Three separate, yet equally broken branches (is the tree of liberty rotten to the core?)
Let us not forget why our government is set up in the manner it is, nor the manner in which laws are made, enforced and interpreted.
Following is the brief refresher of how our system is supposed to work. I’d encourage you to send to your representatives, as it seems some of them need a reminder when it comes to trade, treaties and more.
- The Legislative Branch to make the laws. Congress is made up of two houses, the Senate and the House of Representatives.
- The Executive Branch to enforce the laws.
- The Judicial Branch to interpret the laws.
For the sake of time, I’ll discuss one current case.
Kim Davis’ refusal to issue marriage licenses landed her in jail for contempt of court. I was pleased to see her released but she never should have been imprisoned in the first place. She claimed that she was refusing to issue marriage licenses based on her religious beliefs, but I’d argue it is her right as an executive to enforce the laws as written. Isn’t she just enforcing the laws on the books, and isn’t that what we want her to do?
Let me give you an example of a Supreme Court interpretation from over 150 years ago. In 1857, the Supreme Court ruled against Dred Scott, a slave who had sued for his family's freedom, in Dred Scott v. Sandford. The ruling provided legal backing for slavery and found that people of African descent were not considered U.S. citizens and therefore not granted the protections of the Constitution. The decision became widely regarded as the worst ever made by the court and was eventually overruled by the Fourteenth Amendment in 1868.
That Supreme Court ruling was completely ignored for years by half of our Country until an amendment was made to our Constitution eleven years later. Thank goodness we have the 14th Amendment created by the legislative branch to protect, not the Judicial Branch. Let me remind you that Dred Scott was never re-argued in the Supreme Court as it’s assumed the 14th Amendment is doing its’ part to protect the people.
The point I’m making is that our laws that are created by the legislative branch are the ones that must be upheld, and enforced by the executive branch. The judicial interpretations are just that, interpretations of laws. The Supreme Court does not make law. It is the responsibility of our legislative branch to amend and our executive branch to enforce, should the Supreme Court rule that a law is unjust. The process to correct or write new law goes through the Legislative branch, not any another. So for this reason, I feel Kim Davis should not be incarcerated. It is not on her, but the law makers for failing to write law.