Alan Keyes on Terri's Law
May 8, 2004An interview by the staff of RenewAmerica
Q: What is your position on what has happened to Terri Schiavo, and how do you feel about the courts coming in and ordering her tube removed, in light of the law passed by Jeb Bush and the Florida legislature?
ALAN KEYES: I was glad with the fact that Jeb Bush intervened, and that the law was passed, and I think that the courts are again showing their abusive attitude toward human decency these days. And I think it's important that people in the executive and legislative branches do what's necessary to try to curtail these abuses.
Q: People have wondered if the governor has the authority with the state legislature to step in and overturn what the court has done- -and the court this past week certainly felt that the governor overstepped his bounds.
KEYES: The courts overstepped their boundaries. The branches in our government are equal branches, and that basically means that the executive is not obliged, if he believes that the courts have acted unconstitutionally- -the executive is not obliged to carry out an unconstitutional order of a court. Matter of fact, an executive in any one of our states swears an oath to uphold the constitution of the state. That's a personal oath. And just as we know in war, you can't plead "they ordered me to do it" as an excuse for doing what is against your conscience and against your obligations, so the governors can't plead it.
So, if the court orders the governor to do something he believes is unconstitutional, the governor is morally obliged by his oath to say no. And that basically means that if Jeb Bush believes that the court order is violating the constitutional rights of Terri Schiavo, he is obliged by his oath not to enforce the court order and to prevent its execution.
Q: People are wondering what we can do at this point to protect this woman's life, and if there's any action we can take.
KEYES: Well, I'm not sure. I think a lot will depend on whether or not Jeb Bush has the courage of his convictions and understands his proper constitutional position, because, in point of fact, this is a conflict between the executive and the legislature, and Jeb Bush, if he believes that the legislature has acted constitutionally, is obliged to enforce the constitutional law. He is not obliged to accept the erroneous opinion of the court.
The courts are not our masters. At the very best, they are the equal of the other branches, and when the other branches disagree with them on constitutional grounds, whether at the state or federal level, each branch is obliged to follow its own judgment, and then seek whatever remedies exist in their constitution if conflicts arise.
In this particular case, there would be no need. The court has issued an order, the executive believes it should not be carried out, the legislature agrees with the executive, they win. That's exactly what should happen. And they should simply look at the court and say, "Your order is null and void."
Q: Do you think the U.S. Supreme Court will have any role in this issue?
KEYES: I don't know. It depends on if they appeal to the federal courts, to go higher to the Supreme Court, and so forth. I think that's going to depend.
Q: Michael Schiavo has said that he feels he has the right to remove Terri's tube before the case goes to the Supreme Court.
KEYES: The governor should act to prevent that. In other words, the governor of the state, if he believes that she has a constitutional right which the court is ignoring, he is obliged to uphold the Constitution, as he understands it, and therefore to prevent this abuse from taking place. That is Jeb Bush's obligation.
ALAN KEYES: I was glad with the fact that Jeb Bush intervened, and that the law was passed, and I think that the courts are again showing their abusive attitude toward human decency these days. And I think it's important that people in the executive and legislative branches do what's necessary to try to curtail these abuses.
Q: People have wondered if the governor has the authority with the state legislature to step in and overturn what the court has done
KEYES: The courts overstepped their boundaries. The branches in our government are equal branches, and that basically means that the executive is not obliged, if he believes that the courts have acted unconstitutionally
So, if the court orders the governor to do something he believes is unconstitutional, the governor is morally obliged by his oath to say no. And that basically means that if Jeb Bush believes that the court order is violating the constitutional rights of Terri Schiavo, he is obliged by his oath not to enforce the court order and to prevent its execution.
Q: People are wondering what we can do at this point to protect this woman's life, and if there's any action we can take.
KEYES: Well, I'm not sure. I think a lot will depend on whether or not Jeb Bush has the courage of his convictions and understands his proper constitutional position, because, in point of fact, this is a conflict between the executive and the legislature, and Jeb Bush, if he believes that the legislature has acted constitutionally, is obliged to enforce the constitutional law. He is not obliged to accept the erroneous opinion of the court.
The courts are not our masters. At the very best, they are the equal of the other branches, and when the other branches disagree with them on constitutional grounds, whether at the state or federal level, each branch is obliged to follow its own judgment, and then seek whatever remedies exist in their constitution if conflicts arise.
In this particular case, there would be no need. The court has issued an order, the executive believes it should not be carried out, the legislature agrees with the executive, they win. That's exactly what should happen. And they should simply look at the court and say, "Your order is null and void."
Q: Do you think the U.S. Supreme Court will have any role in this issue?
KEYES: I don't know. It depends on if they appeal to the federal courts, to go higher to the Supreme Court, and so forth. I think that's going to depend.
Q: Michael Schiavo has said that he feels he has the right to remove Terri's tube before the case goes to the Supreme Court.
KEYES: The governor should act to prevent that. In other words, the governor of the state, if he believes that she has a constitutional right which the court is ignoring, he is obliged to uphold the Constitution, as he understands it, and therefore to prevent this abuse from taking place. That is Jeb Bush's obligation.