Posted on 03/26/2005 4:41:53 PM PST by Harry Jones
After hearing 1egal argument and being duly advised in the premises, the Court ruled that the executive and judjcial branches of government are separate but equal and that the executive branch is not superior in the area of judicial matters.
Page3 From Judge Greer's Order against Fla Dept Family Services!
http://www.dcf.state.fl.us/news/noticeoffiling.pdf
(Excerpt) Read more at state.fl.us ...
When all is said and done, the Bush brothers decided to stand up to the courts and then backed down. This has given the courts more standing as it set a precident. Now we know for certain that the courts are supereme over the the legislative and exacutive branches of government...
If you think America is stronger after this...I don't know how.
Jeb needs to go in with the national guard. And a tank or two. Standing on the legislation that the legislature wrote. The court can't do squat to him, he has to answer only to the legislature, which is likely to have more mercy on him than these kangaroos have.
Florida's judicial system, what a mess it appears to be;
from it's State Supreme Court on down.
In fact she may be ashes before anyone outside the hospice knows she's dead.
I think you are right on this one...she could be dead right now and we wouldn't even know. bAlso a good way to stop any investigations.
You'd think somebody would be planning on an injunction or something to make sure there's an autopsy. I'd bet hino has a van out back waiting to whisk the evidence away the minute she stops breathing. Even a clip of her hair might help.
It would have to go through Greer. Fat chance of that happening. He is El Presidente of the Banana Republic of Florida now.
Yes they could - they could break the law - which is just what these judges and the leftists and dem pols are hoping to force them into. So - they break the law, and at least Jeb is arrested as there is already a court order standing to do this. So he gets arrested and then the impeachment circus begins - same with Pres Bush =
Now, in Florida, the legislature already voted down Jeb's bill to save her - (do you remember that he managed to do this in 2003 - he got a bill passed then when she was being starved - and got her tube put back in ...which is why she's still here. But the courts threw the Terri law out, giving them the go to do this all over again.)
Jeb tried to get another law passed, the legislature voted it down.
Jeb had the state officials, last week, on the way to grab her from the hospice - someone snitched to michaels lawyer and Greer and they got an emergency court order passed to stop it. the only way they could have gotten on the ground of the hospice would have been a shoot out - and they would't have gotten Terri anyway as the police surrounding the hospice had been given their marching orders.
Back to impeachment - the Florida legislature voted against Jeb's bill to save Terri - think they wouldn't grab the chance to impeach.
as to Pres. Bush, there would be such chaos as the drooling liberals made a three ring circus over impeachment proceedings - even if they had no chance. It would tie up the rest of his term, turn back much of what he has managed to do to make the world safer with countries turning to democracy - etc. The whole county would be at the mercy of the jackels around world for the next 3 years ...
So the question is, have you not thought this through, are you really a sheepskin draped leftist wolf, are you just so upset you're not thinking straight - or are you grey-mattered challenged?
- James Madison, Federalist Paper 51
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“...Particular misconstructions and contraventions of the will of the legislature may now and then happen; but they can never be so extensive as to amount to an inconvenience, or in any sensible degree to affect the order of the political system. This may be inferred with certainty, from the general nature of the judicial power, from the objects to which it relates, from the manner in which it is exercised, from its comparative weakness, and from its total incapacity to support its usurpations by force...”
- Alexander Hamilton
Federalist Paper 81: The Judiciary Continued, and the Distribution of the Judicial Authority
======================
The Federalist No. 51
The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments
...If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions...(snip)
In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself...(snip)
...In republican government, the legislative authority necessarily predominates...(snip)
Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger...(snip)
---- James Madison
Fact is that a constitutional crisis could have been provoked, not to mention the local police standing up to the those that Jeb would send to seize Terri. What then? Perhaps a shoot out?
That would really raise Jeb on your estimations. He'd be impeached or simply kicked out of office, the backlash would be nothing short of huge, but Piers-the-Ploughman, would be just thrilled to bits.
And Terri would still be starving. Reality sucks.
The three branches of government are all equal....but some are more equal than others.....Judge Greer.
Somewhere among the bazillion Schiavo threads, there was mention of a Impeach Greer petition.
You may be able to find it by doing a Google search.
Every legal professional that I have heard interviewed on this case, has said that the DCS cannot contravene the Judges order. Can't always go in 6-guns ablazing.
I assume the professionals are thinking of is the interface between the executive and judiciary, and of course the court claims the crown. But if an actual executive defiance of a court occurs, it's the legislature which is charged with judging that executive. If the legislature is sympathetic, they won't impeach.
I hope that after given some time to recover a bit - the Schindler family will bring a wrongful death suit against that POS husband-in-name-only.
In such a civil case, a lot more information can be brought into evidence. If he's hoping to get everything covered up - he has a rude awakening coming -
And maybe a lot of people who are now thinking Terri's better off gone - will get a wake up call too -
The legislature has already shown that it not supportive by voting down Jeb's bill.
I suspect you may be right. I'm expecting it to be immediate, at least thats what I've heard will happen. There's a reason they want her cremated, I really can't see it happening any other way. All 3 of them have run the show ever since this thing started. They have a lot of stuff thats been covered up, I just hope it comes out, all of and Terri's death won't have been in vain. Nothing would please me more than to see "it" socked to all of them. In a half joking way I said to my husband earlier, that it was too bad the FBI caught the guy who was trying to get them. I'm sure I wouldn't shed too many tears. LOL.
All joking aside, I hurt for Terri and her family and have done so since day 1. She doesn't deserve to die and they don't deserve to lose their daughter and sister. A dr. on Fox said about a half hour ago, that he believes she could improve and an EEG needed to be done and in a half hour they'd know for sure if she was PVS or not. But thats the rub, they DON'T WANT TO KNOW, or rather they don't want anyone ELSE to know.
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