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To: DaughterOfAnIwoJimaVet
He says he's not in that position. Now, either you know more about the law than his legal team (and I don't think you'd claim to), or you're calling him a liar.

I am not going to comment on his legal team. At this point I am not willing to call him a liar, but he is quite possibly being misguided by his advisors.

The Florida Constitution charges him with ensuring the laws are faithfully executed. I have already demonstrated how he can use this authority to send in the national guard.

His other constitutional responsibility is to abide by a writ of mandamus issued by the court. A court order has been issued instructing him to stay the heck out of this matter entirely.

So, the question is, which is the higher responsibility and where will he be judged? The assumption is that his actions will be judged by the judiciary, and he cannot afford to defy them. This is a purely political calculation, nothing more. The proper constitutional forum for resolving this debate would be in the legislature, but it should be obvious to you that the courts will not hesitate to claim jurisdiction over the matter.
863 posted on 03/25/2005 11:05:35 PM PST by MTOrlando
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To: MTOrlando

Very good analysis. JB is still in a bind and I would not want to be in his shoes.


927 posted on 03/25/2005 11:21:11 PM PST by northernlightsII
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