Tuesday, March 15

Check to the Judicial Branch: Terri's Case

I have had many people suggest that when a judge hands down rulings like they have in Terri's case they should be impeached. Wrong approach. Impeachment has never and should never be used against a judge because of his ruling. It is to be reserved for judges who are involved in fraud, bribes, and other types of illegal activities that disqualify them for their position. Yet there are proper ways for the other branches of government, namely the executive and legislative branches, to check the judicial branch.

Here are some examples.

Executive:
It would be a rather radical move, but Gov. Bush could order state gaurd troops to surround the place were Terri lives, and not allow anyone to take the feeding tube out. Although radical it has precedent. Prez. Andrew Jackson did somthing like that. Prez. Bush could do a similar thing. The executive branch has authority over the law enforcement officials. It is coming to the point where I would urge them to use them and almost dare the judiciary to try and do something about it.

Legislative:
In many ways I can commend the legislative branch for at least attempting to check the judicial branch. The Florida legislature passed "Terri's Law" some time ago only have it struck down by the courts. Once again tho, Sen. Martinez at the national level is in the process of passing a law that would move the case into federal courts and give Terri another chance. But if the legislature is going to do its job it must not be faint hearted. It must again and again pass laws that will provide for the protection of these constitutional rights in the face of judicial pressure. If this doesn't work, often the legislature can limit the jurisdiction of the judiciary. The key is some legislator who will not relent. The key to getting such a legislator is strong public support. Indeed for either the legislature or executive to take action there almost always must be strong public support. Thus, more than ever it is important to demonstrate that the Florida people and the people of the United States do not approve and will not stand for such murder. Regrettably, it is only when the legislature sees an outpouring of public support will they attempt to curb the unconstitutional actions of the courts.

One final thought. If I remember correctly, it is very easy to pass a constitutional amendment in Florida. This might even present an option for Terri. For example the legislature could pass a law that put a "staying order" on Terri's death until a constitutional amendment could be place before the people. Just a thought.

Hamilton in the federalist papers said the the judiciary was the branch least to be feared because they had neither "force nor will." It's about time that the executive shows that it has constitutional force, the legislature will, the people support.

1 Comment:

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