Jeb Bush is courting dereliction of duty by Alan Keyes
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 … ."
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posted by Pat Campbell @ 10:34 AM
1 comments
1 Comments:
I strongly support the Shindler family and all of their efforts to save the life of their daughter. I think that the courts have failed both Terri and all of the people of Florida and the United States with rulings that have been incorrectly made. I pray that the Florida legislature, the courts, or her (I'm editing myself here) estranged husband come up with a way to stop this cruel, wrong-minded murder. However, as much as I respect and admire Alan Keyes, I do disagree with Mr. Keyes point.
My point of disagreement is found in his first sentence:
The Florida state constitution declares unequivocally that in the state of Florida "the supreme executive power shall be vested in a governor … ."
Govenor Bush's supreme power is executive. I can not see, no matter how much I might wish it otherwise, how this gives him the power to over-ride any law. In fact I find it unsetteling to contemplate such unbridled power in the hands of an individual. It is an excess of judicial power that has us in the sad state we are now. Having the Govenor be just as wrong is not, in my opinion, the right answer.
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