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.
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.
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!
Worth repeating....
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.
.
Actually an investigation into the illegalities of the TERRI SCHIAVO Case hasn't happened so I wonder if this may be the straw that brakes the camel's back here..?
This is why I'm publicising Judge GREER's latest reported moves here on Freerepublic.com.
The radio news report I heard early this week stated that Judge GREER was going to rule on Friday whether or not to permanently seal State TERRI Case Records that might reflect badly on MICHAEL.
We need to find out how he ruled yesterday.
Right..?
.
ONLY he has seen those files.
Greer must be impeached and Florida boycotted until that day.
Yes I did and I agree totally.
I took up for Jeb throughout this whole ordeal with Terri until I watched this conference on C-Span...
Memory of reports says something akin is the case; nothing specific now on TEJ on recent ruling.
Call me old-fashioned, it just seems wrong that a judge can murder over the objections of the congress and president (not to mention the Ten Commandments, Declaration of Independence and U.S. Constitution), then order the record sealed.
It's that Creator-endowed unalienable right to Life business which has captivated my attention.
For if we have a Constitution which be living, the boys in black robes can pull its feeding tube, then it be most bodaciously unviable.
NOTA BENE: Please notice the following:
1) NO physician signed this Certificate for Woodside Hospice House.
ERGO: Michael Schiavo and Greer acted without a medical license.
ERGO: They had to murder her and cover it up.
2) Look at the "Terminal Diagnosis.
It appears to have been changed after the fact. It was clearly written while the
rest was typed, AND in a handwriting different from the rest.
In medical records, that is a sign of tampering. I bet whiteout is underneath.
3) The Certificate states she will live less than 6 months.
Yet they took $$$ from the insurance company(ies?)
and you know the rest.
ERGO: They apparently had to murder Terri to cover it up.
Dr. Gambone (R) and Toast
I assume it could, via a higher court order. That's only my assumption. That could only come upon a compelling reason to do so, i.e., an actual criminal investigation, I suppose. I find it highly unlikely that the Florida circus/kangeroo courts are going to allow all the judges involved (including those in the District Court of Appeals) in this criminal conspiracy, however, to be outed. So, it will stay sealed, IMHO.
Pinellas County Medical Examiner:
" Sealed? That's funny. This was so easy. I kept the Schindlers' observer away from the post
and simply used Terri's official Pinellas County Autopsy report
which Judge Greer gave me last month as he defied the Executive and Legislative branches.
Let me assure you that Judge Greer's report
which was written BEFORE we burnt all the evidence
says absolutely positively nothing about abuse.
Everything was normal. Honest. [wink]"
DON'T YOU KNOW IT!
Wow....amazing....thanks for posting that to me... ;o(
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