Posted on 03/26/2005 9:14:59 AM PST by Harry Jones
The governor shall take care that the laws be faithfully executed(Fla Const art1 sec1a) Judge Greer has ordered Jeb Bush to not follow the Laws of FLA. (See Notice of Filing Case No. 2D05-1455 (3/24/2005) at http://www.state.fl.us/cf_web/ ) Bush can not follow the judges order and the Laws of Florida simultaniously. He by definition is iether breaking law or the order. The Rule of Law requires Jeb Bush to Sweep aside the offending Motions through clemency in the Terri Schiavo case. Only then can he obey his oath. Judge Greer can not require Bush to break his oath to the constitution! Reverse Greer's Court March 23. 2005 Order to Enforce Mandate though a reprieve and allow Dept of Family Services to do its Legaly Required actions.
See Notice of Filing Case No. 2D05-1455 (3/24/2005) http://www.state.fl.us/cf_web/
Authority
Florida Constitution ARTICLE IV - EXECUTIVE SECTION 8. Clemency. (a) grant reprieves not exceeding sixty days http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A04S08
Florida Statutes CHAPTER 940 EXECUTIVE CLEMENCY 940.01 (1) Except in cases of treason and in cases when impeachment results in conviction, the Governor may, by executive order filed with the Secretary of State, suspend collection of fines and forfeitures, grant reprieves not exceeding 60 days, and, with the approval of two members of the Cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0940/ch0940.htm
Def: REPRIEVE, crim. law practice. This term is derived from reprendre, to take back, and signifies the withdrawing of a sentence for an interval of time, and operates in delay of execution. 4 Bl. Com. 394. It is granted by the favor of the pardoning power, or by the court who tried the prisoner. http://www.constitution.org/bouv/bouvier_r.htm
Reverse Greer's Court March 23. 2005 Order to Enforce Mandate though a reprieve and allow Dept Family Services to do its Legaly Required actions.
See Notice of Filing Case No. 2D05-1455 (3/24/2005) http://www.state.fl.us/cf_web/
The idea of an executive like either of the Bush brothers "pardoning" Terri has been bandied about for days now. I've asked the same question you've asked. It seems that it is a rhetorical question.
I didnt do it!! Nobody saw me do it!! :)
sorry for the last response, a bit of a flamewar developed on several threads....
And nobody can prove it~
im sure someone could.....
tsk tsk tsk, I'm going to tell on you!
God, please wake him up! To your glory!
Not every action is successful. I wish that Governor Bush's had been, and I would personally have preferred to see Governor Bush defy Judge Greer's verbal restraining order when Judge Greer ordered FDLE and DCF to stand down. But the governor's responsibilities are heavy ones also, and these decisions are not light ones for him.
As to the Governor being insulated by handlers, I personally do not believe that to be the case. As a politician, I think Governor Bush is a formidable one and that very much includes the human touch. From my very slight knowledge of his performance in the executive, I believe that he has overall done a good job.
uh ohhhh :)
except I didnt say that....
LOL, did you ever figure out that you were safer in Iraq than you are on some of these threads? Talk about incoming!
nah....here is it just words. However, misguided, words can't kill you :)
but yeah there is a ton of incoming on here, especially today.
Well, thanks for staying in there and fighting. I was beginning to think I was alone.
Nope.....not here :)
I got your back....
Do we blame bush for not acting? Of course he is to blame for not acting. I will never vote Jeb for high office if he cannot stand and hold the executive branch on a state level. He is 1/3 of the govt. of fla and can thumb his nose at the court. He lacks the courage to do so. His brother lacks the courage to do so also.
To allow this poor soul to die in this way is an abomination. They are in position to help her and if they don't then there isn't much use in having them in power over having anyone else in power. Bush should intervene on principle of seperation of powers alone, even if he wasn't moved by this girls plight.
He remains just another republican weenie in a long line of weenie's. At least the freakin democrats have courage of their convictions, even if they are wrong. Our side makes no good ground when we are in power. They barely hold the line and gimp about having to do that.
The battle is not to the weak, but to the strong. If you cannot run with the footmen what will you do when you are required to run witht he horses? Bye to bush for giving us nothing more than would have been given to us if clinton was gov of fla state.
When you say "what would happen is that the very same courts would say she had due process in the umpteen hearings we would have and issue a finding saying her civil rights have not been violated or something to that effect" Your missing the point --
Please read The statute at the top; ch940.01, 1 is executed by by executive order filed with the Secretary of State -- NOT the court -- No court review.
Please read The statute at the top; ch940.01, 1 is executed by by executive order filed with the Secretary of State -- NOT the court -- No court review.
Sorry, but you are quoting MikeinIraq, not me.
I am aware of the process involved. I was the one who suggested treating the clemency as relating to restoration of a civil right to life, which MikeinIraq responded to with the above quote.
Reference:
Thomas More Law Center: Schiavo Authority(PDF)
It has been reported that under the auithority of Governor Bush that FDLE and DCF were enroute to remove Terri BUT for reasons unknown decided to terminate the effort. WHY???
I have had my thinking cap on and would suggest that Governor Bush as executive is responsible for the common good of Florida and the protection of all citizens including Terri. As such, he is between a rock and a hard place... He does not wish an armed conflict between Pinellas Park police officers and FDLE -potential worst case scenario would be for several police and bystanders to possibly be killed and injured in an effort to rescue one innocent woman...
I would suggest that IF the Pinellas Park police officers were not there that Governor Bush would act. Additionally, IF Governor Bush had authority over the Pinellas Park police officers he would order them to stand down and he would act.
Therefore, in my opinion, the question is HOW can Governor Bush gain authority over the Pinellas Park police officers? Any ideas???
I saw it with my own eyes on Fox. Lanny Davis agreeing with Falwell over Terri's right to live.
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