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To: mal
Jeb Bush
WAKE UP!
It is up to you to be a MAN.

Judges have no constitutional power whatever to give orders to the executive what to do or not do in execution of his powers. Even though the local executive, the sheriff, decided to give force to the judge's order, and the governor has no direct authority over county sheriffs, even those were not insurmoutable problems or cause for civil war. Under the Florida constitution the governor can replace the county sheriff and maybe even the judge for misfeasance, such as interfering with DCF and the state police which are under the governor and not subject to the judge either. Notice particularly that the governor could suspend ANY county officers, including judges, regardless of whether they are subject to impeachment.


FLORIDA CONSTITUTION

ARTICLE VIII - County Government
Section 1
(d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court;

ARTICLE IV - Executive
SECTION 7. Suspensions; filling office during suspensions.--
(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.

ARTICLE III - Legislative
SECTION 17. Impeachment.--
(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office.
52 posted on 03/31/2005 6:38:58 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: UnbelievingScumOnTheOtherSide

Interesting. It seems to exclude county officers from the listed exceptions. A shame his people didn't interpret it that way.


160 posted on 03/31/2005 11:28:50 AM PST by agrace ([ It is He] that brings the princes to nothing; He makes the judges of the earth as vanity. Is 40:23)
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