Friday, February 25, 2011

So much for Constitutional Separation of Powers

Apparently its time for a Civics lesson.

According to Wikipedia-

"The oath of office of the President of the United States is an oath or affirmation required by the United States Constitution before the President begins the execution of the office. The wording is specified in Article Two, Section One, Clause Eight:


I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

One of the bedrock principles enshrined in the Constitution are the checks and balances on the three branches of government known as "Separation of Powers". The Constitution specifies the duties, responsibilities, and limits of each branch of government. In a nutshell: the Legislative Branch of Government, ie Congress (Senate and House of Representatives) are responsible for enacting laws. The Constitution states that the Judicial Branch of the Federal Government (the Courts) are responsible for interpreting the meaning and applicability of laws passed by the Legislature. Its worth noting that the Constitution does not explicitly grant the Judicial Branch the powers of legislative review (deciding whether laws passed by Congress are "Constitutional"), but the Courts have assumed this "right" through precedent and custom.
The Executive Branch of the Federal Government, led by the President, is responsible for, among other duties, to preserve, protect and defend the Constitution of the United States and to faithfully execute and enforce the laws passed by Congress. The Executive Branch is not granted judicial powers to interpret or review laws passed by the Legislative Branch and signed into law by a President or when Congress has overridden a presidential veto.

Please refer to Wikipedia's explanation of the Separation of Powers in US government:
http://en.wikipedia.org/wiki/Separation_of_powers

This past week, President Obama and the Department of Justice (both part of the Executive Branch) took it upon themselves to label as "unconstitutional" the Defense of Marriage Act (DOMA), which was passed by both houses of Congress by wide margins and signed into law by then President Clinton in 1996, and determined that they would no longer enforce or defend the law, as required by the Constitution.

This action by the Executive Branch of the Federal Government is CLEARLY unconstitutional. The constitutional course of action to have any law rescinded lies with the branch of government that is empowered by the Constitution to enact (and revoke) laws. For the Executive Branch to publicly refuse to enforce laws passed by Congress is a blatant violation of President Obama's oath of office.

Even though the content of the law should not be a factor in the Executive Branch enforcing and executing that law, the basics of the DOMA ensured that no state would be forced to recognize same-gender marriages approved by another state and reaffirmed that the Federal Government's definition of marriage remained a legal union between a man and a woman.

Its my opinion that when branches of the Federal Government refuse to perform their sworn duty and instead take it upon themselves to usurp the powers assigned to another branch of government, our Constitution is being ignored, subverted and weakened, to the current and future detriment of the integrity of our constitutional republic.

It is my hope that the Judicial and Legislative branches of government will act to check this unauthorized breach of constitutional powers by the Obama Administration. But the ultimate check on both the Executive and the Legislative branches of the federal government is retained by WE THE PEOPLE. We can vote our elected representatives out of office if they fail to "faithfully execute" their office or break their oath to preserve, protect and defend the Constitution of the United States."

If WE THE PEOPLE fail to recognize our dependence on Him and fail to hold our elected representatives accountable to our divinely inspired Constitution, our great country is doomed.
May God bless the United States of America.

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