[topher]

Yet another Terri Schiavo thread, but this deals with the constitutional aspects and from a notable source.

I posted under "Constitution" because of the issues there as well as under "Government" and "Florida".

Admin Moderator can remove from topics if appropriate.

For those who are getting so emotional over Terri Schiavo, please allow for a good, informed discussion on this.

I think the author makes some good points that should be aired...

[hedgetrimmer]

Interesting article. Thanks.

[G.Mason]

And I think the author believes we have a democracy and are not a representative republic.

I presume that means we both think.

[mrsmith]

But this order is not dependent on the Executive for action. If it were he could pardon Terri.

The only time in our history (AFAIK) that a President actually took action against to oppose a judgment of the Supreme Court was when Clinton perjured and manipulated the Paula Jones case after a unanimous Supreme Court said "respondent has a right to an orderly disposition of her claims"

He was rightly impeached.

[Leatherneck_MT]

I might add that it is high time that people in positions of authority, when given orders such as this by the courts, have a Moral Obligation to IGNORE THOSE ORDERS!

"I was just following orders" was not a defense in Nuremburg and it is no defense now.

The Police officers who are standing armed guard outside that hospital to prevent people from trying to feed her manually. The doctors and nurses who stood by and did NOTHING while that tube was removed, or actively participated in that procedure are just as guilty as Greer, Michael and Felos in this woman's murder.

People, keep in mind you have ZERO obligation to follow an illegal command from anyone in any position of authority. Murder by starvation IS an illegal order. Period.

[verity]

Dear David Quack:

Did you ever consider that Jeb has his own team of advisers who may have more formidable credentials than yours?

[Sola Veritas]

I just sent the following email to Governor Bush:

Dear Governor Bush:

Sir, it is my belief that as "Chief Magistrate" of the State of Florida, you have the moral/Biblical authority to act in an extraordinary fashion, outside of what is currently thought to be your powers, to rescue the life of Terri Schiavo.

The Judical Branch of Government has become too detached from reality and is out of control. They no longer practice the "Rule of Law" but instead the "Rule of Lawyers." Here you not only have a moral obligation under God to act, but a constitutional one to restore balance to the three branches. Extreme circumstances call for extreme action.

You will, of course, be lambasted and vilified for doing this, but you will be right in the eyes of God. I think that matters to you. I also think that in time, after the dust settles and the facts fully reported, you will eventually have the gratitude of your countrymen.

I am therefore pleading with you to use Executive Power and order law enforcement personnel under your control to take Terri Schiavo into protective custody, to sustain her life, in defiance of the courts. I know this is a difficult thing to do, but I think you are up to it.

With respect and prayers to sustain you,

Name withheld(here)
Midwest City, OK

P.S. I also think you should call upon the President of the United States to also exercise extraordinary executive power. The Judiciary has ignored the intent of the Congress of the United States and President. This must end.

[o_zarkman44]

The family from both sides went to the judiciary to interpret the laws and the laws were interpreted accordingly. It is unfortunate that the side that disagrees with the rulings they sought, is not willing to accept the decisions because it wasn't ruled in their favor.
So now they blame the judicial system who are just doing their job of interpreting the laws as written.
It is unfortunate that society thinks they have to take issues all the way to the Supreme Courts and still cannot accept the laws of the land.
It is not the job of the judiciary to appease people with agendas, but in some recent cases it appears that indeed is the case. But does that make the judiciary corrupt as a whole? I don't believe so. However it is easy to point out a handful of rulings from various Circuits and assume the entire process is corrupt. This court has ruled on individual rights as opposed to states rights. And generally the court will always favor the individual right and not the right of the collective. Agree or disagree, someone will always be upset with a ruling and that is the way it always will be.

The pressure placed upon the Judiciary has to be immense and I wouldn't want the job. The Judiciary is not a popularity contest.

[mikeus_maximus]

This is basically what I discussed with my wife this morning. Jeb Bush has the power. Right now he's having to chose between a skewering by the media and probable political suicide, vs. doing what's right and conscienable.

Let's hope he decides correctly... and soon.

[watchdog_writer]

Here is Judge Ed Carnes of the 11th Circuit panel saying:

"... if Alabama Chief Justice Roy Moore's Ten Commandments monument were allowed to stand, it would mean a massive revision of how the courts have interpreted the First Amendment for years."

This leftist judge decided not to consider Terri's case.

[Law]

When you call Gov. Bush, ask about the following:

I did a google search on "Florida law adultery criminal" and found a web site that claims that under section 798.01 of the Florida code that:

"Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." Reportedly, punishment for a misdemeanor of the second degree can be up to 60 days imprisonment.

If Jeb Bush really wants to help Terri, why doesn't he direct Florida law enforcement to arrest Michael Shiavo under this standard and while he is in jail (even overnight before the bail hearing) have, or petition to have, a new guardian appointed, perhaps on the basis that Michael can't do the job in jail or must be replaced because of the criminal charges?

I don't know how new guardians are chosen but would think her parents are the logical alternative and they would direct her to be fed and given water again.

[ElectionTracker]

Eh, I think there should be a Constitutional Amendment removing the judiciary as a branch of government and instead only allowing judges to preside over civil and criminal cases. I can't think of a single way in which the judiciary has ever improved anything.

[GarySpFc]

When judges act in a way that contravenes the conscience of the executive, they forfeit the cooperation of the executive -- and that is how the Founders intended it to be.

Today we are governed by a judicial oligrachy which believes in murder by due process of the law.

[Malesherbes]

Regarding separation of powers, the Congress issued sub poenas in this case which were ignored by Judge Greer among others. I am waiting to see if there are any consequences.

[PistolPaknMama]

Awesome article, actually. Thanks for posting this.

[self_evident]

When judges act in a way that contravenes the conscience of the executive, they forfeit the cooperation of the executive

Well, that's interesting. Judges can't "contravene the conscience of the executive".