Skip to comments.Impeach all Judges in the Terri Schiavo Case [MUST READ]
Posted on 04/09/2005 4:58:13 PM PDT by tutstar
In all my years dealing with constitutional law, I have always said no to judicial impeachment even when from time to time on various issues some conservative activists have argued for it in specific situations. I can generally provide people more arguments against impeachment than for it where judges are concerned. Sometimes I cannot provide arguments for impeachment at all, because all the valid arguments from my point of view mitigated against judicial impeachment in those situations.
see also: Dred Scott and Terri Schiavo -- The Long and Tortured Death of the 14th Amendment At the Hands of the Federal Judiciary - (pdf)
The Schiavo matter is dramatically different. Not only am I convinced that judicial impeachment applies here, I am convinced that it applies to every federal judge in the chain from the district court judge who first received the case under the act signed by President Bush, through the appeals judges of the 11th Circuit, to all nine sitting members of the U.S. Supreme Court, with the exception of the one or two judges that bucked the system.
This is the first time in my several decades of dealing with constitutional law that such a situation exists. I never imagined that I would see this situation in my entire lifetime or in my professional career.
The key points are summarized here. They are based on two one-hour radio talkshow interviews I did locally this week which laid out the matter in some detail.
First, Article III uses the words "good behavior" as the term of art dealing with the impeachment of federal judges. The Constitution uses the words "high crimes and misdemeanors" as the standard of impeachment for the executive and legislative branches. "High crimes and misdemeanors" is a higher and more rigid standard than "good behavior" in Article III. In the Schiavo matter, the misconduct on the part of the federal judiciary violates both standards. It violates the "high crimes and misdemeanors" standard because by refusing to protect the substantive right to life of Ms. Schiavo under the 14th Amendment, and treating the matter as strictly procedural, the various judges made themselves accessories to murder. It violates the "good behavior" standard for the sorts of reasons explained by William Blackstone in his Commentaries on the Laws of England.
The federal courts obstinately refused in the Schiavo matter to employ a jurisprudence of constitutionally protected inalienable rights mandated by the Declaration of Independence, the Constitution of the United States, the rights model of original American jurisprudence from the era of the Founders, and as extended to state misconduct by the 14th Amendment.
The federal courts refused to judicially notice that we prosecuted people for war crimes at Nuremberg for the very sorts of actions taken and required by the Florida state courts in clear violation of the original meaning of inalienable rights and due process of law.
Under our federal union, there has never been a power in any state to execute anyone not convicted of a crime and who has not been indicted and/or tried criminally. Under our federal union and under the constitutions and bills of rights of every individual state, the right to life is inalienable. At the state level, that right can only be lost by an individual person through an act of wrongdoing constituting a forfeiture and adjudicated as such through a criminal trial where due process would apply. Executing an innocent person through a civil process is ultra vires by definition and has been ultra vires for over two hundred years of American experience. Having occurred in the Schiavo matter, the question is not one of due process because there can be no such process, period. Where such occurs, as it has here, it is an act of state tyranny by definition, the ground upon which we fired the king of England.
When people say Ms. Schiavo received due process that is not true because the state is not permitted to have such a process, period. For any state to have a process that executes a person or citizen unconvicted of a crime is not a matter of due process because there can be no such process. The 14th Amendment mandates that the right to life be protected by the federal government if a state materially fails in its duty to secure the inalienable right to life. For any federal judge to fail in that 14th Amendment duty is "bad behavior" and criminal negligence. When the federal courts treated the matter pro forma as a procedural one rather than one of substantive rights, the courts materially breached their duty to a person who is also a citizen of the United States under the 14th Amendment with both personhood and citizenship rights. In light of the fact that the federal judges' malfeasance has materially redefined (by inaction) something as fundamental to all persons and American citizens as the right to life, and demonstrated by precedent that the federal courts criminally disregard their duty to uphold the right to life, they have failed to maintain the standard of good conduct required of a federal judge and forfeited the respect and obedience of the American people.
For these and related reasons, every federal judge involved in the execution of Terri Schiavo has violated his/her office as judge and has committed the high crime of being an accessory to murder. Therefore every judge so tainted MUST be impeached by Congress and removed from the bench.
Must read to get the whole picture!
oops . . . forgot to ping the pinger!! LOL
Unless you're talking about throwing peaches at these judges, I don't think it's going to happen.
Please inform us when this takes place. lol
You're a fast reader!
If the political wind is blowing the direction of impeachment it will happen. If people raise enough of a stink about it they'll do it.
I'm not going to hold my breath waiting for the media to help.
Has anyone heard how MICHAEL SCIAVO's buddy Judge GREER ruled yesterday on whether or not to permanently seal the State's records he acqured this week that
point to MICHAEL's abuse of TERRI..?
Bump for later read.
