Tag Archives: judicial branch of government

Neil Gorsuch Nomination A Supreme Issue

United States Supreme Court

The nomination of Neil Gorsuch to serve on the United States Supreme Court brings our nation to a fork in the road.  To the left, we have proponents of judicial activism, to the right we have constitutional originalists.  The road forward is currently under construction with unions of leadership keeping an eye on self-promotion and positioning for public opinion to enhance their personal goals.  The perils of politics are the real potholes in our path.

Our Constitution designates three branches of government.  The Legislative Branch has the responsibility to enact our laws, the Executive Branch is responsible to administers and enforce the laws.  The Judicial Branch is responsible to interpret the law as written.  The Executive and Legislative body are elected.  To provide a degree of checks and balances the Judicial Branch is nominated by the Executive Branch, and Appointed by the Legislative Branch.

This brings us back to our fork in the road where the originalists would favor a candidate that would attempt to interpret the words of the Constitution as they were understood at the time they were written.  Whereas the judicial activist would interpret the Constitution as a living document basing interpretation with consideration for personal or political considerations and climate of the day.

If the legislative branch is active and responsive to their constituents the laws that are written will not require judicial activism to interpret as they will directly reflect the will of the voters.  The originalist will only interpret the actual content of the legislative branch and concurrence would be common on Supreme Court.

Judicial activism is the result of those in the legislative branch failing to recognize their responsibility and abdicating their role to an appointed judiciary, often chosen with the intent to do what those elected have neither the courage or character to fight for or accomplish lest they jeopardize their own re-election. It only exists because of legislative cowardice by those lacking a profile of courage and character holding office.

The true change of direction our nation needs is found in those that support judicial activism from the Legislative Branch.  In Connecticut that means finding replacements for Senator Murphy and Blumenthal.  It means finding candidates willing to stand with courage to advocate for their constituents and not depending on a judicial activist to enact an agenda from the judicial bench.  Senators supporting Neil Gorsuch understand their role and responsibility something both Blumenthal and Murphy have yet to learn.


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We Shall Have No King Above The Law

king_obama1Before there was a United States of America there was belief in the rights of the individual and the source from which these rights were derived.  It was Thomas Jefferson that so eloquently and succinctly wrote our Declaration of Independence and penned the phrase, “that all men are created equal, that they are endowed by their Creator.”

Within those words is the understanding that no person in this land shall be above the law, indeed we shall have no king.  The power of government as later defined in our Constitution shall be found within the common man, in the power of his vote.  The authority and power of government shall come from the people and be granted to representatives of the people.

Recognizing the frailties and imperfections of mankind our founding fathers divided our government into three separate and equal branches of government providing a balance of power to check limitations on each other.  We shall have no king and no one shall be above the law.

Hence it is troubling and quite frankly dangerous when any branch of government acts beyond their limitations.  More importantly, when it occurs and is left unchecked it becomes an assault and erosion to the very basic concepts upon which our nation was founded.  When the transgression derives from the executive branch we move toward the powers of a king and the elevation of a President above the law.

Words have meanings, and our code of law is clear in most regards.  When questions of law arise we have a system and authority within the judicial branch of government to act as interpreter and enforcer.

By law the President of the United States must send the United States Congress a budget by the first Monday in February.  That will not happen this year.  Once again our President has notified Congress he will not comply with the law.  This is not unusual for this President he has done it before.

President Obama has missed the budget deadline more than any president since the 1920s. His first budget was delayed until May, and the last two budgets were late but came in February.  The annual budget is intended to start a congressional budget process, but under the Obama administration we have not seen a budget resolution passed since 2009.  Hence we now have no useable baseline from past approved budgets.

If the President’s budget is delayed the Congress is denied an understanding of spending and possible budget cuts being proposed by the President.  This is unacceptable at a time when our nation faces a financial crisis as we edge toward exceeding our national debt ceiling.  Our President is playing politics while compounding our problems, and breaking the law.  The President may want to avoid delivering his budget for political purposes but he is harming our financial future and acting above the law.  Barack Obama is President he is not a king.

The failure of any President to act in his execution of the duties of the office should not be a partisan issue it should be the duty of every member of Congress to demand and ensure our President acts within the law.  Every member of Congress is an elected representative of the people and not a pawn of a king.  It is the responsibility for every Senator and Congressman to put aside political affiliations, personal bias and career considerations to ensure compliance with the rule of law.  We shall have no king.

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