Terri Schiavo's Defense
and the
Threatened "Constitutional Showdown"
The primary focus of nearly all the conversations whirling around the Terri Schiavo fiasco -- among Terri's enemies as well as all of us who so passionately and tirelessly fight for her right to live -- is the REMOVAL OR NOT THE REMOVAL OF HER FEEDING TUBE.
Now that we're all discovering the world-wide abuse of this alleged "right to die" issue, it goes without saying that this cause for Terri represents hundreds of thousands who have died before her, those who are right this moment in the throes of an agonizing death by dehydration and those who are about to die.
The word 'starvation' in this context is superfluous, because death by dehydration occurs well before the victim succumbs from starvation. In fact, we should drop that word from this conversation so as not to muddy the waters.
In Terri's case, we're missing what I believe to be the most important point at issue here. Removing the feeding tube is one thing, as that has been construed as 'permissible' under the "right to privacy" section of the state and federal constitutions.
However, Judge Greer also ORDERED that no oral sustenance could be given Terri. This fact is almost never being mentioned anywhere that I've seen or read or heard, other than at the very start of this life and death controversy!
Two things to consider, which I believe are critical to Terri's defense:
1) If the court saw a need to issue an order to prohibit oral feeding, it concludes that Terri is NOT an unconscious, unfeeling vegetable. Vegetables cannot eat. It seems that this could be offered in Terri's defense as PROOF that they KNOW she is not in a Persistent Vegetative State.
2) According to Jeb Bush's Memorandum of Amicus Curiae on behalf of Terri, filed in the United States District Court, October 7, 2003, Florida law - already on the books - prohibits that action.
The brief stated that the first action (removing the tube) is permissible because the court accepted Michael Schiavo's word as 'clear and convincing evidence' that Terri's wish was not to be kept alive by artificial means. For the moment we'll pretend that Michael Schiavo's word, confirmed by his brother and sister-in-law accomplices, was in fact clear and convincing evidence that Terri didn't want to be kept alive by artificial means. So be it.
Could he ever claim -- and be believed -- that Terri said she would want to be murdered?! Because that's what's at stake here: MURDER.
Being fed by an individual because one cannot feed him/herself cannot, by any stretch of the imagination, be defined as an "artificial means" of being kept alive. Yet that was a second and separate part of this court-ordered murder of Terri.
(At this point, it might take therapy for Terri to be weaned off the tube because the swallowing muscles need to be strengthened. A renowned neurosurgeon, Dr. William Hammesfahr, has offered to treat Terri and to give her the rehabilitation she needs to recover.)
According to Jeb Bush's amicus brief, the second act -- forbidding oral sustenance -- is the 'deliberate killing' of an individual, which violates her 'right to life' under existing Florida state law, and both the Florida and U.S. Constitutions.
Clearly, Judge Greer broke the law when he issued that order, condemning Terri to be murdered (I think we could construe the term "deliberate killing" as murder, couldn't we?)
Also stated in Jeb Bush's amicus brief - written by his legal department - is the fact that the governor has a duty, a MANDATE, to see that the law is "faithfully executed".
Governor Jeb Bush didn't do that, did he? He hasn't taken care that the law has been faithfully executed, because according to the amicus brief Judge Greer broke the law, and he's still sitting on that damned bench! And Terri Schiavo's life still hangs in the balance.
The legal department that wrote the amicus brief -- presented in Jeb Bush's name -- was allegedly the same legal department that informed him afterward that he could not intervene because it would violate the separation of powers. He could not over rule the court order because the state laws gave the courts authority to decide in guardianship matters. In fact here is the response that went out from Jeb Bush's office, this one on October 15th, the day Terri's feeding tube was removed:
"Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler Schiavo. He has asked me to respond on his behalf. The Governor is very concerned about Terri, and his thoughts and prayers are with the Schindler family.
"The Governor, more than any other state official, has a responsibility to ensure that the laws be faithfully executed and to give a voice to the citizens of the state."It is because of these dual responsibilities that the Governor felt compelled to write a letter to the circuit court judge expressing an opinion on this difficult matter and to file an amicus brief to accompany the Schindlers' federal lawsuit.
"The Governor is disappointed by the decisions made by the state and federal courts in these cases.
"However, the Florida Constitution prevents the Governor from acting further. Florida law gives the courts, not the Governor, authority over guardianships. For that reason, despite his great concern for Terri's life, the Governor has no power to intervene further.
"Thank you again for writing.
Sincerely,
Lauren O'Connor
Office of Citizens' Services"
Do you see the contradiction here? According to the Amicus brief he MUST INTERVENE because the law was broken by the court in its order to "deliberately kill" Terri Schiavo!
Therefore, this is no longer a guardianship issue.
At issue is the violation of existing law by the court.
Judges have not been given authority -- could not be given authority -- to legislate from the bench. That authority, were it given, would effectively neutralize the state legislature as the "law-making branch of government".
If the lawyers succeed in their insidious plan here, there will be no separation of powers between three branches of government. It would constitute a one-branch system giving the Judicial Branch - the lawyers - judicial, legislative and executive power.
This threatened "constitutional showdown" threatens the very framework of constitutional government because it is challenging both the legislative and executive branches. THIS IS SERIOUS!
