Bill Bennett urges Jeb to ignore the courts

[Cocoa]

I'm no lawyer, but I'm 100% confident that all this fancy legal stuff adds up to a big pile of crap...

http://www.nationalreview.com/script/printpage.asp?ref=/comment/bennet_kennedy200503240814.asp

<snip>

In theoretical terms, this is a conflict between the separate powers of Florida government, as the judicial and executive branches have different opinions about what the Florida constitution requires. But in practical terms, Terri's life hangs in the balance: If the Florida supreme court prevails, she dies. If Governor Bush prevails, she lives. It is a mistake to believe that the courts have the ultimate say as to what a constitution means. Every governor is bound by oath to uphold and protect his state constitution. In the case of Florida, the constitution Mr. Bush pledged to defend declares that, "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..." If the governor believes that he and the Florida legislature possess the constitutional authority and duty to save Terri's life, then he is bound by his oath of office to do so.

James Madison remarked in the 51st Federalist that "auxiliary precautions" — constitutional mechanisms such as separation of powers and checks and balances — are necessary for limiting the power of government, a means for the end of protecting rights. But, Madison also reminded us, "a dependence on the people is, no doubt, the primary control on the government." The Florida constitution echoes Madison when it states in Section 1 that, "All political power is inherent in the people."

The "auxiliary precautions" of Florida government — in this case the Florida supreme court — have failed Terri Schiavo. It is time, therefore, for Governor Bush to execute the law and protect her rights, and, in turn, he should take responsibility for his actions. Using the state police powers, Governor Bush can order the feeding tube reinserted. His defense will be that he and a majority of the Florida legislature believe the Florida Constitution requires nothing less. Some will argue that Governor Bush will be violating the law. We think he will not be violating the law, but if he is judged to have done so, it will be in the tradition of Martin Luther King, Jr., who answered to a higher law than a judge's opinion. In so doing, King showed respect for the man-made law by willingly going to jail (on a Good Friday); Governor Bush may have to face impeachment because of his decision.

In taking these extraordinary steps to save an innocent life, Governor Bush should be judged not by the opinion of the Florida supreme court, a co-equal branch of the Florida government, but by the opinions of his political superiors, the people of Florida. If they disagree with their governor, they are indeed free to act through their elected representatives and impeach him. Or they can vindicate him if they think he is right. But he should not be cowed into inaction — he should not allow an innocent woman to be starved to death — because of an opinion of a court he believes to be wrong and unconstitutional.

Governor Jeb Bush may find it difficult to protect Terri's rights without risking impeachment. But in the great American experiment in republican government, much is demanded of those who are charged with protecting the rights of the people. Governor Bush pledged to uphold the Florida constitution as he understands it, not as it is understood by some Florida judges. He is the rightful representative of the people of Florida and he is the chief executive, in whom the power is vested to execute the law and protect the rights of citizens. He should use that power to protect Terri's natural right to live, and he should do so now.

[TahitiNut]

1. Oh, goodie! I hope Jeb takes this idiot's advice.

This would make Elian seem like nothing. How wise of them to make it a Federal case! That would make it a federal civil rights violation.

[ladjf]

24. We couldn't be that lucky.

[FreedomAngel82]

33. Exactly

I feel so bad for poor Mr. Schavio. :( I'm sure this is draining him to death (no pund intended). He's being so brave going up against these people just to carry out his wife's wishes so they can all move on in peace. Jeb Bush and his little followers should be ashamed of themselves. *sigh*

[Snotcicles]

52. Bills got a hundred thou riding on it n/t

[Ilsa]

53. I was thinking the same thing this afternoon, but then I remembered

that Terris Schiavo didn't want that, and she wouldn't have wanted video of herself laid up in bed and someone pulling up her gown to show the PEG tube on tv. This poor woman has had her dignity stripped away from her by her mindless parents.

