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.