Vision Forum E-mail Newsletter

« Panel Rejects Chief Justice's Due Process Appeal | Main | Schedule for Today's Uniting Church and Family Conference »

Court Orders Execution by Starvation of Innocent Wife

Terri Schindler-Schiavo is alive. She breathes on her own. She may or may not be comatose. Despite this fact, Terri’s husband Michael Schiavo, U.S. District Judge Richard A. Lazzara and Pinellas-Pasco Circuit Court Judge George Greer have acted to condemn her to a tortuous death by starvation.

Her crime: She is inconvenient and expensive. She is what Margaret Sanger, founder of Planned Parenthood and mastermind of modern birth control, abortion and eugenics policy described as “human waste.”

Remarkably, videotaped evidence has surfaced that Terri has actually responded to information that she will be killed. Her grief stricken father, Robert Schindler, distributing a video which showed that Terri tried to get out of her chair when told that she might be killed. By releasing the video her father violated a court order.

At 2:00 yesterday the feeding tube was removed. Unless Florida Governor Bush intervenes, she will now starve to death over the next 10 to 14 days.

When Terri dies, this will be a case of murder. The clear culprits are the husband, his lawyers, the federal judge and the actual physicians and nurses who are wrongfully carrying out the order. All of these individuals are party to a murder. It is no different than if a mother locked her dependent infant in a room for two weeks without food or water. And when it comes to murder, no one can claim “I was just following orders.” All who have participated are responsible.

We must pray that Terri is rescued from this evil act, and that those responsible will be thwarted from evil, either through their repentance and restitution for the crime they have committed, or through God’s righteous judgment as declared by the Psalms for all who destroy the innocent. Either way, it is not in human hands to see such a result, but in God’s hands. “Vengeance is mine, I will repay, saith the Lord.”

Constitutional Scholar Herb Titus Explains Why Governor Bush Has A Constitutional Duty to Prohibit the Execution of Terri:

In response to a request, this memorandum is submitted addressing whether the governor of the State of Florida has the constitutional power to stop a Florida court order conferring upon the husband of Terri Schindler-Schiavo the sole discretionary power to disconnect his brain-disabled wife’s feeding tube. Not only does the governor have such power, but the governor has a constitutional duty to prevent any action taken pursuant to such a court order, because such action would violate Ms. Schindler-Shiavo’s constitutionally guaranteed “inalienable right to enjoy and defend life” regardless of her “physical disability” as secured by Article I, Section 2 of the Florida State Constitution.

According to Article I, Section 2, “[a]ll 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 ....” Additionally, Article I, Section 2 provides that “no person shall be deprived of any right [including the right to enjoy life] because of ... physical disability.” According to Article IV, Section 1, “the supreme executive power” of the state of Florida is vested in the “governor ... who shall take care that the laws be faithfully executed.” Thus, the governor has the power, indeed the duty, to ensure that this constitutional guarantee of the “inalienable right ... to enjoy and defend life,” regardless of physical disability, is preserved.

In the exercise of this his “take care” powers, the governor is not bound by a court order, such as the one in the Schindler-Schiavo case, when that court order is inconsistent with the actual constitutional guarantee. As President Andrew Jackson once observed, judicial “precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power.” This observation is especially significant in determining the scope of the constitutional powers of the office of governor, a separate and independent branch from the judiciary. Again, as President Jackson put it, the chief executive officer of a government is bound by his oath of office to decide matters of constitutional right and power according to the executive’s interpretation of the constitution, not according to the judiciary’s interpretation. Therefore, if the governor believes that Ms. Schindler-Schiavo has the constitutional right to “enjoy life” regardless of her present disability, as he has stated in filings submitted to the courts, then the governor is duty bound to stop any action taken pursuant to that unconstitutional order that would result in the deprivation of Ms. Schindler-Shiavo’s constitutional right to life.

Such executive intervention into the judicial processes does not violate the separation of powers. To the contrary, as Alexander Hamilton stated in Federalist No. 78, the exercise of judicial power is subject to the check and balance of the executive branch which, alone, has the power to enforce a judicial order. Thus, if a court order is contrary to the law of the inalienable right to life — as the order in the Schindler-Schiavo case surely is — then according to Article IV, Section 1 of the Florida Constitution, the governor, vested with the “supreme executive power,” should intervene to stop any action taken pursuant to that court order. After all, as the great English legal authority — Sir William Blackstone stated — a court opinion or order and the law are not the same thing, in that a court opinion or order may be contrary to law, and therefore, not law at all. I W. Blackstone, Commentaries on the Laws of England 71 (Univ. Chi. Facs. Ed: 1765). If the governor allows a court order granting discretion to one person to decide for another person whether the latter person lives or dies to go unchallenged, then he would fail to “take care” that the “law” of the equal right to life, as secured by Article I, Section 2 of the Florida Constitution even for the physically “disabled,” is “faithfully executed.”

Contact the Governor and Appeal to Him to Exercise His Constitutional Duty to Preserve Innocent Life

Governor Bush’s contact information is as follows:

E-mail:
Governor Jeb Bush
jeb.bush@myflorida.com

Write:
PL 05 The Capitol
400 South Monroe Street
Tallahassee, FL 32399-0001

Telephone:
850/488-4441
Fax: 850/487-0801

Web Site