Leaving the Democrats

[vern_humphrey]

Richardols:

No. The Schiavo case was unique. Your example would have been one of contempt of federal court.

True – precipitate use of force by the Governor would have been contempt of court – at least!

Imagine the world the day after Jeb Bush used the National Guard to thwart a court ruling – governors all over the nation would suddenly have a new power to compel courts. And why stop there? Legislatures would be subject to modern-day Prides Purges.

 

[Richardols]

rlg94086:

Richard,

Do you agree? It looks like you and Miguel could find some common ground.

Robert

No, we don’t have much common ground. The Governor would have had no grounds for arresting the Judge who was acting entirely legally. What I fault him for is for not having the courage to carry out a single coup de main on Mrs. Schiavo’s behalf.

 

[Richardols]

vern humphrey:

True – precipitate use of force by the Governor would have been contempt of court – at least!

Just that. A contempt of court citation from a local court.

Imagine the world the day after Jeb Bush used the National Guard to thwart a court ruling – governors all over the nation would suddenly have a new power to compel courts. And why stop there? Legislatures would be subject to modern-day Prides Purges.

You and I both know that no one else would consider it such.

 

[rlg94086]

Richardols:

No. The Schiavo case was unique. Your example would have been one of contempt of federal court.

BTW, your premise is, unless I’m mistaken, the one the Constitutional Party candidate proposed.

I’m not proposing it - it’s antithetical to my belief in our Constitution.

I disagree with your characterization of the Schiavo case being unique with respect to the governor’s answering to a higher law. I personally believe Gov. Bush did everything within his role as governor.

You say he should have “placed himself above state law and followed a higher law”. Logically, this should extend to any case where he feels he his following a higher law. I guess if it’s not a governor’s place, than the President should place himself above federal law, follow a higher law, and close all abortion clinics. Would that be okay?

 

[Richardols]

rlg94086:

I’m not proposing it - it’s antithetical to my belief in our Constitution.

Fine.

I disagree with your characterization of the Schiavo case being unique with respect to the governor’s answering to a higher law.

Okay, we disagree. I have no problem with that.

I personally believe Gov. Bush did everything within his role as governor.

I agree. He did everything he could do prudently within the law.

 

[marvin]

Richardols:

The local cops would not have started a shootout with the State Police. Local police don’t put their lives into danger over something like a custody case

.

You’re sure about that? Are you a local cop? Are you implying that a police officer wouldn’t do his job because it would “put his life in danger”?

Discretion is the better part of valor, it is said.

No kidding! So Jeb used his discretion to avoid potential violence.

And BTW what about Howard Dean’s threat to use the Schiavo case as an election issue in '06?

 

[rlg94086]

Richardols:

I agree. He did everything he could do prudently within the law.

Thanks for that. I was hoping we would agree that our elected officials should act according to the laws of our land.

God Bless,

Robert.

 

[vern_humphrey]

Richardols:

Just that. A contempt of court citation from a local court.

A bad precident for a governor to set!

Richardols:

You and I both know that no one else would consider it such.

Really? How about the next judge who found himself staring down the barrel of an M16?

 

[Richardols]

rlg94086:

Thanks for that. I was hoping we would agree that our elected officials should act according to the laws of our land.

Yes, “should act” is the general rule. I, however, am open to rare exceptions to the rule.

 

[vern_humphrey]

rlg94086:

I guess if it’s not a governor’s place, than the President should place himself above federal law, follow a higher law, and close all abortion clinics. Would that be okay?

That’s exactly where we would be heading – governors using the National Guard to do what they considered “right,” and presidents using the Army.

Anyone who thinks Jeb Bush should have over-ridden the courts with force of arms should take a real deep breath!

 

[Richardols]

vern humphrey:

presidents using the Army.

Didn’t Eisenhower do just that?

Anyone who thinks Jeb Bush should have over-ridden the courts with force of arms should take a real deep breath!

No force of arms. You are making a mountain out of a molehill.

 

[miguel]

Richardols:

No, we don’t have much common ground. The Governor would have had no grounds for arresting the Judge who was acting entirely legally. What I fault him for is for not having the courage to carry out a single coup de main on Mrs. Schiavo’s behalf.

So it’s perfectly legal for a judge to order the starvation death of a defenseless handicapped lady. Please cite the statute giving judges this legal right?

 

[vern_humphrey]

Richardols:

Didn’t Eisenhower do just that?

To enforce the rulings of the court, not to violate them.

Do you say Faubus was RIGHT?!?!

Richardols:

No force of arms. You are making a mountain out of a molehill.

You really think if a Governor used the State Police or the National Guard to over-ride a court, they won’t be armed?

 

[miguel]

rlg94086:

Thanks for that. I was hoping we would agree that our elected officials should act according to the laws of our land.

Roe v. Wade is not a law.

 

[Richardols]

miguel:

So it’s perfectly legal for a judge to order the starvation death of a defenseless handicapped lady. Please cite the statute giving judges this legal right?

The judge followed proper legal procedure. No one has challenged that. And, his action was upheld by an appellate court - of mostly Republicans, BTW.

Even if I personally can’t cite the statute, he certainly had the law on his side. Though I fault J. Bush for what he didn’t do, I know that Bush was aware that Greer was acting within the law.

 

[rlg94086]

miguel:

Roe v. Wade is not a law.

I never said it was, but it is a ruling by the Supreme Court.

 

[miguel]

vern humphrey:

That’s exactly where we would be heading – governors using the National Guard to do what they considered “right,” and presidents using the Army.

Anyone who thinks Jeb Bush should have over-ridden the courts with force of arms should take a real deep breath!

How about not enforcing their decisions?

 

[miguel]

rlg94086:

I never said it was, but it is a ruling by the Supreme Court.

That doesn’t make it law. What makes it law is the other two branches enforcing it. They don’t have to under Constitutional checks and balances.

 

[Richardols]

vern humphrey:

You really think if a Governor used the State Police or the National Guard to over-ride a court, they won’t be armed?

Being armed and using arms are two different things. Cops make thousands of arrests without ever drawing a gun.

 

[Richardols]

miguel:

That doesn’t make it law.

It has the force of law. Laws don’t have to be statutory, e.g. the common law.