The Fight is On

There is a war going on for the heart of our Republic. In the end either the Republic will prevail or Tyranny will reign supreme. What is this war you may ask.

It is something deeper than Republican vs Democrat. Conservative vs Liberal vs Leftist. It is truly right vs wrong. The Constitution and our Founders dream vs those that want to destroy that dream and this Republic from within.

I have written about this topic before and must again write on it. This is about our 3 branches of government. What they are. What they do. And what powers they have and don’t have.

There is a common myth that the 3 branches of government are co-equal. This is not the case and it is not how our Founders designed it. One branch was singled out to be the weakest branch by design. Our Founders saw the inherent evil in a powerful and unelected judiciary. So the purposely restrained the power of the courts.

But let’s review the 3 branches and what they do. There is the Executive branch. This is headed by the President. In a nutshell, the Executive branch sets and enforces policy and enforces the rule of law as created by the Legislative branch.

The Legislative branch is Congress, both the House and Senate. Their job is simple. They create laws, no other branch has this power.

Lastly is the Judicial branch. This is made up of the of the Supreme Court and any lessor courts as directed by Congress. Here is where there is a lot of confusion. The job of the Court is NOT to interpret laws. This is a wicked lie and usurpation of power and authority not granted to the Courts under the Constitution. The Courts job is to judge actions under the law.

Our Founders did not grant the Courts the power of “judicial review” of laws, statutes, acts, or even of the Constitution itself. This wasn’t an oversight, this was deliberate. These are all powers that the Courts have granted unto themselves without any authority other than “they said so.” These powers were and are well established in European Courts and have been abused for centuries. That is why our Founders did not give the Courts of the United States these powers.

The Constitution is very clear. All powers granted to the specific branches are spelled out in details. Any other powers are not granted to them at all. They are all reserved for the States or the People. This too is written in plain language.

Today we have a President challenging this run-a-way activist Court which has issued opinions contrary to the rule of law and the policies of the administration. These are the correct actions by the President to ignore these opinions and it is causing an uproar.

The Judiciary committee in Congress will have the final say on this and we pray they will see the light and strike down these unelected black-robed tyrants attempting to usurp the power of the Executive branch as they did the Legislative branch. And the people.

Senate Approval

Simon Conway on WHO Radio was talking about this on Monday. I didn’t have an opportunity to call in or otherwise voice my thoughts on the subject since I was driving at the time.

Simon was comparing the United States to Great Britain. When there is an election for a Prime Minister, the head of government, the next day they get to pick their Cabinet ministers and the day after they get down to business of governing.

This is not the same in the United States. We elect our President, the head of state and government, and then the they get to pick their Cabinet secretaries. But these must be approved by the Senate. This can be a long process and made even longer if the Senate is controlled by an opposition party.

When the framers of our Constitution wrote these rules they had fled from Great Britain and other European monarchies. A problem at the time was the King was still very much involved in politics at the time. And thus could have yes-men picked for minsters of government.

Our founders wanted to have a check and balance on that power. So although the President is the head of the Executive branch, his appointments must be confirmed by the Senate.

Now of course at the time, the Senate was meant to represent the States in government. They were appointed by the state legislatures or governors and not elected by the people. That was for the House of Representatives.

We have since altered our Constitution and made the Senate also elected by the people. But I think this was a mistake for our Federal Republic. It should still be in control of the States.

This is just why the United States does it differently than Great Britain. Maybe we should have a new Amendment that removes the Senate approval for appointees of the President.