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Jeb Bush Did All He Could Legally Do
http://newsmax.com ^ | Wednesday, March 30, 2005 | Phil Brennan

Posted on 04/02/2005 9:25:17 AM PST by RedBloodedAmerican

"If Governor Bush wants to be the man that his brother is, he needs to step up to the plate like President Bush did when the United Nations told him not to go into Iraq," said Randall Terry, founder of Operation Rescue and an advocate for Terri Schiavo. "Be a man. Put politics aside."

Pardon me, but what would Mr. Terry have Jeb Bush – or, for that matter, his brother the president – do beyond what he has already done? Both men did everything within their legitimate powers to stop the judicial execution of Terri Schiavo. They were stopped by an out-of-control judiciary and constitutional limitations on their official duties.

In working with Congress to exercise its legislative authority in the case by transferring jurisdiction from the Florida courts to the federal judiciary, the president went out of his way to craft a solution to the gut-wrenching tragedy unfolding in Florida. He was stymied in his efforts to come down on the side of life, as he put it, by both the Florida and federal courts. Both he and the Congress found themselves facing a vexing question of state vs. federal rights.

Moreover, the federal courts given jurisdiction by Congress simply stepped aside and sided with the state courts, putting their stamp of approval on a judicial record shot through with the most egregious errors and omissions.

At that point no president subject to the Constitution had any authority to prevent the obscenity being perpetrated by Michael Schiavo with the enthusiastic backing of Judge George Greer and his judicial cronies. George Bush had run out of options.

There are those who would have had him apply the full power of the federal government, using armed force to wrest Terri from her executioners. Nothing would have delighted me more, but we live in a nation governed by the Constitution and there is nothing in that document that would permit such an action.

And had he so acted, the consequences would have been almost as politically explosive as President Lincoln's attempt to resupply the Fort Sumpter garrison, which started the shooting in a bloody war that would kill 600,000 Americans before it ended.

Florida's Governor Jeb Bush weighed in early on the controversy, seeking to protect Terri from her husband and all those right-to-die fanatics who had mounted an unholy crusade to kill Terri Schiavo and use her death to advance their cause. After the Legislature passed and the governor signed what came to be known as Terri's Law, the courts stepped in and quashed it as violative of the Florida constitution, and the matter was back to square one.

Faced with Judge Greer's order to cut off Terri's nourishment and hydration by removing her feeding tube – an order that was in reality a judicial death warrant – the governor sought to have the Legislature step in again and pass a law that would have saved Terri's life. He won the support of the Florida House but ran up against a stone wall in the Florida Senate. Despite the most vigorous lobbying, Jeb Bush was unable to move the Senate.

He then attempted to use his executive authority by having the state agency charged with protecting the disabled to take Terri into its custody and reconnect her life-giving feeding tube despite Judge Greer's prohibition against such an act. He went so far as to order state officials to seize Terri but found himself facing local police and sheriff's deputies who swore that they would resist. What was looming was a potential shooting war between local and state police.

Despite that real possibility, some of Terri's more belligerent supporters insist that Jeb Bush follow through and use force to free Terri. They ignore the possibilities inherent in such a confrontation between bodies of armed men.

According to those who know Jeb Bush, a deeply religious Roman Catholic, he is appalled by the spectacle of a court deliberately violating Terri's religious and civil rights and the ordeal to which she is being brutally subjected. In addition to the anguish he feels over Terri's ordeal, he is tortured by his inability to do anything to save her beyond praying and calling on the people to pray with him.

When the secular forces who targeted an innocent woman in pursuit of their immoral political agenda have gotten their wish and Terri is in a place where they can no longer reach and torture her, Jeb Bush will have an opportunity to see that the rampant corruption endemic in this case is vigorously investigated and those responsible for this atrocity are prosecuted to the full extent of the law they so wantonly abused.

That's when we need to hold his feet to the fire – not now, when he is powerless to do what he and so many of the rest of us so desperately wanted done.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; News/Current Events
KEYWORDS: bush; sciavo; terri
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To: Dane

Since it is difficult for me to financially afford the flight to DC I made my views known to both the Whitehouse and The Gov's office via email and phone.


101 posted on 04/02/2005 11:11:33 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: UnbelievingScumOnTheOtherSide

Did you read that EO from 2003? What does "one time" mean?


102 posted on 04/02/2005 11:14:18 AM PST by RedBloodedAmerican
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To: Leatherneck_MT
Since it is difficult for me to financially afford the flight to DC I made my views known to both the Whitehouse and The Gov's office via email and phone

You did, more power to you, but instead of going on a Bush bash orgy, maybe just maybe put the blame where it belongs, an arrogant and corrupt judicial system.

103 posted on 04/02/2005 11:14:46 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: RedBloodedAmerican

Yes he is

I Solemnly swear to Uphold and Defend the Constitution of the United States agains ALL enemies, foreign AND domestic.

Amendment V to the US Constitution clearly states.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Terri was executed publicly without Due process.

He violated his oath by failing to upload that Amendment in MY opinion. No other Law in the Land can trump THAT RIGHT!


104 posted on 04/02/2005 11:16:13 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: UnbelievingScumOnTheOtherSide

Seen it, read it. Greer, although I dont agree with him, ruled in accordance with law based on doctors testimony.
The laws need changing, the doctors need to e held accountable. How you can go from a Judge who rules within his boundaries (even if I didnt like his ruling or agree with him) to blaming the Governor?


105 posted on 04/02/2005 11:16:38 AM PST by RedBloodedAmerican
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To: Wild Irish Rogue

I agree a swallow test should have been ordered on her again. Although Greer ruled based on an earlier swallow test. Even tho I don't agree with his ruling, he had the right to do so within the law.