But Jebbie making that move would certainly be good for the Democratic party politically. The extremists would finally be tipping their hand, and moderates would back away from them faster than a mutating case of TB.

[CO Liberal]

2. Just Like Bill Bennett Ignored His Gambling Problems????

:shrug:

[Cocoa]

7. that wasn't a gambling problem

it was just a withdrawal from his "moral bank account."

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x114577

[tsuki]

17. Ah yes, the "virtue" of gamboling. At least, it kept him occupied.

[AlCzervik]

19. Money that Bush took from us to fund homeschooling programs

and school choice campaigns that were done by Bennetts front company.

[nadinbrzezinski]

3. Jebby may be risking impeachment if he goes on

this is truly a fight between the two branches

My take, GO JEBBY, GO.. please continue to show to the People YOUR DISREGARD for the Judiciary and how RADICAL you boys are.

Go Jebby, do it...

(Never interrupt an enemy when he is making a mistake, Napoleon)

[katsy]

4. JUST a republican gov't??????

A great American experiment?

:wtf:

[Left Is Write]

36. As in, this country is a republic.

Not "Republican" with a capital R, as in the political party.

[Nordmadr]

5. Yeah, set the precedent...

why don't we all just go ahead and ignore the courts?

Olaf

[Walt Starr]

6. Do it, Jeb. You KNOW that you want to.

DO IT!!!!!!

[lies and propaganda]

8. I say "Vegas Baby!"

Why dont you conies take a trip, do some blow, get some hookers, and ruin the rest of Jebbys political career.

[Guckert]

9. I'd "BET" Bills advise is sound?? *te he te he te he*. I say do it Jeb..

I cant wait to see Jeb frog marched into a holding cell...

[H2O Man]

20. What are the odds

that Bill would say something that fucking stupid?

[Guckert]

28. the odds are 1,000,000 to 1 that he would give Jeb that asinine advise.

[H2O Man]

32. Safe bet.

For whatever reason, the mere thought of that fellow makes me think of "what are the odds?" and other silly gambling jokes.

[dweller]

31. Stupid? 100 to

none.

dp

[H2O Man]

42. Yep.

I probably should have asked what the odds were that Bill could resist saying something that stupid. Likely the same odds, though. If Bill feels so strongly that this is a moral issue, why doesn't he step up to the plate, and attempt the rescue mission?

[FreedomAngel82]

35. I'd be enjoying the show if he does

It should be a good one. :toast:

[Maestro]

10. So basically law means nothing

because if you and some buddies perceive what you are doing as more noble then you shouldn't be punished for it. Sorry Bennett ole boy, comparing Jebediah to MLK is a poor analogy. He was fighting true social injustice. What we are seeing today is a government dictating what it thinks the law should do, not what it actually says. Big difference. Leave poor Schiavo alone and get your noses out of our (the people's) business!!!!!!!!!!!!

[FreedomAngel82]

37. Did they really

compare Jeb to MLK? :wtf:

[Maestro]

55. Right here

The "auxiliary precautions" of Florida government — in this case the Florida supreme court — have failed Terri Schiavo. It is time, therefore, for Governor Bush to execute the law and protect her rights, and, in turn, he should take responsibility for his actions. Using the state police powers, Governor Bush can order the feeding tube reinserted. His defense will be that he and a majority of the Florida legislature believe the Florida Constitution requires nothing less. Some will argue that Governor Bush will be violating the law. We think he will not be violating the law, but if he is judged to have done so, it will be in the tradition of Martin Luther King, Jr., who answered to a higher law than a judge's opinion. In so doing, King showed respect for the man-made law by willingly going to jail (on a Good Friday); Governor Bush may have to face impeachment because of his decision.

[LuminousX]

11. I hope Bill called Jeb and personally gave him the advice

instead of hoping Jeb happens to read what he wrote. I mean, really, with sound advice like this, Jeb would be an idiot to take no action.

