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.
The problem I have with what's happening is that we take better care of money. If there's a dispute about money, the court puts it into an escrow account until all parties are heard. How about putting Terri into escrow somewhere where she won't die by default.
I wasn't questioning his salvation. I'm not sure if you are questioning mine. But you are correct and I apply that very litmus test to myself. Contrary to modern theology, it is good to question our own salvation.
I don't question another's unless there is persistence in known "open" sin; then we don't have to question, the fruit speaks for itself.
Of course one can be living in "secret" sin and we think they are saints. On the day of judgment, there will probably be many who we don't expect to make it who do and many others who we thought were shoo-ins who won't.
This is all interesting theological discussion but the fact remains: an innocent woman is being systematically murdered in a cold, ruthless fashion and many are hiding behind decorum and sophistry.
Jeb Bush signed a law that expanded life support to include Hydration/sustanance.
I believe it was in 1999. Felos was involved IIRC.
But if you can imagine, I am so disappointed in the system, and I waited far too long for something rational to come of it.
Good luck tracking it down. I'm sure an easy search will show it. If you really need it, I'm sure I can track it down again. But I am really tired.
Everyone has left the Terri Schiavo story. But she is still alive.
You have no idea how that makes me feel. If you do, all the best!
DK
Good stuff. :)
Fully supported by Felos and Greer - I presume ..??
I think Judges are all pro death of the innocent since the abortion fiasco.
The innocent must die fast, the guilty get an additional 20 years of appeals.
I'll tell you .. America is on the brink of a huge change - and at this point it could go either way. I pray GOD will have mercy upon us and heal our land.
Farwell and the Pope on feeding tubes at this exact moment seems interesting timing.
Maybe God is trying to say something to us?
Forget all the "rules of law," forget all the police state, etc. We are a moral people and if we cannot act when an immorality of this level is being carried out right in front of us, (God knows how many are carried out without our knowledge) then heaven help us we have sold our souls to the devil. This nation was founded on the basis of caring for one another. We created families then cities, then states, then a federal government and look where it has brought us. The people have spoken through their congressional representatives and the courts have told us to go to hell. "We the people..." no longer exists. Now, it's "we the courts."
Yeah .. I've been thinking that too.
From here in Iowa I haven't been able to keep up to date on the Florida seven. Have any of them been voted out? Have there been any serious efforts to remove even one of them? If not. than the now well organized Florida protesters have themselves to blame for their past inaction. They could have joined with conservative and GOP activists of many sorts - not just those motivated by pro-life issues - and convinced the voters to change the court and thus could have saved her.
I am afraid that this is something that is not longer allowed here. This is upsetting....
That's what it means to be a leader. If you are volunteering for the job of leader, don't complain when you have to make tough decisions. That's part of being a leader.
Sorry. No sale.
Well said.
Frankly I think the buck stops with us. We've allowed the legislative and executive branches to abdicate their responsibilities over the last 40 years and we haven't punished them or raised a ruckus. I think both the Bush's are good men and it's not reasonable to expect them to grow a spine in this regard overnight.
For example; President Bush signed CRF saying that the courts would fix the unconstitution parts. Huh? He, along with the rest of our elected representatives swore an oath to protect and defend the constitution yet he signed it any way while saying parts were unconstitutional!
Again, I think they're good men, we the voters, either on purpose (in the case of liberals) or through ignorance or timidity, have allowed our republic to be sold by professional politicians that have allowed the "weak sister" of the three branches to take over.
We need the balance the framers designed restored. The question is are we willing to do the heavy lifting because it's not going to fix itself.
"The Constitution . . . meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch." - Thomas Jefferson
When "somebody" had a chance to tell the corrupt courts, and Judge Greer in particular, to go pound sand, "somebody" decided instead to shrug his shoulders, hold up his palms, and say there was nothing he could do. "Somebody" was the Governor of Florida and he was backed down by a stinking county probate judge. God help us all.
All the excuses, all the parsing of words, and the wringing of hands, and the flipping through law books, consulting with lawyers, filing appeal after appeal after appeal, and passing new laws (or trying to), does absolutely nothing to save the fellow human being who is, right before our eyes, being systematically and barbarically murdered by order of the courts. It is excruciating to watch, day after day.
A leader needed to step up, take real action, and simply get it done, one way or the other.
But nobody showed up.
Meanwhile....
Re-read my post. It ain't just the chief executive that doesn't agree with the court ruling----IT IS ALSO THE LEGISLATURE. Thus a majority of the three branches of government has decided on one position, and the third branch is flouting it.
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.