Jeb Bush is courtingdereliction of duty

Worldnetdaily ^ | 3-29-2005 | Dr. Alan Keyes

[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.

[MikefromOhio]

Ping to 10 so that you can respond to me....

[Laura Earl]

It's 72 & sunny in Birmingham, but there are no beaches for 250+ miles.

[EternalVigilance]

She is still aware, and has responded to friends.

Don't wish her dead. It's unseemly at the least.

Wouldn't it be better for the Governor to send two state troopers, an order and a nurse with an IV to save this innocent young woman from death at the hands of these murderers?

It's not too late to do the right thing.

[MikefromOhio]

LOL give me a break....


Let the deifying of Terri begin.....

[tallhappy]

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.

True.

Hugh Hewitt said Jeb Bush couldn't or wouldn't do it because the police would have fought back and it is the sort of thing that starts a civil war.

[Nick Danger]

Well, Jeb Bush is courting dereliction of something. Right now he's looking an awful lot like Jimmy Carter did after Operation Desert Helicopter Crash.

Jeb said he was going to move in with the DFC. Then he didn't. Then he did, but he didn't send enough force to get the job done. And then he said he'd done all he could.

In so doing, Jeb has royally hosed the Republican party, the conservative cause, and himself.

Once they got into it, the only way out of this for the GOP was to save Terri, and ultimately show the world that she was not "persistently" vegetative. Had she ever learned to talk again, even at the level of a child, it would have made all Americans stand back and review what the Hell went on there.

Instead the media is having a field day explaining to the public that the GOP caved in to the "Christian Right" and fouled up her devoted husband's plan to "allow" the brain-dead Terri Schiavo her "right to die."

Yeah, the court system failed miserably here, allowing horribly bad lawyering to result in an innocent woman's death through sheer devotion to "procedure."

But doing the right thing was within Jeb's grasp, and he blew it. And he took a lot of us with him.

[MikefromOhio]

ahh man you have made a rational and logical argument....how dare you? LOL< :)

[COEXERJ145]

More garbage from WorldNutDaily and Alan Keyes.

[EternalVigilance]

The truth is the truth, no matter which web address it is at.

But you could care less about the content of this very tightly reasoned article.

Y'all argue more like DUers every day around here.

[Mind-numbed Robot]

There is a reason why Keyes never has, nor will, hold elective office.

Yep, he is too right and too direct. He leaves opponents with no room to shuck and jive. Their only retort is name calling. Is that what you are attempting?

[infocats]

"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."

True...but utterly beside the point and Dr. Keys should know better. Remember, there are three branches of government, executive, legislative, and judiciary. Each has their duties and obligations under the law specifically spelled out.

[EternalVigilance]

I agree with you completely.

Well said.

[Saundra Duffy]

Gov. Bush has said that he recognizes the injustice being done to Terri Schiavo but is powerless to stop it.

If only Jeb Bush would love Terri more than he hates Alan Keyes.

[MikefromOhio]

LOL

let me guess, you agree with saying Terri is being crucified too huh? LOL

[spodefly]

There are reasons to be critical of this piece, but I believe there is a more important issue here that the article states correctly.

The Governor could, clearly within the powers of his office, overrule a judicial decision and use Executive force. Whether that is warranted in this case is a topic that has been discussed here repeatedly in the past few weeks. Outside any specifics of the Schiavo case, the fact that the Governor could overrule judicial decisions seems clear from the FL Constitution.

I believe he isn't going to use this power not because of any specifics of the Schiavo case, but because it would set a precedent (a recent precedent anyway) that would put his brother, other Governors, and the US Congress in peril of having to show some backbone in standing up to judicial tyranny. Mitt Romney would be another Governor imperiled by such a show of Constitutional fortitude.

It seems that none of our elected "representatives" have the guts to go against King Court in any decisions. That is the most obvious aspect of this case from a 'governmental' point of view.

[tallhappy]

No one's on death row for being disabled.

[COEXERJ145]

Let the deifying of Terri begin.....

Already started. Last Friday a bunch of people were saying she was being crucified and George and Jeb are Pilate. I bet there are a few thinking she would die on Friday and come back to life on Sunday.

[MikefromOhio]

show me where Jeb hates Alan Keyes? an article or a quote directly from Jeb would be nice.....not that I expect it, we should just take your word on it huh?

[longtermmemmory]

yes.

[EternalVigilance]

Each has their duties and obligations under the law specifically spelled out.

One of which is their sworn duty to enforce Section Two, which is quite specific, and which doesn't even exist if you listen to any of the governmental branches right now.

It functionally doesn't exist...