The emergency intervention by the state legislature giving Jeb Bush "authority to act" was an act to cover Bush's backside. After telling so many thousands of people that he could not intervene, and because of the hundreds of thousands who voiced their support of Terri's right to live, they had to do something! At that point it would have looked too obvious for Bush to suddenly 'discover' that he could -- in fact MUST -- intervene; so. . . they pretended that the state legislature had to 'give him the authority'.
Governor Jeb Bush HAD THAT AUTHORITY!
Governor Jeb Bush HAS THAT AUTHORITY TODAY!
NOW, at present, the intervention by legislation and the governor's Executive Order to stay the slow, torturous death of Terri Schiavo is being challenged as unconstitutional on the grounds that it violates the "constitutional separation of powers" and that it also violates Terri's "constitutional right to die".
The following quote by Judge Thomas M. Cooley, while correctly stating the legislatures' mandate to pass laws only in pursuance of the constitution -- which has been violated time and time again because, to their shame, state legislators not only do not write the laws, they don't read the proposed laws before they vote for them -- this type of argument will be used by the courts to 'prove' the case of lawyers who are now challenging the constitutionality of the action taken to save Terri's life rather than using it to defend the action of the law-making and executive branches of government.
"Legislators have their authority measured by the Constitution, they are chosen to do what it permits, and NOTHING MORE, and they take solemn oath to obey and support it. . . To pass an act when they are in doubt whether it does or does not violate the Constitution is to treat as of no force the most imperative obligations any person can assume." --- Judge Thomas M. Cooley
http://familyguardian.tzo.com/PublishedAuthors/Indiv/NortonThomas/ConstForUS/constit1.htm
In fact, the action of the Florida State Legislature was steeped in upholding the constitution, for they saved the life of a woman who was being murdered by order of the court, which order violated her constitutional right to live.
Do you see how they have, once again ever so deceitfully, diverted everyone's attention from the main and most critical issue here? From the submission of Bush's Amicus curiae brief on October 7th -- from that point to now -- this whole legal hocus pocus has been a MOOT POINT.
Let us get back on track, and let us make it known that we know, and that we know THEY KNOW.
Some miraculous events have happened for Terri recently. The unsolicited declaration to Greta Susteren on Fox News, by the famous forensic pathologist, Dr. Michael Baden, that the findings in Terri's bone scan must be investigated; the investigation said to be underway by the Advocacy Center for Persons with Disabilities; and, the controlled media beginning to bring more facts to light. . . all this and more appears to be swinging this battle heavily in favor of Terri's right to live.
(The controlled media is telling some only because there is too much evidence against Michael Schiavo -- his words, actions and motives -- to be ignored any longer.)
However, we cannot be lulled into complacency. Remember the debacle during the last presidential election? (My, my it all happened in Florida, didn't it?)
Remember the breath taking suspense in which we were all held as THE COURTS decided the fate of a nation? It was ominously, glaringly obvious then; all we heard on controlled network news hour after hour, day after day, was who was filing what briefs in which courts, all holding our breath to see what the various courts would decide.
I believe that production in 2000 was the beginning of brain-washing the American people to believe that the court is all powerful -- and it will be if it is allowed.
This has gone far enough -- too far in fact! The power they are seeking today in the upcoming "constitutional showdown" has nothing to do with the constitution. The courts -- from the lowest to the highest -- ride roughshod over the constitution every day, a hundred times a day across this country. They USE the constitution when it suits their needs, and in fact they are further eroding the constitution as they claim its authority.
If we're not careful, we'll suddenly find ourselves hearing news announcements that the courts have decided the legislative and executive actions on Terri's behalf were unconstitutional; that both the law and executive order are null and void; and then the killing will begin again. If that should happen and if the Florida state legislature and Jeb Bush roll over and play dead like good trained puppies, there will probably be no 'next time' for Terri.
Remember, Terri isn't out of the woods yet. Quite possibly our calls, e-mails and faxes will be even more urgent this time round. 'Terri's Bill' gave the governor authority for a "one-time stay" which could be interpreted either:
1) that it was solely for the case of Terri Schiavo -- OR
2) that the governor could intervene for Terri only one time.
My sinking feeling is they will construe it as a 'one-time-only' intervention for Terri. Then, if the courts decide that the actions taken by the state legislature and the governor were unconstitutional, if the governor and legislature don't overrule the courts, there could end up being no further remedy for Terri.
At that time, her only hope would be to be rescued by the militia. Thousands of people coming to her aide, carrying her away to safety, for after all, that IS the real meaning of the militia, isn't it? Able-bodied men and women defending our country, our countrymen (and women) and the constitution.
Be ready to gear up the outcry (roar) once again. Have your ducks in a row, and make the contact count, by using facts, reason and logic. Cite the laws, let them know we know what they're doing -- if it becomes necessary. Our focus will have to be to the state legislators and the Governor.
-- Jackie --
Wednesday, October 29th, 2003
For a more comprehensive examination of the Memorandum of Amicus Curiae presented by Jeb Bush to the United States District Court on October 7th, which will leave no doubt in your mind that Jeb Bush knows he can intervene for Terri, see this.