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Posts Tagged ‘checks and balances’


With the Congress out of control, with 14 now 34 Czars and counting not answerable to the Congress reporting to President Obama, with U.S. Government ownership of GM and Chrysler, with first position bond holders tossed aside in favor of a union – forever altering the investment landscape where for hundreds of years bond holders were protected and now are no longer protected – forever dampening the economy and causing future corporate fund raising to be very difficult and expensive,  with the Treasury’s refusal to let some banks pay back their TARP money, with the proposals to establish national health care and a valued added tax to pay for it, with the marching order from the President of the United States to get this done by August, it is clear that the Federal Government looks at states as little fiefdoms subservient to the federal government.

Well, it is the other way around.  Someone in Washington D.C. and particularly in the Obama Administration should read the Constitution.  On more than one occasion President Obama has indicated that the Constitution is too restrictive of the federal (central) government and that the constitution should allow for the central government to make more rules to deliver services to the populace – often services not equally targeted toward all Americans.  His appointment of an activist judge for the Supreme Court is his attempt to make law and make constitutional law from the bench of the highest court in the land.  This must stop and stop now.

I have written the following similar letters to Governors Sanford of South Carolina, Perry of Texas, and Freudenthal of Wyoming.  This is the letter written to Rick Perry.

June 4, 2009

Rick Perry, Governor, State of Texas

Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428

Re: States Rights

Dear Governor;

I sent this note yesterday to Governor Dave Freudenthal of Wyoming.

Owing to the recent actions and planned actions (it all can’t be interstate commerce) by the Federal Government which are not within the 17 enumerated powers provided the U.S. Government in the Constitution, and the Obama supporting Congress, have you considered a law suit in Federal Court re-asserting the rights and powers of the states found in the Constitution? The goal is to stop this runaway madness and socialization of the private sector.

I suggest Wyoming because you have the greatest Republican majority of any state legislature. I also suggest a state file the suit since there should be no question about legal standing in the courts. This will probably work its way up to the Supreme Court.

Clearly as a state, Wyoming has the right to require the federal government to limit itself to the 17 powers and the few amendments describing the limits of power of the U.S. Government.

I represent no faction or organization. I write as an individual. I am not an attorney. I am an individual who sees the best of this nation disappearing more and more each day. President Obama and his Treasury among other Departments and the Congress are out of control and need to be reined in. Will you do it? Can you do it?

Governor Perry, perhaps you might contact Governor Freudenthal and encourage him to file that suit. Perhaps you may wish the former Republic and the State Texas to join him. Unless the states take action now, states rights will be gone forever and we will not recognize this nation by the next Presidential election. I will also be writing to Governor Mark Sanford of South Carolina. I am not writing Governor Jan Brewer of Arizona, as I do not believe she has the fervor for righting this Constitutional wrong.

With the sincerest pleading, I am

Ken Moyes

I suggest that anyone who reads this post and feels that the federal government is out of control and is assuming the rights provided the states under the constitution (see Today’s Federal Government is Unconstitutional)   should write to their Governor or to the Governors listed in this post   Just go to a search engine and enter the state followed by “governor” and it will bring up a link to that state’s governor.

Unless we do something now, we will not recognize this country by the next Presidential election.  Stand up and be counted!

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Just what are the powers granted to the federal government under our Constitution?  It’s simple; the powers are laid out clearly in the Constitution in Article 1, Section 8.  There is no secret here or any ambiguity in this matter.  The Constitution tells the federal government what it can do and anything not covered is reserved for the States, thus the power of the federal government is severely limited and the States are superior to the federal government.  Yet our federal government functions like it has unlimited power – if Congress says it is okay, it must be okay.  Well this current federal / state relationship is clearly wrong and unconstitutional.  Congress and the executive branch are out of control.

