Terry Schiavo Is Dred Scott
By James Bowden (03/31/05)
The U.S. Supreme Court ruled, “A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a "citizen" within the meaning of the Constitution of the United States.” That was it for Dred Scott. Dred Scott died as a slave. The Legislatures made some states and territories ‘free’ of slavery. But, judges ruled that some persons, based on race, are denied citizenship and individual rights.
A Pinellas County Florida Judge “ordered and adjudged that the Guardian, Michael Schiavo, shall cause the removal of the nutrition and hydration tube from the Ward, Theresa Marie Schiavo.” That was it for Terry Schiavo. Terry starved to death. The Florida and U.S. Constitutions enumerate the God-given right to life for individual citizens. But, judges, ruled that some persons, based on disability, are denied due process and, moreover, the fundamental right of life.
The Republican Party, created from the Whigs (1854) who compromised on slavery, was harshly critical of the Dred Scott decision (1857). Abraham Lincoln was elected (1860) with the expectation to use the Federal Legislature and Executive powers to end slavery. The Deep South seceded because the Constitutional responsibility to end or maintain slavery was a State right. South Carolina attacked Federal troops and property. The North invaded to preserve the Union. The Upper South seceded and America’s worst war, between two democratic republics, ensued.
Two Republican Florida Senators could have saved Terry Schiavo’s life by voting ‘yes’ to a law. “The death penalty is an authorized punishment for capital crimes designated by the legislature” (Article I, Basic Rights, SECTION 17, Florida Constitution), not the order of a county judge. The Florida House could have impeached Judge Greer (Article III, SECTION 17) for committing the felony (Florida Statute Chapter 825) of denying nutrition to a disabled person and multiple violations of guardianship (Florida Statute 744).
Likewise, the Republican Governor could have used “The supreme executive power shall be vested in a governor” (Article IV, Executive, SECTION 1) to send in state troopers to protect Terry Schiavo’s right to life. Instead, George Greer, a black-robed priest-king, ordered that a deputy sheriff stand guard in Terry’s room and prevent her parents from giving her a cup of water. When Gov. Bush had an executive agency exercise their authority under Florida law, George Greer ordered – took executive authority – over all Florida authorities.
Apparently, every circuit judge in Florida exercises the supreme executive power. The Florida Constitution is just a piece of paper that means what judges say it means. Not only that, but judges give orders for anything and the elected legislature and executive obey – totally. Tyranny rules. Tyrant, your name is ‘your honor’.
Chief Justice Taney was wrong. The judges were wrong again when they made segregation the law of the land (Plessy vs. Ferguson), authorized the President to send Americans of Japanese ethnicity to concentration camps (Korematsu), banned the Bible from public schools (Murray), invented the right of privacy for abortions (Roe v Wade), and extended the right of privacy to honor sodomy (Lawrence). Now, Judge Greer is wrong. There is no right of privacy for an adulterous husband to have the court kill his helpless wife.
Euthanasia is for the legislatures to decide. Likewise, Homosexual marriage is a legislative issue. Or should be. But, since every circuit judge in Florida, and likely everywhere else, has the uncontested power of Caesar, the issues will be jammed down the throats of The People, by judges. Judges aren’t demi-Gods. They only have the power they seize. Judges are lawyers in costumes and are as political as the grubbiest alderman. Like every profession – medical doctors and military officers – they’re just men. All men blunder, sin and are corrupted by power. Doctors and Soldiers bury their mistakes. Judges rule.
The Roman Republic ended when Roman Law was contested by men who said, “the law is what I say it is”. Civil wars begat dictators, more civil wars and dictators until the civilization was a shell to be broken by invading barbarians. American Civilization is at her Rubicon.
Now, the Republican Party must be the party of Lincolnian principle or the Whiggish beggars of power. Judicial tyranny, which now includes judicial murder, can be stopped peacefully by courageous men and women. The few Jacksonian Democrats remaining will help. Only a third of the Americans wanted independence in 1776. A third of America is ready to end judicial tyranny in 2005. We, The People, will prevail.
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