The Constitution clearly states in Article I that only the legislative branch of government can create a law. Recently, the judicial and executive branches have been creating law. To fully understand this concept you must know how the government works.
There are three branches of government. These are they: the executive branch,the President and Vice President; the legislative branch, the Congress, which is the House of Representatives and the Senate; and the judicial Branch, the courts. Each branch has a duty. The legislative branch creates the law. The judicial branch interprets the law. The executive branch enforces the law. These are the duties entrusted to each branch Constitutionally.
The law that made abortion legal, Roe v. Wade, was not a lawfully made law. It was a decision by the courts that became law through the courts. The court does not have the power to not only make laws but to kill innocent human lives.
Executive orders also are unlawful. An executive law is a law made by the President directly without having to pass through Congress. One of the executive orders that have been made, if used, will give the President control of all forms of transportation. It's scary, is it not. The President can make any law he desires.
The Constitution gives the power of lawmaking to the Congress and Congress alone. Every unlawful law made tears another piece of our Constitution. Every one of those executive orders and judicial laws blacks out another part of the Constitution. We are losing our Constitution. The day we loose our Constitution is the day we lose our liberty. Watch for unconstitutional laws. They could be the death of America.
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2 comments:
Roe v. Wade is not a law at all. It is a Supreme Court decision interpreting the United States Constitution. The Supreme Court did this as part of its function of "judicial review," by which it rules on whether legislation passed by Congress (or a state) violates the fundamental law of the land: The Constitution. Many legal scholars, even those who support abortion rights, have serious reservations about whether Roe v. Wade was correctly decided, and as a student of the law and policy myself I am among them. But the process of judicial review is not questioned by anyone at this point in history.
Executive orders are not per se unlawful. The reason the Executive Branch is called the Executive Branch is that it "executes" the law -- it makes the things the government is authorized by law to do happen. Executive orders are one way a President can do this. There is no question, however, that, as you say, an Executive order may overstep that function and operate as a new "law" unto itself. Luckily the courts can review this, too.
By the way, connecting my first point with your last point: Although Congress is indeed charged with the legislative power, remember that it can act unconstitutionally, too! That's why many laws that have been passed have been "struck down."
Our three branches of government ideally share power equally, but it sometimes seems that during a given period of time, or with respect to a particular issue, that the power of one branch overwhelms the others.
Very interesting. Last legislative session North Dakota debated four laws related to abortion. One of them had an "if Roe vs. Wade was ever overturned" clause in it that had the potential to make abortion illegal in ND.
I'm not sure what this session will hold. You may want to check it out, though...the North Dakota Legislature meets again on Jan. 6, 2009.
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