Heavy Lifting - thoughts and web finds by an economist
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Thursday, July 22, 2004
The Congress passes bills filled with generalities and vague notions of what is supposed to happen - often the bills are not read.
Congress then kicks these laws to the Executive branch for interpretation, filling in, and enforcement.
There are always two sides to the debate in Congress and one side is usually pissed off after the dust settles.
Therefore, no matter what the Executive branch does, someone is going to sue.
Enter the Judicial branch with "activist judges" who "legislate from the bench" and the country is forced to conform to "legislation through litigation." But we have only ourselves (as voters) to blame because we don't insist on (a) a truly Republican form of government and (b) we don't insist that Congress play its proper Constitutional role - the founders never envisioned the Executive branch having as much power as it does today.
Which makes today's vote in Congress to make it illegal for Federal courts to rule on same sex marriages all the more refreshing.
In Pavlovian response to the bill, the ACLU and fellow travellers immediate threatened to sue because the vote didn't go their way - which is the whole problem to begin with.
Congress cannot and should not shut the federal courthouse door to married gay and lesbian couples," said Chris Anders of the American Civil Liberties UnionBut, Chris hasn't read his Constitution lately - perhaps that's not surprising - because in Article III Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.Which can be interpreted to mean that Congress can determine which courts can rule on which laws. Of course it is a dangerous precedent, and likely it will not pass the Senate, but it is time that the people's representatives (warts and all) fight harder to take back their government. Executives are bad enough sometimes, but at worst can last only eight years. Bad judges last a lifetime. This is why voting is important - this November and in the future.
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