Posted on 03/29/2005 11:00:33 AM PST by EternalVigilance
Posted: March 29, 2005 11:44 a.m. Eastern
© 2005 WorldNetDaily.com
The Florida state constitution declares unequivocally that in the state of Florida "the supreme executive power shall be vested in a governor … ." The word supreme means highest in authority. There can be no executive authority in the state of Florida higher than the governor. No state law can create an executive authority higher than highest in the Florida constitution. Therefore no court order based upon such a law can constitutionally create such an authority.
If the governor tells the local police in Pinellas County to step aside, they must do so, or else be arrested and tried for an assault on the government of the state, which is to say insurrection.
(If Gov. Jeb Bush fears that for some reason they would question the authority of his representatives, then he should take the necessary law enforcement officials to Tampa in person, thus making the situation crystal clear.)
Since Florida's highest law grants him supreme executive power, the governor's action would be lawful. No one in the Florida judiciary can say otherwise, since the whole basis for the doctrine of judicial review (which they invoked when they refused to apply "Terri's law") is that any law at variance with the constitution is no law at all.
Gov. Bush has said that he recognizes the injustice being done to Terri Schiavo but is powerless to stop it. He is obviously not powerless, and his view of injustice is fully warranted.
The Florida state constitution declares: "All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty … ."
The word "inalienable" means that the rights in question cannot be given away or transferred to another by law. Now, by allowing Michael Schiavo to starve his wife to death, Judge George W. Greer transfers to Schiavo the exercise of her right to life, doing on her behalf what the Florida state constitution declares she herself could not do (since an inalienable right cannot be given away).
Schiavo's decision, and any element of the law it is based on that has the same effect, are therefore unconstitutional on the face of it.
The governor of Florida cannot be obliged to enforce unconstitutional edicts, nor can he be faulted for acting to stop an evident violation of the constitution. In his oath as governor he swore to "support, protect and defend the Constitution and government of the United States and of the state of Florida."
As supreme executive, he is obliged to act in their defense, and no court order can relieve him of this responsibility.
Any order by Judge Greer that seeks to prevent him from doing his sworn duty, as he sees fit, is invalid, and any attempt by the judge to incite armed forces to enforce his order would be an act of judicial insurrection against the constitution and government of Florida.
The judge may have whatever opinion he pleases, but when he attempts to use force to back it up, he breaks the law, going against the constitution of the state, which is to say against the supreme law in Florida.
In Federalist 81, when Alexander Hamilton lists the safeguards against "judiciary encroachments on the legislative authority," he cites in particular "its total incapacity to support its usurpations by force."
Accepting the notion that judicial orders at any level may constitute an executive power superior to the chief executive would give the judiciary just such a forceful capacity.
When every judicial decision carries the implied threat of armed insurrection, a key safeguard of liberty and self-government is removed. If any state governor, or the president of the United States acts so as to encourage the judiciary to assume such executive power, or the people to believe that it may constitutionally do so, he undermines the integrity of all our constitutions, and of American self-government as a whole.
This constitutes a grave dereliction of duty and would in saner times clearly be grounds for his impeachment by a legislature intent on defending the Florida constitution against "judiciary encroachments."
By God's grace, however, Terri Schiavo still lives, and Gov. Bush may yet act to redeem himself and his constitutional authority. Courageous action would be an act of statesmanship, defending the integrity of our constitutional system and the ultimate sovereignty of the people.
We have long been awaiting the statesman who could turn a crisis into such healing. Like Ronald Reagan before him, Jeb Bush could prove himself such a man. For Terri's sake and for the sake of constitutional self-government in America, he should act now. For failure to do so, he has no excuse.
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Be sure to visit Alan Keyes' communications center for founding principles, The Declaration Foundation.
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Former Reagan administration official Alan Keyes, was U.S. ambassador to the United Nations Social and Economic Council and 2000 Republican presidential candidate.
Exactly!!! And they screamed the loudest when Janet Reno took Elian .. but they want Jeb to take Terri. Amazing!
Look, I agree that it is absolutely and completely wrong to murder Terri Schiavo. She OUGHT to be protected by the law. I've gotten into some pretty heated discussions with people about just how wrong and evil it is.
Nonetheless, Jeb and W can't save her any more than we can.
As many officers would consider an order to go-get-her illegal as would otherwise. It would take some heavy handed behavior to get it done, and it would set an ugly precident that you can guaran-D***-tee would be used against us in the future.
For example, imagine that in the future the Supreme Court overturns Row vs. Wade and President Hillary doesn't like it. Well, force has been used to overturn "incorrect" court decisions before, how is this any different? She'd say, and she could have a big media circus about having the NG guard an abortion clinic from the police in some po-dunk town.
The fact of the matter is that unless they are willing to go in with litteral guns blazing, there is nothing that they can do that wouldn't cause more damage to the system and potentially cause more harm to the future of the country than one life is worth. That is a sad and disgusting, but it is a fact.
Moreover, to claim that the President or his brother are "fake" is absolutely insane. Did we not just recently celebrate the passage of the Partial Birth Abortion Ban? Have we not cheered as they have stood against the harvesting of children for stem cells? Have they not burned political capital around the rest of the so-called "enlightened" world by standing loudly against human cloning?
Didn't we just get done deposing a dictator and killing a hella-lot of terrorist?
The Bushes have done all that they can be called on to do. Anything else would be as illegal as you and me storming the place ourselves.
So get off yer high horse. > :(
Explain why Terri is not included in Section Two, or why Jeb's oath to uphold the Constitution does not include Section Two.
I'll be back within a few days to see your brilliant response.
Hey restornu, good to see you! How ya been?
Don't argue with a person that hasn't made a point.
Ack! I don't think my wife would like that. And if I did, she would make me comatose.
Still hasn't. I suspect the only point is on his head.
Appologies to all about the 6th grade grammar.
I was irked and in a hurry. :P
Well, if you have a receptive ear, pass it on.
"There is not a chance in hades that the local police would have interfered."
But .. you would risk all those men's lives - TO FIND OUT! That's just nuts!
But it seems a lot like the 1850's.
Good for her. You guys need strong women to keep you in line! ;)
Your #243 is just another repetition of the Bush talking points.
But they are ridiculous talking points on their face.
MANY pro-lifers simply aren't listening to the lying spin any more.
The words of the Florida constitution are clear, and the Governor has failed in his primary duty.
So has the President. Read the Fifth Amendment.
See ya down the road.
"Jeb Bush not only has the authority, he swore to do it when you took office. It is his foremost duty."
His foremost duty is what he SWORE UPON A BIBLE TO DO - UPHOLD THE LAW.
There is no extra provision which says: In the case where Jeb doesn't agree with those laws then he can take matters into his own hands and do whatever he wants.
I DEMAND YOU SHOW ME A LAW WHICH PROVIDES FOR JEB TO DO THAT ..!!!!!
No, she's certainly not anyone's property, but she can't make medical decisions on her own--someone has to do that for her.
You seem to think that a lawyer should represent "her" interests, but how do you know what those interests are? How does the lawyer know? Terri can't talk, she can't communicate.
I think the problem is who makes those medical decisions for Terri. These ain't easy questions, and I think it's a little dishonest to say that Sec. 2 is absolute, like Keyes claims.
That's just stupid.
Every one of those law enforcement officers swore to protect human life, not stand guard at the state execution of one of the state's most helpless citizens.
They have given up their honor and their manhood, in exchange for overtime pay.
I know - and it's just nuts!
Section Two IS absolute, for the innocent.
Surely you're not one of those who refuses to discern between the innocent and those who are found guilty of capital crimes??
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