The federal government, particularly Congress, in words directly taken from the Constitution, is empowered to:

  1. lay and collect taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general welfare of the United States; but all Duties, Imposts and excises shall be uniform throughout the United States;
  2. borrow Money on the credits of the United States (this one has been worked to death);
  3. regulate Commerce with foreign nations and among the several states, and with the Indian Tribes (regulate in this case means to make function smoothly and foster trade – not to control everything and anything that is remotely managed through interstate commerce);
  4. establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States (the federal government has been remiss on Naturalization and violating its own laws on Bankruptcy);
  5. coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures (the federal government certainly has been working the coining – printing – money to its fullest, but its current economic policies have actually worked to unregulate the Value of our Money);
  6. provide for Punishment of counterfeiting the Securities and current Coin of the United States;
  7. establish Post Offices and post Roads;
  8. promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  9. constitute Tribunals inferior to the supreme Court;
  10. define and punish Piracies and Felonies committed on the high seas, and Offenses against the Law of Nations (this specific power to punish piracy was not readily utilized by the Obama administration recently, until the Captain of a Navy vessel forced his hand);
  11. declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water (military tribunals);
  12. raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.;
  13. provide and maintain a Navy;
  14. make Rules for the Government and Regulation of land and naval forces;
  15. provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrection and repel Invasions;
  16. provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress (your National Guard);
  17. exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise the Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-yards and other needful Buildings;
  18. and make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof (limited to the defined powers of the federal government).

Under the 15th amendment, the United States has the power by legislation to enforce the voting rights of citizens.

In the 16th amendment, the Federal Government was given another power: The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.  (This amendment has allowed the Federal Government to use the tax code to manipulate the States and to drive social issues, but it was never intended to allow this action.)

The federal government has absolutely no other authority than what is spelled out above.  Watching your Congress work would let you believe that it can do whatever it wants.

  • Can you find the power to institute Cap and Trade – a tax on carbon emissions?
  • Can you find in this list of powers the power to loan money to AIG and other TARP recipients?
  • Can you find the power to regulate executive compensation?
  • Can you find in this list the power to mandate educational requirements to the States?
  • Can you find in these powers the right of the federal government to tell me what I should eat or, to make rules for national healthcare or to control healthcare – there is no interstate commerce when I visit my doctor?

Try your own test of these powers to see if other federal government regulations pass the test.

Just what are the powers of the States?  What limitation on these powers does the Constitution offer?  The limitations are those rights afforded the people of the United States in the Bill of Rights.  The Bill of Rights also provides for the powers of the States in the tenth amendment: The powers not delegated to the United States by the Constitution (article 1, section 8 ), nor prohibited by it to the States, are reserved to the States respectively, or to the people. The 14th amendment provides additional restraints on the States “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Why have we let the federal government become what is was not supposed to be – all powerful?  Why have the States rolled over when confronted with federal legislation violating the assigned powers of the federal government?  Perhaps it is time to fight back and place the federal government back into an inferior position to the States.  Push, plead, and cajole your state representatives to fight back and regain their rights as states.

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Many people in perceived fairness say that President Obama is in office a little more than two months, so we  should give him a chance.  To these people I ask, how long do you give a new nanny who demonstrates poor child rearing skills, with your children?  For the ladies, how long do you allow a  new beautician who is clearly doing her own thing and not doing what is best for you to continue before you yell stop?  We are seeing so called fixes to our economic problems that are not economic problem fixes.  We are seeing major changes to our civic culture under the guise of fixing our economic problem.  We are seeing a serious threat to our constitution, by a man who openly does not like our constitution the way it was written. 

President Obama is a “big government” – government is intended to take care of people – kind of guy.  Just listen to his own words.  He is asking to spend hundreds of billions on energy, health care, and education – sounds noble, but he has no plan on how to spend this money.  No businessman in the world could borrow money without a business plan, yet he wants multiple billions without a plan – he wants you to buy into his wishes sight unseen – something like buying land (swampland) in Florida.  This massive spending on noble targets may sound great, but you need to lift the hood to see just what happens when the big government engine is turned on.  In the world of gross domestic product, government produces nothing – it is a drain.  It does not foster job growth.  It does not provide the necessesary economic energy to sustain growth and to keep on delivering.  Government simply takes from the producers and the only thing it gives back is a portion of what it has taken – the rest is government overhead.  Over time, the producers stop producing because there is no upside for them to produce.

