Constitutional scholars like radio talk show host Mark Levin
– and yes, he is quite the Constitutional scholar in his own right – have been
saying that thanks to the governmental abuses of power brought about in the “hope
and change” of the Obama presidency we now live in post-Constitutional
republic. “Post” as in “no more,” “no
longer,” “gone,” “history.”
The American Heritage® New Dictionary of Cultural Literacy, Third Edition
defines “checks
and balances” as “A fundamental principle of American government, guaranteed by
the Constitution, whereby each branch of the government (executive, judicial,
and legislative ) has some measure of influence over the other branches and may
choose to block procedures of the other branches. Checks and balances prevent
any one branch from accumulating too much power and encourage cooperation
between branches as well as comprehensive debate on controversial policy
issues. For example, to enact a federal law, the Senate and the House of
Representatives must each vote to pass the law. In this sense, each house of
Congress can check the other. Furthermore, even if the two houses do agree, the
president must sign the law. If he chooses to veto the law, it can still be
enacted if two-thirds of the members of both houses vote to override the veto.
Under this arrangement, both Congress and the president can check each other. (See
also appropriation, impeachment, judicial review, and separation of powers….)
Furthermore, “The
Constitution was devised with an ingenious and intricate built-in system of
checks and balances to guard the people's
liberty against combinations of government power [emphasis added].”*
So… how has this Constitutional system of “checks and
balances” has been working this second decade of the 21st Century?
Let’s quickly do a recount: the American public did not want
Obamacare (nor did they get to vote on it). Yet the Obama Administration and a
corrupt Democratic-controlled congress led by the Marxist scum that is Nancy
Pelosi and Harry Reid rammed it down our throats. Worse yet, the US Supreme
Court – not just liberal activist justices like that relic Ruth Bader
Ginzberg and activist Marxist justice Sonya Sotomayor but also the spineless
turncoat Chief Justice John Roberts – decided to legislate from the bench and
call Obamacare a “tax” and therefore called it Constitutional regardless of the
public’s wishes.
The majority of voters in California passed Prop 187 which
denied public benefits to illegal aliens. Never mind the whole basis of our
democracy is “majority rule” – it’s been the rule of law in the polling places,
state and federal legislative bodies and even in the Supreme Court itself! But,
activist federal
district court judge Matthew Byrne promptly
declared it unconstitutional neutering the will of the people, their elected
legislature and their majority rule.
Sadly, the abuse doesn’t end there - far
from it.
Polls show that 85% of American citizens oppose amnesty for illegal aliens.** Even the
Democrat-controlled congress that was on its way out the following January
dared grant amnesty to illegals. Yet President Obama didn’t let that stand in
his way. Last fall he announced he would execute policy directives to cabinet agencies that defers and halts
deportations of illegals and gives chances for better jobs to approximately 5
million undocumented – that means “illegal” – aliens.***
And what does
Congress do about it? Nothing while the Democrats rode out there terms.
Tragically the new Republican-controlled Congress hasn’t done much of a damned
thing about it either but blow hot air.
Now let’s talk
gay marriage. The Defense of Marriage Act (DOMA) was enacted into federal law
in 1996 allowing states to refuse to
recognize same-sex marriage licenses granted in other jurisdictions. DOMA and
other laws had barred same-sex marriages in the eyes of federal law – at least
in terms of legal recognition as “spouses” for sake of benefits and legal property
transfer, etc. “DOMA's Section 3 defined
marriage for the purposes of federal law as a union of one man and one woman.”
Prior to 2004, same-sex
marriages – aka gay marriage – were not performed anywhere in the U.S…. It was challenged in the federal courts. Beginning in 2010,” activist federal judges legislating from the bench
in “eight federal courts found DOMA Section 3 unconstitutional. “**** The following states have
laws banning gay marriage: Alaska, California, Florida, Hawaii, Kentucky,
Maryland, Minnesota, New Hampshire, Nebraska, Nevada, Pennsylvania, Virginia, Washington,
D.C. and Washington state – just to mention a few – and many of those have
survived challenges to their state supreme courts.*****
But, oh the will of the people, their legislature and the
law be damned when it comes to activist judges who want to legislate from the bench.
Beginning in 2004, such radicals in black robes decided they disagree with such
laws and began ruling them “unconstitutional” and hence rendering them
neutered.
So, what the hell can ya do?
So, what the hell can ya do?
It's obvious that we no longer have a
true "checks and balances" system in our government anymore. The
congress is a mere puppet for a rogue president and a corrupt judiciary, and the POTUS has assumed the role of sole monarch and Constitution be damned as he all but runs it through the shredder.
We are so screwed. Exactly as the
founding fathers feared.
* The National Center for Constitutional Studies (Unknown
date) Retrieved 5 March, 2015 from http://www.nccs.net/checks-balances-limited-and-balanced-government.php
**Munro, N. (5 March, 2015) Here’s how much taxpayer money illegals will receive via Obama’s
amnesty, posted on The Daily Caller. Retrieved 5 March, 2015 from http://dailycaller.com/2015/03/05/obama-amnesty-to-grant-1-7-billion-in-taxpayer-cash-to-illegals/
*** Bloomburg News (20 Nov., 2014) Obama provides amnesty for 5 million illegal immigrants, posted on
Newsmax. Retrieved 5 March, 2015 from http://www.newsmax.com/Newsfront/Obama-amnesty-immigrants-illegal/2014/11/20/id/608735/.
****Wikipedia (5 March, 2015) Same-sex marriage in the
United States. Retrieved 5 March, 2015 from http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States
