Thursday, June 28, 2012

If You mix Black with White you always get Grey

Of late there appears to be a lot of confusion between the three branches of power; Judicial – Executive – Legislative.  What once were clear, crisp delineations of black and white are now a swirl of grey.

    • Congress writes law
    • The Senate determines if the law is affordable, approves it and sends it back to Congress
    • The Executive approves or rejects the laws as presented by the House
    • The People may question their actions when they believe that the Rule of Law has been unjustly administered
    • The Judiciary is then called upon to determine whether or not to rule “for” or “against” the constitutionality of the case
    • No where within the separation of powers does it allow for the Supreme Court to write law or “fix” a bad one

We the People have been shafted again.

YiT ~  Shelly

Supreme Court is De Facto Legislature

Thursday, 28 Jun 2012 07:06 PM  By Bradley Blakeman

Bradley A. Blakeman's Perspective: If ever there was an example of judicial activism and a court legislating from the bench, look no further than the Chief Justice of the Supreme Court’s majority opinion on Obamacare.
The Supreme Court of the United States became a de facto legislature when it decided that Obamacare is constitutionally grounded in Congress’ powers to tax — in spite of the fact that President Obama and the Democrats in Congress who carried the bill insisted that it was not.
The Obamacare legislation as written does not set forth that it is established as part of Congress’ powers to levy taxes. If it had, there never would have been a challenge to the high court.
The ruling raises a number of questions:

  • If the bill is silent as to the funding of it, how is it possible for the court to interpret the intent of Congress?
  • Isn’t it the job of the Supreme Court to remand the bill back to Congress for further consideration as the basis upon which the bill is sustained constitutionally?
  • Where does the Supreme Court get the power to act in the place of Congress?
The court routinely remands cases back to inferior courts for further determination.
Isn’t that what the Supreme Court did just the other day on immigration, when they remanded Arizona’s immigration case back to the 9th Circuit for further consideration?
In 2009, shortly before the president addressed a joint session of Congress, he granted an interview to ABC News’ George Stephanopooulos in which he made clear that his healthcare bill would not be sustained through taxation on any American:

Click here to read Mr. Blakeman’s full opinion.

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