Sure government can create jobs, government jobs, and this does two things that should make you run from government intrusion in your life.  First, any government job created takes away from the producers the ability to produce, grow, and create jobs with a multiplier effect.  It must continue to take from the producer to support the government created job.  Second, the government created job, as it takes away from private sector job growth, keeps you permanently chained to the government to keep your job.  Some may say – “what is wrong with a good job from the government?” – the answer is that the government job is not sustainable and that over time, the ecomony and quality of life shrink.  As the economy shrinks, the government must take more and more from the remaining producers to sustain those made up government jobs – remember, government jobs produce nothing and add nothing to the economy.  As more and more is taken, the producers produce less due to loss of economic motivation – this becomes a cycle of doom.  Countless countries have tried this and met the same result – failure.

Throughout history in Latin America, South America, Europe, and Asia (most of the globe), power hungry despots and some well meaning socialists have adopted the control afforded by socialism and the “government can do it all” approach, and failed miserably.  Our current President is an academic with a law degree.  He has never produced, never managed anything, and appears to have never studied history on the failure rate of big government socialism.  That is, unless he is not concerned with 100% failure rate or the success of the venture (we cannot call it an experiment since the experiment failed in a plethora of tests around the globe), and he is only seeking the control and power that comes to a few, not the masses, from the big government socialist venture.

The following is Barack Obama, when he was a state senator, in his own words describing why our constitution is flawed and in need of change.  If this does not send chills up your spine, then you have not been paying attention.  He feels that the constitution does not provide government with sufficient powers.  In this video Mr. Obama telegraphs just where he wants to take this country with the big government socialist approach.  The video was found on a blog Bob’s Bites. (Thank you Bob’s Bites).

This bullet train approach to CHANGE toward a big government socialist nation with an understanding that the constitution does not permit the kind of change being attempted, must be stopped.  Unfortunately, President Obama will be in office for four years and the current very left, very socialist Democratic Party controlled Congress will be intact for two years, making the stopping of this train very difficult, but not impossible.

We need to pressure the members of the U.S. Senate’s Democratic Party who hold the more moderate and conservative economic voting records in the Democratic Party Senate caucus and three Republican RINO’s (republicans in name only) to act as a buffer and to take steps to retard the hi-speed approach to socialist economic change.  We must pressure these Senators to slow the massive government spending for big government.  This government spending is not sustainable and simply cannot be repaid.  You see, right now, the government is a sub-prime borrower seeking an unsustainable mortgage – have you heard this before?  This is what got us into this mess and now we are attempting to spend our way to prosperity and borrow our way out of debt – show me one budget text book that portends a happy outcome when you spend more than you can produce for a sustained time.  One book does explain this unique economic plan – it is the bible – the new testament to be exact.  It is commonly known as the “Miracle of the Loaves and the Fishes”.  Unfortunately for us, while Barack Obama may think he can walk on water – he cannot and he cannot perform the “Miracle of the Loaves and the Fishes” or make wine from water!

Do what you can to stop this bullet train, before it is too late! Tell them (cut and paste the statement if you wish):

“Stop the over the top spending and borrowing now – don’t destroy our country!  Socialism does not work!”

The Democratic Senators in the Senate, with the most conservative economic voting records and the three Republicans (RINOs), who should be pressured are:

Baucus, Max – (D – MT)

 

511 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2651
Web Form: baucus.senate.gov/contact/emailForm.cfm?subj=issue

 

Bayh, Evan – (D – IN)

 

131 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5623
Web Form: bayh.senate.gov/contact/email/

 

Byrd, Robert C. – (D – WV)

 

311 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3954
Web Form: byrd.senate.gov/contacts/

 

Carper, Thomas R. – (D – DE)

 

513 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2441
Web Form: carper.senate.gov/contact/

 

Conrad, Kent – (D – ND)

 

