The Schiavo matter is dramatically
different. Not only am I convinced that judicial impeachment applies
here, I am convinced that it applies to every federal judge in the
chain from the district court judge who first received the case
under the act signed by President Bush, through the appeals judges
of the 11th Circuit, to all nine sitting members of the U.S. Supreme
Court, with the exception of the one or two judges that bucked the
system.
This is the first time in my several
decades of dealing with constitutional law that such a situation
exists. I never imagined that I would see this situation in my
entire lifetime or in my professional career.
The key points are summarized here.
They are based on two one-hour radio talkshow interviews I did
locally this week which laid out the matter in some detail.
First, Article III uses the
words "good behavior" as the term of art dealing with the
impeachment of federal judges. The Constitution uses the words "high
crimes and misdemeanors" as the standard of impeachment for the
executive and legislative branches. "High crimes and misdemeanors"
is a higher and more rigid standard than "good behavior" in Article
III. In the Schiavo matter, the misconduct on the part of the
federal judiciary violates both standards. It violates the "high
crimes and misdemeanors" standard because by refusing to protect the
substantive right to life of Ms. Schiavo under the 14th Amendment,
and treating the matter as strictly procedural, the various judges
made themselves accessories to murder. It violates the "good
behavior" standard for the sorts of reasons explained by William
Blackstone in his Commentaries on the Laws of England.
The federal courts obstinately
refused in the Schiavo matter to employ a jurisprudence of
constitutionally protected inalienable rights mandated by the
Declaration of Independence, the Constitution of the United States,
the rights model of original American jurisprudence from the era of
the Founders, and as extended to state misconduct by the 14th
Amendment.
The federal courts refused to
judicially notice that we prosecuted people for war crimes at
Nuremberg for the very sorts of actions taken and required by the
Florida state courts in clear violation of the original meaning of
inalienable rights and due process of law.
Under our federal union, there has
never been a power in any state to execute anyone not convicted of a
crime and who has not been indicted and/or tried criminally. Under
our federal union and under the constitutions and bills of rights of
every individual state, the right to life is inalienable. At the
state level, that right can only be lost by an individual
person through an act of wrongdoing constituting a forfeiture and
adjudicated as such through a criminal trial where due process would
apply. Executing an innocent person through a civil process is ultra
vires by definition and has been ultra vires for over two hundred
years of American experience. Having occurred in the Schiavo
matter, the question is not one of due process because there can be
no such process, period. Where such occurs, as it has here, it is an
act of state tyranny by definition, the ground upon which we fired
the king of England.
When people say Ms. Schiavo received
due process that is not true because the state is not permitted to
have such a process, period. For any state to have a process that
executes a person or citizen unconvicted of a crime is not a matter
of due process because there can be no such process. The 14th
Amendment mandates that the right to life be protected by the
federal government if a state materially fails in its duty to secure
the inalienable right to life. For any federal judge to fail in that
14th Amendment duty is "bad behavior" and criminal negligence. When
the federal courts treated the matter pro forma as a procedural one
rather than one of substantive rights, the courts materially
breached their duty to a person who is also a citizen of the United
States under the 14th Amendment with both personhood and citizenship
rights. In light of the fact that the federal judges' malfeasance
has materially redefined (by inaction) something as fundamental to
all persons and American citizens as the right to life, and
demonstrated by precedent that the federal courts criminally
disregard their duty to uphold the right to life, they have failed
to maintain the standard of good conduct required of a federal judge
and forfeited the respect and obedience of the American people.
For these and related reasons, every
federal judge involved in the execution of Terri Schiavo has
violated his/her office as judge and has committed the high crime of
being an accessory to murder. Therefore every judge so tainted MUST
be impeached by Congress and removed from the bench.
