Separation of the powers invested in government is a fundamental concept embedded in the U.S. Constitution. The founders understood that history was a long list of kings, emperors, dictators, and tyrants. The founders knew that the only way to prevent abusive government was to ensure that no person or governmental entity could acquire excessive power. Consequently, they divided the powers of government into three branches: legislative, executive, and judicial.
Article I of the U.S. Constitution clearly states that “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Congress has relinquished some of its law making authority to the U.S. Supreme Court and to the Chief Executive. That isn’t working well.
Article III of the U.S Constitution lists the authority of the U.S. Supreme Court. That list does not include making laws or determining the constitutionality of laws written by the U.S. Congress.
In a democracy, office holders are public servants. Those public servants can be replaced by citizens, operating through an organized election process, if those office holders do not perform satisfactorily. But that safety feature does not apply to members of the U.S. Supreme Court. The members are appointed, and they serve for life. Allowing the U.S. Supreme Court to make the law of the land is absurd. The U.S. Supreme Court has made some of the most detrimental decisions in U.S. history. One very current example is notable. Amendment II to the U.S. Constitution states that “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The U.S. Supreme Court, ignoring the requirement to belong to a well regulated government militia, ruled that almost anyone can carry military type weapons in cities where there is not a legitimate purpose for doing so. As a result, we recently avoided another tragedy by less than an inch.
Four U.S. Presidents have been assassinated: Abraham Lincoln; James Garfield; William McKinley; and John F. Kennedy. Seven additional U.S. Presidents have been victims of attempted assassination: Andrew Jackson; Teddy Roosevelt; Franklin Delano Roosevelt; Harry Truman; Gerald Ford (twice); Ronald Reagan; and Donald Trump. Twenty-four percent of our U.S. Presidents have been assassinated or were subject to attempted assassination. And we tell ourselves that America is the leader of the civilized world!
The U.S. Supreme Court determined that spending money to influence elections or governmental decisions is “freedom of speech” cited in Amendment I of the U.S. Constitution. That decision licensed buying of laws, regulations, and even influenced selection of members of the U.S. Supreme Court.
The U.S. Congress needs to recover its exclusive authority to make law. And that will happen only if “we the people” elect legislators who are willing to do the job.
Jack Stephenson is retired and served two years in Vietnam as an infantry officer, retired from military service, and worked three years as a U.S. Civil Service employee. He also worked in Egypt as an employee of the former Radio Corporation of America (RCA). Currently, he reads history, follows issues important to Americans, and writes commentary for community newspapers.
