Rule of Law requires Jeb Bush to Sweep aside Greer's offending Motions in the Terri Schiavo case.

Constitution

[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/

[MikefromOhio]

so what was Terri's crime that she is being granted reprieve for?

[sitetest]

"so what was Terri's crime that she is being granted reprieve for?"

Being disabled and having the temerity not to die on her own.

[MTOrlando]

It is hopeless. The governor does not have the guts required.

Plenty of justification exists for executive action. Failure to feed a disabled adult is criminal neglect under the Florida Statutes. If the criminal neglect results in death, it is manslaughter. The PVS statute does not rescind protections given to all disabled adults.

Removal of the feeding tube by court order is within the statutes. The court order against natural feeding is absolutely not.

So the governor has a decision to make. Obey the statutes enacted by the legislature, or obey the writ of mandamus issued by the court - he cannot do both simultaneously. It is obvious at this point which side he has taken.

[MikefromOhio]

get a grip.

what CRIME has terri been accused and CONVICTED of?

Don't give me some emotionally driven claptrap please.

[Harry Jones]

He is giving clemency from judge greers order. See Judge Greers order: Case No. 2D05-1455 (3/24/2005) at http://www.state.fl.us/cf_web/

[MikefromOhio]

that might buy her a day or two, but when the courts slap that down as it isn't technically an execution order, then what? It will have prolonged her suffering and thats about it....

[sitetest]

Dear MikeinIraq,

What crime indeed? What crime could someone commit that would permit death by torture?

That's a good question. Perhaps you will give us the answer, just what crime Terri committed that she should be executed by torture.

Your insulting language notwithstanding, whether it is objectively a crime or not (and you're right, it isn't), Terri is being executed for the perceived crime of being severely disabled.


sitetest

[MikefromOhio]

How about you calm down a bit.

and no I asked you what crime did Terri commit. She didn't commit any so as in THE CONTEXT OF THIS THREAD, this hope is just meaningless.....

and your emotional basketcaseness notwithstanding, have a good day.....

[sitetest]

Dear MikeinIraq,

I guess because you have little but misunderstanding and assertions, you have no alternative but to resort to insults.

Well, that's understandable.

Perhaps you might wish to respond when you can refrain from insults and actually post something that shows you understand that to which you're replying.

God bless you.


sitetest

[Harry Jones]

He is giving clemency from judge greers order.

See Judge Greers order: Case No. 2D05-1455 (3/24/2005) at
http://www.dcf.state.fl.us/news/noticeoffiling.pdf

on the Fla Dept Family Services site at
http://www.state.fl.us/cf_web/

[MikefromOhio]

LOL!!!

Amazing....

let me guess, neither Bush has your vote anymore because they are cowards right? please....

[GarySpFc]

I hate this as much as anyone, and I am angry. That said, this blaming Jeb Bush is very, very wrong. When top legal scholars like Judge Bork, Jay Sekulow, David Boies, and Lanny Davis all agree he does not have that authority, then your saying he does is at best a half-truth, and more likely a lie.

[snowsislander]

so what was Terri's crime that she is being granted reprieve for?

For what it is worth, in the list of powers of executive clemency, there is the power to "restore civil rights."

Under the U.S. Constitution (5th and 14th Amendment) and likely under Florida's Constitution, as an adult citizen Mrs. Schiavo does have a civil right to life. I believe that Governor Bush could restore that civil right.

[sitetest]

Dear Harry Jones,

You don't have to persuade me.

Obviously, he is giving a reprieve from the negative consequences of a murderer's orders. One doesn't need to have committed a statutory crime to be given a reprieve from an unjust order.

Thus, the premise that Terri must have committed a crime to be reprieved from the consequences of a murderer's judgment is a false premise.

But, I was trying to make another point, which is that the effect of all this is that Terri's severe disability has been effectively turned into a crime. Certainly, Michael Schiavo's attorney, Mr. Felos, views her disability as a crime. He is in tight with the Scientologists, it seems, and they clearly view the severely disabled as having brought disability on themselves, as having committed some "crime."

Michael himself, who it seems likely actually caused his wife's condition, probably views it as a crime that she hasn't died already. Many have publicly stated that they have heard Michael say similar things. He hasn't sued them for libel (I know I would if someone said stuff like that about me), I can only assume it's because it's true.

And many people, even many so-called "conservatives," have treated her severe disability as a "crime," or at least as being a thing so horrible that it cannot be any longer tolerated, and she must die for it.

Here's a little bit of insight as to what's really going on:

http://www.freerepublic.com/focus/f-news/1370563/posts?page=27#27


sitetest

[MikefromOhio]

and maybe delay her death, but at this point, it would only prolong her suffering...

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....

doesnt mean its right. But I think it's time for us to figure out a way to prevent this from happening again....

and for the citizens that voted in Greer in Florida to start looking for a candidate to beat him next cycle....

[kingattax]

Impeach Greer


http://www.petitiononline.com/ijg520/petition.html

[sitetest]

Dear MikeinIraq,

What an unsupportable thing to infer to me. Perhaps you should reconsider who is need of "get[ting] a grip."

President Bush isn't eligible to run for any office for which I will ever be able to vote. Gov. Bush is governor of a state in which I don't live, and he has stated that he definitely will not run for president.

Thus, neither President or Gov. Bush will ever have my vote, because I will never be eligible to vote for them in any election.

Therefore, one of the premises of your query is false, which is that I will ever actually have the opportunity to vote for either man, and thus could actually withhold my vote from either man.

To your second point, I'm not sure I'd call them "cowards," but they have shown themselves unwilling to use their executive power to save Terri's life. And for all their pro-life bleatings, this shows that they are just ordinary politicians, just trying to survive.

I understand that.

But I don't admire it or hold it particulary good or noble.

And regrettably, the effect of their failure to act is to further cement a pernicious doctrine of judicial supremacy.

Thus, my objection to their failure to act is not merely that it will cost an innocent woman her life, but that I believe, in principle, that it further erodes our constitutional order.

But, hey, if you're a judicial supremacist, then you're likely to disagree with my analysis.

Now, can you respond without any more insults?


sitetest

[MikefromOhio]

I see the DUmmie trolls have gotten into that petition pretty good....

Good luck....I hope it works out....