Posted on 03/23/2005 9:37:12 AM PST by xzins
what do you mean?
Can you point out for me where in the Constitution the President is empowered to overrule the judiciary?
It's unfortunate.... but Terri is being used in this for the big picture. Maybe that was God's plan all along. Who knows.
She will first chance she gets, regardless of the precident.
Not going to happen. Terri will die, and be another part of the argument to change senate rules and push through conservative judges.
We have many freepers here who would die for their country in military battle. This is about one person dying at the hands of the judiciary to help change a system and nominate conservative judges. Would it be worth the death if Bush were able to nominate a couple of SC judges that overturned abortion. The big picture says ..... yes it would be worth it.
A representative of the House Government Reform Committee was en route to Florida from Washington, D.C., late Friday morning to deliver the subpoenas. The U.S. Marshal's Service has the legal authority to enforce the subpoenas and to arrest any person who attempts to interfere with their execution or to harm or kill a subpoenaed witness or, in any other way, prevent Congress from taking their testimony.
Article Quick, who wrote this:
Congress does have subpoena power pursuant to its investigative authority. The matter that they wish to investigate sub judice, is the long term care of incapacitated adults. Being a small government kind of guy, I don't believe they have the constitutional authority to investigate that issue. However, since all meaning of the Constituiton has been obliterated, Congress was probably correct in issuing them.
Once these subpoenas were issued, they have the force of law. No one can interfere with Terri Schiavo testifying at this hearing on March 28. Judge Greer did that by ordering the feeding tube removed. And in his Order, essentially thumbing his nose at Congress.
The proper procedure in this matter would have been for Michael Schiavo to go to US Distrcit Court for the Middle District of Florida and file a motion to quash the subpoenas for the reasons I articulated above. He failed to do so, I see that Congress has little choice but to enforce the subpoena. This is done by the President of the Senate or Speaker of the House authorizing a resolution finding Greer, Michael Schiavo and the medical personnel at the hospicce who removed her feeding tube in contempt of congress. The US Attorney for the WD of Florida could then and should prosecute.
a href="http://www.freerepublic.com/focus/f-news/1366013/posts?page=123#123">Big Easy Big Easy is on the right track. The mistake he is making is that the President need not wait for congress to refer a matter out to stop a crime from being committed. A criminal prosecution starts with an indictment being filed, but the FBI or a policeman can stop the crime without there having been an indictment first.
Also, in addition to Congress' ability to refer out a contempt citation under 2 USC 192, there is another federal statute that makes it a crime to interfere with the subpoena. That is the statute referred to in the above article. I read it at the time this subpoena was issued, and it lists several different ways that the interference can occur.
Keep researching, bigeasy. Your heart is in the right place.
Coalition Calls Upon Bush to Save Schiavo's Life by Using Police Powers
Press Conferences in Washington and Tallahassee on March 23 at noon.
WASHINGTON, March 23 /Christian Wire Service/ -- The 11th Hour Coalition to Save Terri Schiavo's Life will hold simultaneous press conferences -- Wednesday, March 23 -- at 12 noon in Washington, D.C., and Tallahassee, Fla.
This ad hoc partnership of religious and political organizations -- which will gather in front of the White House and the Florida governor's mansion -- will call on President George W. Bush and Gov. Jeb Bush to use their executive powers to protect Terri Schiavo from starvation.
"There are two people in the United States who can save Terri Schiavo's life right now. The president of the United States and the governor of Florida have the authority to use the police services at their disposal to take Terri into protective custody, restore her food and hydration, and arrest anyone who would interfere," said Dr. Paul Schenck, executive director of the National Pro-Life Action Center on Capitol Hill. "For the sake of Terri's life, we cannot afford to wait while the courts dither over jurisdiction."
Details of Tallahassee Press Conference---
What: 11th Hour Coalition to Save Terri Schiavo's Life Press Conference
Where: Florida Governor's Mansion, 700 N. Adams
When: 12:00 p.m. E.T.
Map to Florida Governor's Mansion:
http://maps.yahoo.com/maps_result?ed=Dm_YJa160SzuVoDy3Xxllnu_i1N4Cwd.wWwZ_EniISG7ljPeOQMF1AAAL7LeuxlJ1Q--&name=Florida+Governor%27s+Mansion&desc=%28850%29+488-4661&csz=Tallahassee+FL&country=us&cs=10&qty=9&ds=n
Details of Washington DC Press Conference---
What: 11th Hour Coalition to Save Terri Schiavo's Life Press Conference
Where: Near the White House; North side of Pennsylvania Avenue; Opposite the White House gates.
When: 12:00 p.m. E.T.
Who: -- Dr. Paul Schenck, National Pro-Life Action Center on Capitol Hill
-- Stephen G. Peroutka, Esq., Face the Truth TV & Radio
-- Fr. Thomas Euteneuer, Human Life International
-- Michael A. Peroutka, Esq., Institute on the Constitution
-- Rev. Greg Cox, Faith and Action
-- Fr. Frank Pavone, Priests for Life
-- Rev. Stephen Cox, Gospel of Life Ministries
-- Rev. John Vandenberge, National Clergy Council
The Federalist Papers do not have legal authority.
So, is Bush tipping his hand or bluffing?
Here is a post I made in another thread:
The Judicial Oligarchy is highly motivated and cannot afford to lose this power struggle by acceding to Congress.
One of the Bushes is certainly going to have to act by force.
Those are lose-LOSE scenarios for the Judicial Oligarchy.
The Judicial Oligarchy can give in and lose some of their absolute power.
Or the Bushes can act at the last minute and crush judicial tyrrany on a range of things including WoT.
Having one Bush governor and one President is a strong pair.
Do the judges have the will to hold out? I say yes. Too much in the pot.
Do the Bushes have the will to act?
Can't tell. But I think the Judicial Oligarchy doesn't think so.
But if they're wrong they lose all, abortion, WoT rulings etc. because this Congress won't successfully impeach. There aren't enough RINOs in the Senate.
That is Bush's ace in the hole.
Is anyone tipping their hand?
Or Terri could die and it will all be moot.
Any poker players out there?
I am suggesting that everyone email Rush, Hannity, and other talk show hosts and tell them to keep up the debate. The more the merrier.
On this issue, not since Marbury v. Madison.
You are confusing legislative subpoenas with judicial subpoenas. They are two different animals.
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