Again; not Jeb's fault.

Change the law, change the lawyers.

The schindlers lawyer sucked, period. and so did their "spokesperson".


106 posted on 04/02/2005 11:19:43 AM PST by RedBloodedAmerican
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To: Leatherneck_MT

Oh, okay.

I didn't know Terri had committed a crime. That changes everything.


107 posted on 04/02/2005 11:20:33 AM PST by RedBloodedAmerican
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To: RedBloodedAmerican

At the very least, he could have done for Terri what he did for Amos King.

King was found guilty of the murder of 68-year-old Tarpon Springs resident Natalie Brady 25 years ago. He was caught in bloody clothing, trying to slip back into a work-release prison from which he had escaped.

"I take this duty very seriously," Jeb Bush said. "It's not an easy thing to do. I want to make sure that if there is the chance of some evidence that might yield a different result that it would be looked at."

Jeb Bush chose to invoke his powers as the Governor of the State of Florida to to overcome the court ordered execution of a monster and and yet, he chose not to use that same power to overcome the court ordered execution of an innocent woman.

soldierette's Mom


108 posted on 04/02/2005 11:21:08 AM PST by soldierette
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To: isthisnickcool
Jeb Bush was like a man that sees a child drowning in a lake but sees a sign that says "no swimming" so he points to the sign and says "sorry, can't help ya".

Precisely.

109 posted on 04/02/2005 11:26:52 AM PST by nicmarlo
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To: RedBloodedAmerican

Greer and SCOFLA ("Scofflaw") invalidated the 2003 law and executive order without any real constitutional basis. Therefore the 2003 order was still in force and should have been enforced. Then DCF was compelled by law to act but was forbidden by an unlawful order from Judge Greer subsequently upheld by Scofflaw, sure that the governor would avoid a "constitutional crisis" at all costs.


110 posted on 04/02/2005 11:30:15 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: RedBloodedAmerican

Your actual citations, as well as Phil Brennan's, are remarkably thin. It sounds like you have a conclusion you want but are unable to articulate a defense for it.


111 posted on 04/02/2005 11:34:27 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: Graymatter
This is hardly one issue for me. It's pro-life, anti-euthanasia, and the restoration of the balance of powers. It's being against globalism, against Ginsburg's unwarranted consideration of foreign law and opinion, against the LOST and the tide of illegal immigrants. The Schiavo disaster was just the last straw. I was way right before, now I'm extreme far right.

Not being judgmental. But it does take you out of the decision making mix, as I'm sure you understand. Just curious, is there a political party you would consider?

No idea, not a clue, who passed around the memo making everybody back off the Schiavo case. I just know somebody did.

Again, no sarcasm intended, but how do you know? Did you see a memo? I can't for the life of me see any earthly power that could that directly influence the president, leaders of both houses of Congress, the judiciary and a state governor. If you know, there must be some information there. Thanks.

112 posted on 04/02/2005 11:34:55 AM PST by MACVSOG68
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Comment #113 Removed by Moderator

To: Andy from Beaverton
"I'm sick and tired of all the fools who say they can't vote for Jeb because he didn't go beyond the law."

That's quite convenient considering that we're now at the point where the "law" is whatever liberal judges say it is.

114 posted on 04/02/2005 11:44:14 AM PST by Reactionary
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To: Reactionary

http://www.theinterviewwithgod.com/popup-frame.html

This website may help those disturbed over Terri's murder.


115 posted on 04/02/2005 11:55:58 AM PST by Theodore R. (Cowardice is forever!)
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To: RedBloodedAmerican
I'm not in the least bit surprised that Governor Bush felt bound by the court's orders. Traditionally, our politicians scream and yell and hint that they may not comply with court's orders, but in the end we can usually count on compliance. Truman gave back the steel mill he seized; public schools were integrated; Nixon turned over the tapes, etc., etc.

"Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." - Alexis de Tocqueville (1838) Rightly or wrongly, it's just the way we've ordinarily done things in this country.

When there exists a conflict between the branches of government, the initial question is always "Who decides?" And, if the question is asked of a court, the court's answer is usually pretty predictable.

But the question of "who decides" really begs the question. That's why we always hear, "Wait a minute - who decides who decides?" LOL. And that's just one of the reasons that this is such an interesting place to live. ;-)

116 posted on 04/02/2005 11:58:04 AM PST by Scenic Sounds (Sí, estamos libres sonreír otra vez - ahora y siempre.)
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To: Scenic Sounds

UnconditionalLOVE_1.pps (0.70 MB)

This website may explain why so many Americans were comfortable with the murder of poor Terri Schindler. Readers may or may not be able to open it. And the site is not about Terri directly.


117 posted on 04/02/2005 12:00:33 PM PST by Theodore R. (Cowardice is forever!)
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To: MACVSOG68

Would it have been Karl Rove who sent the memo urging that the powers-that-be back away from Terri's murder?


118 posted on 04/02/2005 12:02:05 PM PST by Theodore R. (Cowardice is forever!)
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To: hiredhand

He could resign.


119 posted on 04/02/2005 12:03:24 PM PST by freecopper01
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To: Theodore R.
Would it have been Karl Rove who sent the memo urging that the powers-that-be back away from Terri's murder?

Well, anything's possible, but a couple of points. First, I doubt that Rove has that much power. He may have sent a memo (assuming one exists) urging caution before treading in uncharted waters, though, which may have given those recipients pause.

Secondly, if the charge is murder, it would seem to be a state not a federal issue.

120 posted on 04/02/2005 12:14:21 PM PST by MACVSOG68
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