I agree with this guy's sentiment, but it won't happen. Remember that the legislature sided with the courts. They could have passed a law that stopped the Schiavo execution in its tracks, but instead they passed a law which did nothing, and which they knew would be declared unconstitutional. Now the guys who voted to let her die are going to impeach the judges who also did it? Don't think so.
Another important point is that here in Fla., our judges are subject to retentiona elections. So it was the voters who put these guys on the bench, and of course, the legislature is not likely to impeach judges who can be thrown out by the voters anyway.
We need Congressman who will vote for conservative judges, and who will hold the judiciary's feet to the fire. We need civil disobedience.
Are you going to or willing to help make some action on it?
Bump read later
No I haven't heard that. Do you have a link?
It is Hitleresque to have committees and judges decide who lives or dies and Terri suffered, it was gruesome, her family is forever haunted by Terri's suffering as she gasped for air in her final hours.
Terri was a healthy woman on March 17th. She was dead on March 31. First time a judge ordered a death by starvation-dehydration BEFORE getting new medical tests or before checking to see if she could eat without the feeding tube. no, no, no. "the law of the case is that she will die." Judge George Greer
Have any creepy Greer pictures about?
Although I agree with everything this writer said it's doubtful much will happen. These judges will go on abusing their power and Congress and the Executive will go on taking it.
Oh yeah, "Money talks and Bovine Feces walks!"
Hate to say it, but I'd bet on the money !!!
Our once-free republic is thoroughly corrupt !!!
I heard this Story about Judge GREER getting a hold of Florida's records of MICHAEL's alleged abuse of TERRI as a first news story on local Radio news early this week.
It may have been an AP Story that was just released that morning, about 8:00am Pacific Time.
Nothing heard since.
did the SCOTUS give any reasons for not overturning the lower courts in this case?
That leaves only the seventh. The People. Us. Each individually.
If we fail to acknowledge, lament, and correct for this murder -- what then? What divine mercy or patience could then be left for our nation?
Well said, I agree. BTW, IMO, protecting life is not old-fashioned, if it were then I guess were all very lost.
Can you say: "Not Politically Correct?"
Well golly... I kinda sorta figured maybe you could...
Just goes to show that GeekDejure will never out-think Brilliant, eh? !!! ;-))
When I say old fashioned, I should couple it with using common sense and having a moral compass. New age values are no values at all.
It's time for term limit on all judges.
Don't forget that those judges on U.S. Circuit Courts and state Surpreme Courts usually began as a judge in a local county court. We need to pay close attention to those we elect at home. Usually people have no idea who they are actually voting for in judicial elections. Since their positions are supposed to be apolitical, it's hard to know where they stand on anything. And it's very expensive for someone to run for judge so of course they solicit donations from who? Other lawyers, of course. It goes downhill from there.
There is one simple reason why this won't happen: almost all the people in Congress are lawyers. The judges were lawyers. Rats stick together (apologies to the 1%) and useful rats out there.
What needs to be addressed is whether or not people have a "right to die".
If you think about it for a moment, you can begin to see that we have in part ourselves to blame for this. How many of you here would believe that a "living will" would have been a solution?
I wrote an essay on my blog concerning this - I will report the relevent points I wish to address here ~~
Do we have a "right to die"?
The dangerously seductive arguement that many Americans seem to have unwittingly accepted is that we as individuals have a constitutional "right to die". Simply put, we don't.
Our nation's Supreme Court seems to think that the "right to die" is a liberty protected by the Due Process Clause. It may in fact be a liberty, but it is not a fundamental or natural right. While the Ninth Amendment might seem to imply that we do in fact have additional fundamental or natural rights, what the court fails to recognize is that, it is not with their power to grant us those additional rights. Those fundamental rights are God given rights, natural rights, i.e., rights we possess by nature and not by law. To give an analogy, I have a right to go to Heaven, it is a liberty that I possess and yet the court cannot grant me that right. Likewise, the court cannot grant me the "right to die", only God can, and only when he chooses.
The courts now find themselves in a dilemma now by basing all their current and future judgements for other cases on a mistake made back in 1990 where our court played God and granted a "right" that they actually had no power to grant. The "right to die".
Throughout this recent case, the arguement accepted by the court seems to have centered on "This was Terri's wish." and "This is what Terri would have wanted." Im sure Terri like many of us also wants to go to Heaven.
Very well then, if the court feels that Terri can choose that she does not want to live her life based on her medical condition, then how can the same court deny a person who makes the choice i.e. the liberty that they don't want to live their life as a prisoner, as a drug addict, as a sick person, as a disabled or retarded person, as an only child, or as an ugly person, the list goes on. Surely if the court feels that the "right to die" is a liberty protected by the Due Process Clause then anyone at anytime can take their own life and choose the time of their death.
We can't get judges to rule according to the Constitution and you're worried about the border?