530 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2043
Web Form: conrad.senate.gov/contact/webform.cfm

 

Dorgan, Byron L. – (D – ND)

 

322 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2551
E-mail: senator@dorgan.senate.gov

 

Landrieu, Mary L. – (D – LA)

 

328 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5824
Web Form: landrieu.senate.gov/contact/index.cfm

 

McCaskill, Claire – (D – MO)

 

717 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6154
Web Form: mccaskill.senate.gov/contact/

 

Nelson, Ben – (D – NE)

 

720 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6551
Web Form: bennelson.senate.gov/contact/email.cfm

 

Tester, Jon – (D – MT)

 

724 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2644
Web Form: tester.senate.gov/Contact/index.cfm

 

Webb, Jim – (D – VA)

 

248 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4024
Web Form: webb.senate.gov/contact/

 

Wyden, Ron – (D – OR)

 

223 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5244
Web Form: wyden.senate.gov/contact/

 

Collins, Susan M. (R – ME)

 

413 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2523
Web Form: collins.senate.gov/public/continue.cfm?FuseAction=Contact…

 

Snowe, Olympia J. (R – ME)

 

154 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5344
Web Form: snowe.senate.gov/public/index.cfm?FuseAction=ContactSenat…

 

Specter, Arlen (R – PA)

 

711 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4254
Web Form: specter.senate.gov/public/index.cfm?FuseAction=Contact.Co…

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The real no spin definition of most earmarks is a Member of Congress targeting a group with your money taken right from the ever flowing government monetary fountain to either get votes or campaign funds for reelection.  This keeps the “select” few in Congress.  Search high and low and you will not find much integrity in Congress or with those who use the system to keep getting reelected.

Who runs our government?  At any given time, the decision makers in Congress represent the 15% of the population who place party above country.  Most people who are registered Democrats or Republicans follow their party and generally agree with their party, but do not place party above country.  Most elected representatives are of the 15% of the population who are Democrats or the 15% who are Republicans – these are the folks who place party above country.  Under the Bush administration there was a push to expand the Republican Party by expanding government and spending more – sounds like the Democrats doesn’t it?  The theory was, if we give the people “stuff” they will vote for us, since this has worked for the Democrats for some time.

 The problem was that the Democrats had elevated giving stuff to those who don’t have stuff to an art form and thus the Republican plan badly backfired.  In the case of the Republican representatives, they placed party above country.  The problem with the Democratic Party, now that the backlash against the Republicans has given the Democrats essentially a majority in both Houses of Congress and possession of the Whitehouse, is that they are seizing the opportunity to take their art form of expanding government and giving stuff to those who don’t have stuff to a new level.  They are using this opportunity to forever move this country, in a series of well planned steps, to the far left progressive governance of socialism and control by their party.  Again this is party over country.

In a previous posting “Fix Congress, But How?” I suggested changes to our Constitution as a means of regaining control of the country from the parties.  It should always be what is best for the country, not what is best for the party.  That posting did not cover one other method of regaining control of our country and the re-establishment of bi-partisan governing or more importantly multi-partisan governing.  This type of governing is brings back checks and balances.

By allowing a third or even more parties to grow and prosper to major status, we will force compromise, build in check and balances, and blunt extremism from the two major parties of today.  This means changing state laws that have been put in place to make it very hard for other than a Republican or Democrat to run for federal office.    Today’s Democratic Party is not the party to which my father, a union bricklayer, belonged.  The Democratic Party of John F. Kennedy was more like the Republican Party today.  Both Parties have moved very left.  Within each party are those who represent the centrist, left and right camps of party members.  The Blue Dog Democrats are fiscally conservative members of the Democratic Party, and are mostly from the south.   They may be Democrats, but they do not control the party – the Far left does.  This group would bolt to a viable third party if it could achieve major status.  Do you think they were comfortable recently when Speaker Pelosi demanded a yes vote for the 1,000+ page American Recovery Act (stimulus bill of $787 Billion) with no time to read or digest it?  This was a case for these people to place party over country, because if they did not comply, the party would not support them going forward during the reelection primary campaign.

