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To: Mrs. Don-o
I'm sorry. A judge isn't part of "the government"? And you think a county probate court is authorized to issue a death sentence on a citizen who has never been convicted of a crime? On the basis of --- what?

And there you hit on the major problem I had with the case and frankly, the way Jeb handled it. We had a probate judge issuing a death sentence. I doubt seriously the founding fathers thought probate judges would ever wield such power. What the founding fathers did recognize was that judges would make mistakes from time to time and that no judicial system was perfect in correcting those mistakes. That is why they granted to the chief executive one and only one power of the monarchy, the power to pardon.

Think about that. Of all the trappings of the monarchy that were purged during the design of our Republic, that was the only one the people thought had great value. And they copied it from the Federal Constitution to the State Constitutions. Jeb should have approached it from that angle, that he had the constitutional authority to grant a pardon from a death sentence issued by the judiciary and the power is absolute. That technology managed to place in the hands of a probate judge the power of life and death therefore also placed that judge's life and death decisions under the pardon review of the Governor.

When the baby boomers begin to experience the quality-of-life decisions suddenly being handed down at a pace eerily matching the withdrawal and attempted redemption of those "bonds" from the SocSec lock box, they will understand why the Schindler-Shiavo case was important to them.

105 posted on 03/11/2007 8:17:20 PM PDT by NonValueAdded (Prevent Glo-Ball Warming ... turn out the sun when not in use)
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To: NonValueAdded
"That technology managed to place in the hands of a probate judge the power of life and death therefore also placed that judge's life and death decisions under the pardon review of the Governor."

It would have been worth a try, anyhow. Anyone who took an oath to uphold the Constitution of the State of Florida --- but most of all, of course, the Governor, who held supreme executive power, including the power to pardon ---should have tried.

498 posted on 03/12/2007 11:01:58 AM PDT by Mrs. Don-o (The brain: the most complex object in the Universe, other than the Universe itself taken as a whole.)
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