public opinion changes, their decisions change.
We have seen the courts overturn decisions that violated the civil rights of innocent people powerless to defend themselves against ignorance and prejudice. The collective conscience of a free people is embodied in every branch of government. The legislature that defines it, the courts that explain it, and the executive that enforces it. When government responds to the will of the majority, filtered through moral elected representatives, guided by tradition, and protective of the fundamental rights guaranteed by the State and Federal Constitutions, there is no greater institution. May God comfort Terri Marie and her family, and God bless Governor Bush. He has done all that is within his power.
I've only posted once, maybe twice, to all of the hundreds of Terri Schiavo threads because I didn't want to get into an argument with the people who think Jeb Bush is to blame in this fiasco. They won't change my mind and it's very evident that I won't change theirs. The thing that bothers me the most are the downright nasty replies made by some freepers against those that don't agree with them. The same ones that make the argument that you can't talk to a democrat or liberal because they always resort to "name calling." They're doing the same thing.
I have my own feelings about the Terri Schiavo case, and will do all that I can to see that changes are made so that something like this doesn't happen again. But I in no way blame Jeb or George Bush in this. If you want to blame someone blame Michael Schiavo....because until an autopsy is performed and the results are made known, he looks to be the one that is responsible for Terri's condition in the first place.
If you didn't like what Greer did, then vote him out of office. Wining about how bad a judge Greer is or how ghoulish Felo's is may make us feel better, but who will the next victim be? We need to get off our posteriors and get more involved with writing letters to the editor, carrying signs of protest, working on the campaigns of pro-life candidates. My point here was not to prise Felos or Greer, they were the instrumentalities by which the life of an innocent person was taken. Greer may have abused his decretion, and if he did and the appellate courts did not overturn his decision, then we have more work than we knew. The liberals are playing a gottca game with pro-lifres. The sooner angry conservatives mobilize to defeat liberal candidates the sooner we will get true justice.
AMEN, you got my point!
I know this has been an emotional issue, but I am dumbfounded at the number of people who have turned their frustration and anger toward the very people who have ben trying to do what they can about it.
Excellent Post Bump
Great post, thanks! Some of the posters to the Terri threads here are obvious "plants", intending on doing nothing but stirring up trouble and making conservatives, right to life supporters and FR look bad.
Please quote the passage of the Constitution that you believe gives Greer the authority to starve to death an innocent woman who is handicapped and can't speak for herself????
It's a description term, not the invective that I've seen by certain posters.
Do you object to my observation? Disagree? Feel theatened?
If you are suggesting that Jeb Bush is not a good leader because he is not calling out the national guard to capture and secure the building were Terri is dying, I disagree. And if that is what you are suggesting, the liberals will love you more than we love Zell Miller. If the pro-lifers like you were out there pounding the pavement working against the election and soon the reelection of Judge Greer, we would not be having this conversation. Pro-lifers who are being sucked into this liberal-driven agenda to bash Bush are ignorant of their surroundings.
The Declaration of Independence -- July 4th is still considered a National holiday:
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.Nature's God.We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
... And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
[Our] Creator.
Divine Providence.
All one and the same. One God.
Obey and Listen, we must, to His Majestic Orders.
To ensure Justice.
And to make Kindness and Mercy like a great light in every dark place.
And I stand by my observation that there are people who wait in the wings of FR for difficult issues and topics to arise in order to stir up trouble and make us all look bad. They eventually slink back into their holes. I've seen it too many times.
Until then we will simply have to disagree.
Agreed.
Well .. if you had bothered to check my page - I don't live in FL - but that doesn't mean that I cannot see a flawed judge. Greer didn't just abuse "his discretion" - he ignored legitimate testimony against Michael because it suited him - that's irresponsible.
Yes, we need to get more involved - and we need to be explaining to our congress persons that THEY HAVE AUTHORITY OVER THE COURTS (because those judges are appointed not elected) .. and I've seen congress people who DO NOT KNOW THAT - or if they do - they are saying that congress should not have gotten involved.
Pay attention. You said Jeb Bush was "damned if he does, damned if he doesn't." That is true of all leaders. The4y have to make tough decisions. No one should volunteer to be a leader and expect not to have to make tough decisions. All great leaders did.
Very good.
Perhaps insurance companies will force a wrongful death suit.
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