You can initiate change yourself.  Find a party of your liking and change or simply go independent.  However in most states independents lose out during the primary season by being shut out of the vote.  The two major parties are simply too powerful, with the Democrats being in an über power position.  This situation is incredibly dangerous for this nation.  The far left 15% of the population are now in control of our country.  Is this how you want this country managed?  Spinning off those other major parties is change you can trust.  Change you need to push for by contacting your state representatives to insure that getting on the ballot is equally easy for all parties.

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Tired and frustrated about Washington, D.C.?  Do you believe that Congress is out of touch with the people?  Do you believe that Congress does not represent us and instead represents special interests with their legions of lobbyists and big campaign donations.  It also seems clear that those in Congress have a sole purpose of continuing to serve and this purpose is to do everything and anything they can to remain in Congress.  Have you noticed that those who retire usually retire very wealthy?

Where else can we be told time and time again how the Congress will clean up its act, yet we suffer powerful committee chairpersons and rules designed to keep and grow the status quo.  The affliction of power brought about by seniority affects both parties.  Our two party system appears to be the problem and not the solution – ideology takes second place to capturing power and remaining in office.  Their real constituent is reelection!  We routinely return the incumbent to Congress at greater than a 90% rate.  Something is radically wrong when the very people who complain about the Congress, us, routinely return their representatives to Congress more than 90% of the time.  Perhaps this 90% return rate is not totally our fault, but can be traced to the design of the election system, campaign funding, and the support of special interests.  Does it seem right that your Congressman or Congresswoman is more influenced by money from outside his or her district?  Why should some agricultural company in Hawaii be allowed to monetarily influence a Congressman from an industrial district in Pennsylvania?  It happens that money flows in to Congressional campaigns from all over the United States and yes, Europe and China, among other places.  Why is it okay for everyone in the world to buy the loyalty of your representation in Washington?

If and when you call your representative in Congress, you will most likely get voice mail that asks you to leave a message about your issue.  They keep raising the funding for the staffing of their offices, yet there is no one to answer the phone?  These people feel so insulated that they have openly and brazenly discussed, and in committee voted to add a voting representative in Congress to the District of Columbia and the State of Utah.  This is highly unconstitutional behavior – the Constitution is crystal clear on how representation is handled and representation is not established by the Congress at their whim.  This vote in committee and soon to be a floor vote represents the ultimate example of people serving in Congress suffering the aphrodesiac of unchecked power.

What can we do about our Congress?  Can we amend the Constitution?  Congress controls the Constitutional amendment process or do they?  Our Constitution provides for an alternate amendment process, one initiated by the states.  A state can call for a constitutional convention and if two thirds of the states agree, i.e. 34 states, it convenes.  The states send representatives to the convention and any amendment coming out of the convention needs ratification by three fourths of the states, i.e. 38 states, to become an amendment of the United States Constitution.   Now you can petition your state legislators, your representatives in your capitol, for a constitutional convention to change Congress and to restore lost rights back to the states.

We can seek a change in how Senators are elected.  When the Constitution was adopted, it provided for election of Senators by the states legislatures and not direct election of the senators by the people.  While this method was subject to politics and political maneuvering, it gave the States a say in the size of the federal government, the judiciary, and foreign affairs through the Senate.  It was the seventeenth amendment that made this change.  We need to repeal the seventeenth and replace it with an amendment that provides for election of senators by their respective legislatures, with a restriction on recall requiring a two thirds vote in all houses of legislature of the state – Nebraska has only one house of legislature, while the others have two.  This would take the pandering and special interests out of the Senate, since Senators would not need multiple millions to run for reelection.  This amendment would add an additional check and balance – the state itself through its Senators.

We can seek an amendment that would limit campaign contributions in cash, property, or services to an individual residing or a corporation headquartered in the district of the congressional candidate – no political party contributions, thus only constituents are important to the member of Congress.