[davidinalameda]

12. go for it Jebbie!

we're behind you 100%

just think of those campaign commercials next year and in 2008

yepster!

[xray s]

13. So in other words Bennet is saying...

Jeb's got cops with guns so that trumps judges.

Sounds like a police state to me.

[tsuki]

18. Andy Jackson said that also.

[seventythree]

14. Bennett no doubt has money on it

It is really scary to say the court's don't have the ultimate power to decide what the consitution says -- to think otherwise is to advocate for a dictatorship --

[xultar]

15. Jeb, I think you should go for it man. Bill is RIGHT on track! n/t

[NYC Liberal]

16. Unless, of course, the court is deciding an election.

Then the courts totally have the final say!

[FreedomAngel82]

40. Oh yeah

And then the judges are nice and good. :eyes: But when they don't agree with them they're the evil liberal judges (even if they're conservative). Oy. It's all weird and backwards.

[Nothing Without Hope]

21. And there in a nutshell is what this is really aimed at:

"It is a mistake to believe that the courts have the ultimate say as to what a constitution means."

They want to strike down the Constitutional structure of government and destroy the authority of courts whose decisions they find inconvenient. THAT is what this is about. The rest of the diatribe is pointless garbage, but Bennet revealed himself in that one sentence.

This is an attempt at a replacement of constitutional democracy by a fascist theocratic dictatoriship. They've come a long way along that road already, and now they're going for the judges. When TS dies, they will whip up the voters -- with the help of the collaborating press -- with hatred for the "activist judges" that let the "innocent young woman die." The NEW judges that will be coming in will be the scum of the earth, making even Scalia look scholarly and fair.

That's the plan, and so far it's working well. Even the sheer distraction factor has been devastating to the progressives. Even at DU, vitally important news has been swamped to invisibility by the ongoing hundreds of repetitive, endless Schiavo threads. And yet they just keep coming. This is INSANITY!

[Hand]

25. You got it. It's also known as mob rule. nt

[FreedomAngel82]

43. I think so too

They're trying to get rid of it all. :\ That's what's scary. They're trying to probably re-create the Constiution and Bill of Rights or just do away with it all. Can we say facisim?

[Nothing Without Hope]

45. Of COURSE it's fascism. No need to be timid about saying it.

It's fascism all right, and the signs of it are all around us.

This whole TS circus is part of the very serious plot to destroy the authority of the judicial branch of the US government. They are well on the way to their long-term goal of establishing a fheocratic fascist dictatorship, and they don't want those "activist judges" telling them that their actions are illegal or unconstitutional.

[DemoTex]

22. Ah. Bill Bennett the moral scold.

He's credible. Not! Bennett is morally bankrupt.


GOP moral bankruptcy Bill

[Cocoa]

27. lol

at the pic. :-)

[Hand]

23. Miserable son of a bitch...

The sack of shit actually conflates Jebby usurping powers he doesn't have with Dr. King putting his life on the line to challenge centuries of racial discrimination.

SHOVE IT UP YOUR SYPHILITIC ASS, BENNETT!

[Jack Rabbit]

26. Where did Bennett learn civics?

EDITED for typing

The judicial branch of government, not the executive, is tasked with interpreting the law. Were the Governor to do what Mr. Bennett is suggesting, it would be a clear usurpation of power.

That argument about Dr. King is a lot of hooey. When Dr. King violated the law, he was more than willing to pay the price for doing so (usually a night as the guest of the local sheriff). There is no question of making Governor Bush pay a price like that for disobeying the law.

It is not for the chief executive to interpret the law. Once the courts have ruled, he is obligated to obey the ruling. As a practical matter, Mr. Bennett is correct in that if the governor were to brazenly show contempt of the courts and the state legislature do nothing about it, he'll get his way. But please don't call it the rule of law. That is one thing it would not be.

[Cocoa]

34. law degree from Harvard Law

PhD in philosophy from Univ. of Texas, no doubt concentrated in sophistry.

