Monday, October 13, 2014

How a bill becomes bull


Brother Huckabee explains it all (thanks, Tengrain):
we've got three branches of government
and each are equal to the other
the founders took extraordinary measures
to prevent too much power being grabbed by one person or group...

the congress controls the purse or the money
the executive branch controls the sword
and the judicial branch watches over
and offers opinions as to
the constitutional compliance
of the other two....

yes it's the highest court
within one of the three branches of government
but it isn't superior to the other two
in recent years the doctrine of judicial supremacy
has trampled both the constitution and common sense
the court can certainly rule on an issue
but unless the legislature passes enabling legislation
and funds it
and unless the executive branch signs
and enforces it
it certainly is not the law of the land
You see, if you weren't that much of a whiz at 9th-grade civics or, like some of us, stopped with 7th-grade civics or even earlier, you may have thought that a Supreme Court decision is kind of the end of the line, but this isn't the case. There's a reason they call that decision an "opinion", you know.

It's just like marriage. Your helpmeet is created by the Lord to be your absolute equal in all things, so before you start carrying out one of those consequential family decisions, you must always ask her opinion. This doesn't mean she should have some kind of veto, for goodness' sake. How on earth would that be equal? You're the one with the sword, right?

In much the same way, for a court to "order" something to happen is just absurd. It's entitled to its opinion, according to the constitutionally guaranteed separation of powers, but not to make everybody else obey. Do you ever see Wolverine terrifying folks with a sonic scream, or Magneto using line-of-sight teleportation?

Thus, when Scotus declined to hear all those gay marriage cases this month, well, it's the highest court in the judicial branch, but it isn't the highest court in Congress or the White House.

Congress should have met to draft some enabling legislation giving it the force of law, if they could find some way to pay for it without raising taxes, and then President Bush should have signed it (yes, President Bush; the Supreme Court hasn't given any opinions on who's president in the last 14 years, so the idea that Barack Obama has somehow "become" the president is patently ridiculous). But they didn't, so gay marriage is still illegal throughout the country.

Legislation giving what the force of law and pay for what, you ask? How should I know? I'm just a swordsman!

Image via Rebloggy.

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