Thursday, June 23, 2005

More on the frightening and dangerous SUPCO decision..

Here is a link to the opinion. Please to go page 25 of the PDF document to read Sandra Day O'Connor's dissent-- a brilliantly reasoned argument.

3 comments:

Ted and Yvonne Burr, Shelby NC said...

Skip,

I fully agree with your passionate comments regarding the Supreme Court's ruling against private property rights (link: http://www.shelbystar.com/portal/ASP/article.asp?ID=16977 ).

This outrageous ruling is just the latest example of America's "out of control" Court system ruling on the basis of "political correctness" rather than on the basis of the enacted statutes and original intent of the US Constitution. If a majority of Supreme Court Justices had issued such a decree 50 years ago, it is highly probable that the US Congress would have impeached and removed them from Office. However, the current corruption of "political correctness" that exists in both the Democratic and Republican Party guarantees that even the mere mention of impeachment would bring a stiff rebuke and character assassinations on the level of those accusations that were recently directed against Congressman Tom Delay when he commented on the contemptuous actions of Judge Greer in the Terri Shiavo case.

Your passion for the Court's violation of private property rights provides you with an excellent opportunity to better understand the righteous outrage that many evangelical Christians felt over the injustices that were perpetrated by the American court system in the Terri Shiavo case.

Rather than opine on the specifics of those injustices, we have included an article (w link) entitled "Jeb Bush, Republicans Uphold Judicial Tyranny in Shiavo Case" which re-expresses our sentiments on America's judicial tyranny.

The most recent expression of our sentiments on judicial tyranny were expressed in a letter to the editor "Remember Terri Shiavo by Acting to Abolish Judicial Tyranny" " dated March 31 2005 (attached) which you elected not to publish as a letter to the editor.

Sincerely,

Ted and Yvonne Burr
Shelby, NC

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Link: http://www.reedheustis.com/articles/04032005.htm

"Jeb Bush, Republicans Uphold
Judicial Tyranny in Shiavo Case"

By: Reed R. Heustis, Jr.
April 3, AD 2005

One of the biggest mantras of the Republican Party is its supposed commitment to end judicial tyranny.

Yet, when its most powerful state chief executive in the Terri Shiavo case, Florida Governor Jeb Bush, was faced with a golden opportunity to sledgehammer the judiciary for its unconstitutional court-ordered murder of Shiavo, it laid an egg.

Thus is the ongoing saga of the deceptive Republican Party.

Deliberately deceiving millions of Christian voters into believing that it is legitimately pro-life and committed to republican government where the judiciary is subservient to the Constitution, the Republican Party through actions and omissions by its own most powerful leaders has shown itself to be committed to neither.

Any lay person can recognize whether leaders are committed to certain principles. It does not require a political scientist to realize whether a politician is genuine in his beliefs.

If out of the right side of a leader's mouth certain principles are proclaimed, and yet out of the left side contrary statements or actions are made, then it is obvious that this particular leader is not genuine.

Any six-year-old child knows hypocrisy when she sees it! You can bet your bottom dollar that this same six-year-old can see the hypocrisy and deception of the Republican Party.

The Republican "right side" of the mouth: "We believe that the self-proclaimed supremacy of... judicial activists is antithetical to the democratic ideals on which our nation was founded." [The 2004 Republican Party Platform.]

The Republican "left side" of the mouth: "I cannot violate a court order.... I don't have powers from the United States Constitution ... that would allow me to intervene after a decision has been made." [Governor Bush with regard to exercising his executive police powers by intervening on behalf of Terri Shiavo.]

Ask your six-year-old: Is the Republican Party serious about curbing judicial tyranny?

The Terri Shiavo case was one of the largest and most explosive political issues on which nearly every American held an opinion. It was therefore the perfect opportunity - one that comes along perhaps just once in a lifetime - for Jeb Bush to demonstrate the Republican Party's commitment to crushing unjust judicial orders and to governing according to Constitutional principles.

If the Republican Party truly believed in the Constitution, then it would realize that only the Constitution is the supreme law of the land, not the judicial branch of government. Article VI of the Constitution confirms this truth: "This Constitution... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby."

The judiciary is a creature of the Constitution, deriving its powers from the same. The potter has the power over the clay, not the other way around.

As any civics class instructs, every branch of government has been enumerated certain powers which balance against other branches of government. However, if the legislative and the executive branches are of the mind that the judicial branch possesses "the final say" on any matter simply by issuing a "court order", then they have implicitly exchanged Constitutional government with its checks and balances for judicial tyranny.

This is precisely what Jeb Bush and the Republican Party have done.

Throughout the Shiavo matter, Jeb craftily postured himself to appear solidly pro-life by "doing everything he could" in appealing to the legislature and to the judiciary in order to prolong Terri's life (and to gain more sympathetic supporters from the pro-life community). In so doing, Jeb fooled the people into believing that he is committed to Biblical principles.

In reality however, Jeb Bush had no intention of checking any court order, as is evidenced by his own admission, even though he knew precisely that any order that mandates the taking of an innocent human's life without Due Process of Law is in total violation of the Fifth Amendment to the United States Constitution, not to mention a violation of the Sixth Commandment of the Law of God.

The chief executive has the Constitutional authority to intervene against unconstitutional court orders, and the moral obligation to use the police powers of the state to protect the shedding of innocent blood.

Jeb Bush did neither.

His commitment to the "legality" of an unconstitutional court order reveals his fidelity to judicial tyranny rather than Constitutional government, and his commitment to political expediency above the cause for life.

Any six-year-old child can thus conclude that the Republican Party is likewise so committed.

NYC pal said...

Burr,

The hypocrisy is saying out of one side of your mouth that government should not intervene in property ights matters, then out of the other saying they should in medical issues.

The only issue the courts should have been involved in is who had power of attorney in the Shiavo case. Once the courts determined that, then it was that partyy's decision how to continue her medical treatment.

Politics never should have entered the mix.

It is not government's responsiblity to keep brain-dead people alive. It is not the state's responsibility to make personal decisions for families. It is not the taxpayers burden to pay for unnecessary health cost to keep someone like Terry Shiavo alive.

Christian principles have nothing to do with it. Government should operate on principles that are not confined to one particular belief. Certainly, some principles may overlap, but government's principles and Christian principles are not, and should not, be mutually inclusive or exclusive.

Besides, if you want to talk Christian principles, if God wanted Terry Shiavo to live, then he would allow her to live without depending on man-made machines.

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