Jeb Bush - Damned if you do - Damned if you don't

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.

One day a State passed a novel law. It legalized the taking of someone else's car without notice to them if (1) the was parked in a public lot (2) the keys were in the ignition and (3) no one else was in the car. Whoever could take it under such conditions would keep it. The public purpose was clear.

Car stealing had become epidemic. And this was a most reasonable way to deal with the problem. Car stealing was reduced -- at least no one stole idling cars at convenience stores anymore. Even when they did they didn't -- it was no allowed. But everybody stopped letting their car idle anymore, and shut the engine off, pulled teh keys, etc.

Everyone from the elite and rich poobahs on down to multi-racial but poor gollywogs cheered, and all though ver highly of themselves. A social problem had been addressed and solved.

Well -- in that state winters were freezing and falls and springs were cold. People had left their engines idling for good reason. With the new rules folks had to make adaptations. Some got up ten minutes earlier to get out and let their vehicles warm up, some didn't bother such extra warm-up and their engines had to bear cylcing on-off when cold. A few just stopped stopping at the local convenience store. Inconvenience one way, extra repair expense another, and a few less economic transactions a day the other. But the law is the law.

The local cops came to love the appearance of new residents and visitors from the warmer south, for they'd always be leaving the car idle on cold days. An easy ticket. A sense of empowerment, and extra revenue. Not too welcoming. But the law is the law.

Now all the engines being restarted produced extra special emissions on those cold mornings before the catalytic convertors got warm, and air quality went down. But the law is the law.

And a class of tricksters developed, employing all sorts of ruses to get folks to leave their cars -- just for a moment, but that was good enough. A valuable booty. And adept and rich they became -- that is after some initial troublements for a year or so.

You see some folks fought back to such takings, and their was some bloodshed. But the law is the law.

Served a public purpose, and very reasonable too.

To minimize such bloodshed, all weapons were outlawed in cars or carried by drivers. That worked well too. Sure some protested -- but the less guns the better. And the law is the law.

The new industry -- that of taking cars had developed and was a lucrative trade. The state economy improved! And the industry hired lobbyists and groomed politicians and political favor -- being as it was an industry created by a law. And the law is the law.

Refinements to the takings were developed. To improve the economy! Despite the booming takings business, it seemed the rest of the lollygaggers in the state were not quite pulling their weight. Transportation related costs were high for other industries and businesses, the air quality was poor and drove up health care costs. But the solution was to further benfit the one economic dynamo in that bleak economy. More takings!

One law improvement allowed billing the taken-from for any repair expense needed to bring the taken cars up to showroom condition -- good for business, quaility stuff! Another law development allowed more aggressive takings from out-of-staters. Especially vacationers. Why? Because when vactioners were careless with their property obviously that wuld encourage theft, so the remedy is to remove that risk by removing the porperty. Makes perfect sense! And the law is the law.

Well, some years went by and the whole state collapsed. No one ever dared venture into or near that state, and everyone who wasn't a taker moved out, and never looked back.

So the takers started taking from each other, got into horrible fights and all ended up slaughtering each other in those fights -- for takers WERE allowed, by law, to carry weapons -- it was mandatory. And the law's the law.

The last three ended up dying from starvation, alone and poor at opposite ends of the state. But they all obeyed the law to their dying day. For the law is the law.

Well, that emptied the state of any sentient, reasonable, law-abiding life, and that whole state and all it's idiocy was eventally forgotten by everone else on earth -- for none wanted to think about such dimwits who so honored the "law".

Forgotten and empty, that state even disappeared from all maps, histories and records ever published. Even the ink was ashamed of remembering it.

fyi for cubreporter 'et al: It's not over. Terri's Legacy grows.

And whose fault was it? Include Jeb Bush 'et al.

#114 - higher law - as expressed in The Declaration of Independence -- July 4th is still considered a National holiday!

#132 - Excuses excuses. (Jeb Pilate and the Republican Congress: Stood by while someone died)

Tick tock what is the holdup?

1,109 posted on 03/23/2005 3:04:27 PM PST by keysguy

Of course, we also know that the prominent Democratic Leaders continue to be dunces and hypocrites on the principle of right to life .

(A "Thank You" to those few Dems who 'helped' Terri)

~ ~ ~ let us murder you, so then we can apologize to your corpse ~ ~ ~

#138 - Must Read Bump!

#145 ThUMP! - 'Color US stupid'

ThUMP! (or Ter-ump!) is a Terri-BUMP!

The buck stops when the innocent life is saved.

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