We can seek an amendment that requires all spending bills and any spending appropriation to be of like kind in a bill, be in the body of the bill with no spending amendments, and have gone through committee and been approved by the majority of the committee.  This will eliminate earmarks. 

We can seek a change in ballots across this nation for candidates for a federal office.  No longer can states make special rules that make it hard for third party candidates to get on state ballots for president and vice-president, or congressional representatives.  This would stimulate the candidacy of members of parties other than Democrat or Republican parties.

We can seek term limits on members of the House of Representatives to three terms.  This will eliminate the individual absolute power some members of Congress have achieved.

These few amendments will re-establish this republic and fix the now forever and perpetually corrupt Congress.  Members of Congress are addicted to a drug of Congressional power and will never give it up on their own.  We need to make this change through the states – push your state representatives to make these changes.  Tell them these amendments will provide the states with more rights and make it easier and less costly for the state representatives to run for federal office.

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The Founding fathers of this longest running uninterrupted democratic republic in the world, The United States of America, understood that each of the three branches of our government left unchecked would try to be the sole driving force of this nation. Thus they gave us a system of checks and balances in our Constitution. The President is the Commander in Chief of our Armed Services, yet he needs the consent of Congress to go to war. Congress can pass bills with a majority vote of both houses, but the President can veto the bill if he doesn‘t agree with it. If the President vetoes a bill, the Congress can override his veto. Congress makes the laws and the President enforces the laws. The President negotiates treaties and the Senate ratifies treaties. The President appoints Federal Judges, Justices of the Supreme Court, Ambassadors, and other federal officials and the Senate must give its consent. The House of Representatives votes to impeach a President or the federal judiciary and the Senate tries the case. The Chief Justice of the Supreme Court presides and a two thirds Senate present must vote to convict.

If we are to literally interpret the Constitution we would find that the Judicial Branch was sort of left out of the checks and balances and was playing a minor role when the Constitution and subsequently the Bill of Rights were adopted. No where in the constitution does it say that the Judiciary can declare a law to be unconstitutional (judicial review). However, in the very early nineteenth century, the Court’s power of judicial review, as it was applied to the constitution, came to be. Under the Constitution, the judiciary’s power did extend to cases of law arising under the constitution, and just about all other activity occurring between states, the federal governments and the states, citizens of different states, between states and their citizens, foreign states and citizens of foreign states and so on.

The Judiciary did receive more power indirectly when the Bill of Rights was adopted. Citizens were now protected and became an additional check and balance to the governing of the nation. The Judiciary is where the Citizenry go to for redress against their State or the Federal government. It was not until, 1803, when Chief Justice John Marshall invoked the power of judicial review and the authority of the Supreme Court to declare a law or actions by a State or the Federal Government unconstitutional, that the Judicial Branch became an equal player in the checks and balances triad. It would appear that judicial review is the most powerful tool of the Court. Well not so fast!

A new tool used by Federal Judges in lower courts, or as the Constitution puts it – inferior courts, is to make rulings that actually through precedent change the law. Here is a case where the checks and balances have failed. A bold approach would dictate that the Executive Branch ignore the new ruling as being outside the domain of the ruling judge, and that the Congress should censure or impeach any Federal Judge who attempts to make law. The heavily partisan nature of our lawmakers lends itself to their inability to take back their right as the sole Federal law making body in the country. The Executive Branch is also at fault by not decreeing that law made by a sitting judge is not constitutional and will not be enforced (no law making without representation).

Unless these actions of the Executive and Congress take place, the checks and balances are gone. It appears that neither the Congress nor the Executive Branch have the power or desire to hold the judiciary in check. Are the “checks and balances” protection built into the Constitution broken and in need of being fixed?

Of course, the Congress and States jointly can change the Constitution, while the Executive and the Judicial Branches have no direct role in amending the Constitution. Do the Congress and the States really need to exercise this gargantuan constitutional effort required to amend the Constitution just to offset some new law made by a judge through precedent or can they just ignore the judges ruling and make him or her go back and do it again and keep doing it until the judge is no longer making law. If the judge does not want to comply, there is always that impeachment thing.

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