[Jack Rabbit]

44. Sophistry, indeed

There's a lot of that in his argument.

[kodi]

29. courts have the ultimate say as to what a constitution means IS THE LAW .

bennett and his ilk are attempting to roll back 4,000 years of human history by demanding that civilization is based upon the rule of men, not law.

he should be taken out and put in stocks for his sophism.

[Nothing Without Hope]

48. Instead, he will be rewarded for his "loyalty"

They are after nothing less than a theocratic fascist dictatorship. The courts are in their way, so they are out to destroy the judicial branch of the US government except as a rubber-stamp sentimental and audience-reassuring formality.

This is the whole point: what is the law? And who determines it ultimately?

The Constitition was set up to avoid exactly the situation we are now in - a fast-evolving dictatorship - and also was carefully worded to avoid a theocracy. The Constitution is dead-set against everything they want, so they seek to destroy its authority. They want to make it like the bible - something they can quote selectively to support only what they want to believe, while ignoring what is inconvenient to their schemes.

This is dead serious, and it's awful watching the nazi-collaborating press turn this tragic family story into a circus glorifying the godly gladiators "fighting for an innocent young woman's life" while "activist judges" are trying to kill her. This is set up so they can "justify" defying judicial authority and also Constitutional law. That's all there is to it, whipped up, manipulated emotion vs. the rule of law, with the Poodle Press a huge factor in helping the fascists.

[Demit]

30. L'etat, c'est Moi?

"He is the rightful representative of the people of Florida and he is the chief executive, in whom the power is vested..."

No other two branches of government need apply. Oy!

[DemocracyInaction]

38. I've got the "talking point" if he does..................

That's when we Dems start yelling: Who the fuck do Prince Jeb and Prince Georgie, sons of the inherited wealthy, think they are??--Do they think they are aristocrats ABOVE the law of this land?? One lies us into war and was never elected. One declares himself above the courts (including the Supreme Court). America, we divorced ourselves from a monarchy in 1776. Drag these self-proclaimed American royalty out of our government NOW and hand them their heads!!!!

[July]

51. Obey the law. I'd like to see people yelling that at Jeb.

I'm going to use your concept and, if Jeb is foolish enough to go for it, ask wingers what would happen if they defied court orders, and why somebody named Bush can do what they can't.

[underpants]

39. What are the ODDS of that happening?

:D

[fryguy]

41. "It is a mistake to believe that the courts have the ultimate....

...say as to what a constitution means."

um, actually bill, that's precisely who has the ultimate say in what the constitution means.

[mondo joe]

46. Bill Bennett is no doubt running a pool on what day Terri will expire.

[IndianaGreen]

47. We are a nation of laws, not men!

Just as it was wrong for Clinton to lie to a federal grand jury, it would be far worse for Jeb Bush to ignore the Florida judiciary, plus the federal judiciary, by snatching Terri Schiavo from her hospice bed. There are limits beyond which public officials cannot go, and doing an extra-legal action on the Schiavo case is one of them.

Jeb Bush is the smarter of the Bush brothers, and I seriously doubt that he would risk being in contempt of court and being impeached. Even most conservatives will be outraged by the nuclear option.

BTW, Bill Bennett is an idiot!

[Nothing Without Hope]

49. The US is BECOMING a nation of theocratic fascists.

This is all a circus designed to whip up and manipulate public support for destroying the authority of the judicial branch of the US government and reducing the Constitution to the status of their bible - something selectively quoted to justify what they want while being ignored when it clearly forbids something they want.

It is deadly serious, and the nazi-collaborating corporate press is doing everything it can to speed the fascist takeover along.

[Just Me]

50. Very concerning that Bennett suggests the courts have no authority,...

,...rule to on the Constitution.

I'll betcha' there's lots and lots of reasonable people who are pretty stunned by remarks like that.

[Al-CIAda]

54. "Luck be a lady tonight!!!!" -eom