02 April 2005

Constitutional Separation Of Powers

The United States Constitution gives each branch of government separate but equal power. The Congress (Legislative Branch), is responsible for passing law and appropriations. The President (Executive Branch) signs bills passed by the Congress into law and enforces them. The Supreme Court (Judicial Branch) mediates disputes on the Constitutionality of the laws passed when challenged. But some time in the last 50 years, the Supreme Court and the subordinate federal courts have taken it upon themselves to legislate from the bench. And the independent organization encouraging them to do this is the ACLU. On January 22, 1973, the United States Supreme Court brought forth a decision that has been the model for legislation from the bench. And it has expanded since. In 1973, the court ruled that a state law, banning abortion except on medical advice for the purpose of saving the life of the mother, was unconstitutional. In the decision, it was noted that although there is no Constitutional guarantee of the right to privacy, that the court had consistently upheld that right. However, the power to regulate medical procedures is not given to the United States by the Constitution nor does it forbid it to the states, therefore regulation of the medical profession is the responsibility of the states should the state decide that it needs regulating. In Roe v Wade, the Supreme Court intervened in a state matter by declaring a state law banning abortion (a medical procedure) was unconstitutional. That the state law violated the 9th and 14th amendments. However, in doing so, the Supreme Court violated the 10th amendment as well as overstepping it's authority under the article 3 of the United States Constitution. And thus, started the process of the court making law instead of interpreting law. The ACLU is against the Patriot Act for fears of executive abuse of the powers granted in it. But they don't mention at all the abuse of the powers of the Supreme Court. Roe v Wade was just the first. Every time the court rules to either enforce or strike down any law which is not expressly granted to the federal government, it is making law not interpreting it. The ACLU and the activist lefties of the Dumocratic party, condemned the Congress for it's recent intervention in the Terri Shiavo right to live case. They condemn that which the Supreme Court and the subordinate courts do all the time. Every ruling involving the right to privacy is unconstitutional in itself. There is no Constitutional rights to privacy. And any ruling involving processes that are not expressly addressed in the Constitution is the responsibility of the state. In the Terri Shiavo case, yes the Congress probably overstepped it's bounds. But, there was a reasonable question as to whether Terri's 14th amendment rights had been violated. I still say they have. In my following post I will explain further. Judicial misconduct which results in violations of the Constitutional protections of our citizens are the responsibility of the federal court system. The Congress empowered the federal court system to take a "new" look at the case. Which it chose not to do. And I think that it's a crime that they didn't. In my next posting I will explain possible criminal activities by Michael Schiavo, George Felos, George Greer, and Gus Bilikaris.
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Blogger Maddie said...

62 days ago, John Kerry promised, on national TV, to sign form SF-180 and release his military records. He has yet to do so.

Don't get me started on all of the things Darling Dubya hasn't done yet.

War was declared on the United States of America
1,299 days, 9 hours, 46 minutes and 4 seconds ago.

Interesting, but a more accurate way to put it would be: The US declared war for oil...

A more useful counter can be found at http://costofwar.com/index.html

4/02/2005 05:37:00 PM  
Blogger John said...

maddie, you are about as intelligent as your picture. Excellent post, my friend.

4/02/2005 09:02:00 PM  
Blogger Gribbit said...

Well maddie the dog, what do you the the President hasn't done? Then ask yourself why? Could it be that the Dumocrats in Congress are obstructing things? As my friend put it so well, you are about as bright as your picture. And if you were to use your head for something other than a hat rack, you would count the days back and you'll find that it ends up on September 11, 2001 you moron.

4/02/2005 09:36:00 PM  
Blogger Jay Rocchi said...

I appreciate your reminder of the separation of powers. Many seem to conveniently forget or ignore them when it suits their needs. I`m also amazed at how often the "administrative" branch is mentioned by some. They must be products of the most recent version of our public schools. Revisionist history indeed.

4/03/2005 03:08:00 PM  
Blogger Gribbit said...

Thank you for your comment jayrockstone. At least I can see that there are some out there in cyberspace that have something between their ears and recognize that there are forces at work who wish to amend history to read whatever their agenda dictates that it should. Come back and read more often please. Thanks again.

4/04/2005 04:39:00 PM  

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