Essay # 1 on U.S. Constitution
Essay # 1 on U.S. Constitution
Which branch of our government has the Constitutional power to make law? Is it the Executive Branch? Is it the Judicial Branch? Is it the Legislative Branch? Is it all three Branches? Confused…. Most Americans are confused about this question, as is, Most of our members of Congress, our Presidents, and the members of our Supreme Court.
The only Branch of government that can make law is the Legislative Branch (Congress ).
The Executive Branch (President) has the power and responsibility to enforce the laws passed by Congress. The Judicial Branch ( Supreme Court ) determines if the laws passed by Congress violate the Constitution or do not violate the Constitution, and if these laws apply or do not apply in individual cases brought before the court.
Our Presidents believe they can make laws that citizens must obey. They do this by issuing Executive Orders. A Presidential Executive Order can only be issued to those who work for the President in the Executive Branch of our government. It is not a law. It is a directive to government employees, in the Executive Branch, to do something the President wants done. Our Constitution does not grant any power to the President to make any law.
Our Supreme Court Justices believe, as did former Chief Justice of the Supreme Court Earl Warren, who stated “A Supreme Court decision is the law of the land”. This is dangerous thinking because it consolidates more and more power in the hands of fewer and fewer people. This thinking allows Eleven Supreme Court Justices to make up laws that we must follow. This is not in the Constitution. The Supreme Court has no power granted to it in the Constitution to make law. The Constitution is the Supreme Law of the Land not a Supreme Court decision. A Supreme Court decision can only affirm that a law passed by Congress is Constitutional, or that it violates the Constitution. All decisions by the Supreme Court are based on a law passed by Congress. These decisions can only affirm that the law passed by Congress applies or does not apply in individual cases that come before the Court. However, these decisions do not, and can not, create new law.
The laws passed by Congress can not have anything added to them or have anything taken from them , except by a new law passed by Congress. We have been violating this principal for decades. Congress passes an incomplete law, and the Executive Branch writes volumes of implementing instructions of rules and regulations, that citizens must follow, as if these implementing instructions of rules and regulations carry the same force of law, as the law passed by Congress. This is the “We have to pass the law to find out what is in the law” syndrome that has been going on for years and years. The Constitution does not grant any power to the Executive Branch to write law, nor does it allow Congress to delegate it’s Constitutional responsibility to write the law, by allowing the Executive Branch to add anything to the law passed by Congress.
Finally, we as a country of free people, fought a Revolution to end this kind of government that our ancestors had to live under. Taxation without representation is no different than what our government is doing today. The only place that “We The People” have representation is Congress. That is why our Founding Fathers limited the power to pass laws, that citizens must follow, to the Congress of the United States. What has become commonplace in our government does not make it right or Constitutional. It is wrong, and is the major cause of our political fighting. The rule of law, our Constitution, must be followed or we will become like all other governments throughout history, an exercise in tyranny. We are rapidly approaching that reality!
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