- October 16, 2003
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- To: The Honorable Jeb Bush
- Governor, State of Florida
- C/o Governor's General Counsel,
- The Capitol
- Tallahassee, Florida Via Fax to 850-488-98
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- Re: Execution of Terri Schiavo is "Cruel and Unusual
Punishment"
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- Dear Governor Bush:
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- I have been asked by the family of Terri Schiavo to do
what I can to save her life in light of your request yesterday for assistance
from legal counsel inside and outside your Administration toward that end.
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- Governor, you have the power, by the mere stroke of a
pen, to prohibit what is, in every sense, the execution of Terri Schiavo
by a means that is both cruel and unusual in violation of Article I, Section
17 of the Florida Constitution and the Eighth Amendment to the United States
Constitution.
Death by dehydration and starvation is arguably the most brutal, inhumane,
and pain-inducing way to kill any living creature. The United States Department
of Agriculture in its own regulations at 9CFR2.131 prohibits the withholding
of food and water from farm animals. Terri Schiavo is not less than a farm
animal.
If you, as Governor, were to order the execution of a serial killer on
death row by means of withholding food and water, you would be ordered
by any number of courts not to do so. The horror of dying by dehydration
makes death by electric chair, by comparison, an act of compassion.
The fact that this woman is neither accused nor convicted of any crime
makes absolutely no difference. In fact, the lack of criminality makes
the execution even more cruel and unusual, for a criminal sanction is being
imposed upon an innocent woman.
You have the power and the duty, under both the Florida and United States
Constitutions, which you took an oath to uphold, to enter an Executive
Order, today, to prohibit the imposition of any cruel and unusual punishment
in this State. Upon entering such an Order, you then have the power, right,
and duty to give force to that order by dispatching state law enforcement
officials to take custody of Terri Schiavo and stop her forced starvation
and dehydration.
Governor Bush, you do not need a court order to do any of this. No court
at any level has the power to revoke the Florida and United States Constitutions.
They cannot revoke your oath of office. You are an enthusiast of the
James Madison Institute, and as such you know that the Executive branch
of government is co-equal with the other two branches. No judge has the
power to elevate the judicial branch over the executive branch thereby
abrogating your state and federal constitutional duties and powers.
On behalf of the family of this innocent woman, and with all respect for
the responsibilities of your office, we ask that you act immediately.
Respectfully,
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- Jack Thompson
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- http://www.terrisfight.org/lead.htm
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