This is a definite keeper!
Great 'Right to Die' Post, eg.
What a contrast with those who give all they have on behalf of the well being of others?
Sacrifice begets Sacrifice:
MEL's -PASSION- sparked by -WE WERE SOLDIERS-
It's the dumbest thing that's been written on the Schiavo case so far, primarily because it is completely disconnected from reality.
Are you having a defeatist attitude? Civil disobedience can be done imo without having a protest march or large number of people show up.
When the phone lines in D.C. get flooded with so many calls that the can't work anymore and their servers shut down from too many emails coming in it sends a clear signal.
I've even heard people say they won't vote because they're just one person and it won't make a difference whether they vote.
One woman got prayer taken out of schools and if every person who says they don't think the judges will be impeached will actually write or call, email all their buddies asking them to do the same it won't take long to get the message through.
We elected a Republican Congress and they need to be reminded they are our voice there, if our voice says impeach they'll move. Even the worst of them pay attention to which way the wind blows!
Pinellas county, Florida subhuman murderer uncertified Judgenfuhrer Greer:
"First, I have the Judical right to torture and exterminate by dehydration.
Second, there are some people who are now in Florida who were just born victims.
Third, we in Florida are exempt from ALL rules and law.
I did not even take the oath of office.
The US Constitution - I ignored it.
18 USC Section 1505 - I ignored it.
Title 2 of the US code - I ignored it.
Florida Statute 765.309 which prevents mercy killing and assisted suicide - I ignored it.
Florida Statute 744.3215 which requires that incapacitated people cannot be deprived of food and water - I ignored it.
Florida Statute 765.404, which says that clear and convincing evidence of the ward's intent for medical treatment must be established - I ignored it..
Florida's Department of Children and Families nearly 90 allegations?
Screw them. I conspired to murder Terri to celebrate Holocaust Remembrance Month.
So what are you --and the gonadless pussies in Congress-- dare gonna do about it?"
Oops forgot to mention that Rep Dave Simmons said he'll consider impeaching Judge Greer.
Have you signed the petition, called, or written to Speaker Bense or Rep Simmons asking them to impeach Greer?
Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html
Contact Florida House Speaker Allan Bense and Rep. David Simmons of the Judiciary Committee
to request impeachment of Judge George W. Greer.
The Honorable Allan G. Bense, Speaker Phone: (850) 488-1450 email@example.com
Rep. David Simmons(850) 488-2231
I'll tell ya, the 26 page pdf that was linked above is a slam dunk for impeachment and I wonder where all our Patrick Henry's are? Seems such a negative flow around!
ANDRE LENOGE: "Where is Congress? Where are the Senators?
Nobody knows. Their chambers are empty. No one is there.
There has only been only one case like this in all of American history.
That was Roanoke Island [North Carolina] in 1587 when everyone disappeared. Every man, woman and child.
Hope is dimming for the missing residents of the US Congress
but .... there is word carved on the wall of the Senate Chamber, "Croaton".
No one knows what it means. Maybe its a place favored for pork? No one knows.
But I do know one thing. Congress will ALL need to be replaced in the next election."
do you have the 26 page pdf document? I'm not Patrick Henry but I'd like to have the link.
The people of this country are really the ones taking it imo. If enough people would take action so that there is no doubt that the Congress better do something because they know they won't get reelected if they don't then things will happen. Part of the problem might be not having the media power on our side but the internet has proved effective in getting the truth out. Look what Swift Vets accomplished.
Oh come on Geek...be more positive. You never would have ridden a bike if you never tried.
Take the impeach Greer petition for example. Practically no media exposure whatsoever, it's gathering more and more sigs every day. The Florida House Speaker knows about it. Rep Simmons said he'd consider initiating impeachment.
Never give up!
Greer needs those records sealed because his butt is in a sling if the info gets out.
Too much happened that was against the law.
Nic & Legal...even if Greer seals those records an investigation into criminal activity could get them opened couldn't it?
I really like what Mr. Amos wrote near the end of pg 15 of the pdf,
due process by definition asks whether or not there has been a wrongful act that works a forfeiture of one's rights.
The libs or death squad kept saying those of us who were for Terri living were emotional and not seeing the real issue. However, it was their side who was guilty of emotion and how many times did someone say she ought to die, including Florida Senator Jim King. They made the argument emotional, that was their spin, so they could avoid discussing the real issue which is/was Terri's constitutional rights!
If we fail to acknowledge, lament, and correct for this murder -- what then? What divine mercy or patience could then be left for our nation?
This guy hits on exactly the one point that I see-- how in God's name did we reach a point where a CIVIL court can order the death of an innocent person? It's simply monstrous. It's an abomination.
Worth repeating over and over.
Did you read the pdf?
Read it all. Thank you VERY much for posting the link.