[ … ] In two of the three cases mentioned above, the Democrats' use of force was in direct contravention of court rulings. Admittedly, this was a very long time ago – back in U.S. history when the judiciary was only one of the three branches of our government. Democratic Gov. Orval Faubus called out the Arkansas National Guard expressly for purposes of defying rulings of the U.S. Supreme Court and lower federal courts.The medical profession has a commitment to a basic principle, “First of all, do no harm.”. The Congress of 1776 declared as a foundational principle. of the Republic, “All men … are endowed by the Creator with certain inalienable rights, including life, … “ The Constitution gives specific authority to the legislative and executive branches of government as well as to the judicial branch.
The decadent buffoon Bill Clinton sent armed agents from the INS to seize a small boy from an American family – despite rulings by the majestic and infallible Florida courts granting custody of the boy to that very family. [ … ]
To the contrary, what has gone down in history as a glorious moment for the republic was when President Dwight Eisenhower (Republican) called out military force of his own. In response to Gov. Faubus' abuse of the National Guard, Eisenhower simultaneously revoked Faubus' control of the National Guard and ordered the 101st Airborne Division to escort black students to school. (Minutes later, Democrats pronounced the Arkansas public schools a "hopeless quagmire" and demanded to know what Ike's exit strategy was.)
As important as it was to enforce the constitutional right to desegregated schools, isn't it also important to enforce Terri Schiavo's right to due process before she is killed by starvation? [ … ]
As a practical matter, courts will generally have the last word in interpreting the law because courts decide cases. But that's a pragmatic point. There is nothing in the law, the Constitution or the concept of "federalism" that mandates giving courts the last word. Other public officials, including governors and presidents, are sworn to uphold the law, too.
Just once, we need an elected official to stand up to a clearly incorrect ruling by a court. Any incorrect ruling will do, but my vote is for a state court that has ordered a disabled woman to be starved to death at the request of her adulterous husband. [ … ]
[State judge] Greer has cut off the legal rights of Terri's real family and made her husband (now with a different family) her sole guardian, citing as precedent the landmark "Fox v. Henhouse" ruling of 1893. Throughout the process that would result in her death sentence, Terri was never permitted her own legal counsel. Evidently, they were all tied up defending the right to life of child-molesting murderers.
Given the country's fetishism about court rulings, this may be a rash assumption, but I presume if Greer had ordered that Terri Schiavo be shot at her husband's request – a more humane death, by the way – the whole country would not sit idly by, claiming to be bound by the court's ruling because of the "rule of law" and "federalism." President Bush would order the FBI to protect her and Gov. Bush would send in the state police.
What was supposed to be the "least dangerous" branch has become the most dangerous – literally to the point of ordering an innocent American woman to die, and willfully disregarding congressional subpoenas. They can't be stopped – solely because the entire country has agreed to treat the pronouncements of former ambulance-chasers as the word of God. The only power courts have is that everyone jumps when they say "jump." (Also, people seem a little intimidated by the black robes. From now on we should make all judges wear lime-green leisure suits.)
President Andrew Jackson is supposed to have said of a Supreme Court ruling he opposed: "Well, John Marshall has made his decision, now let him enforce it." The court's ruling was ignored. And yet, somehow, the republic survived.
If Gov. Jeb Bush doesn't say something similar to the Florida courts that have ordered Terri Schiavo to die, he'll be the second Republican governor disgraced by the illiterate ramblings of a state judiciary. Gov. Mitt Romney will never recover from his acquiescence to the Massachusetts Supreme Court's miraculous discovery of a right to gay marriage. Neither will Gov. Bush if he doesn't stop the torture and murder of Terri Schiavo.
If judges act as though they are above those principles, they are indicating a need for correction.
