Executive Activism Will Erode Democracy
Political parties suck. They are private institutions that have collectively gained control over our government. The sole goal of political parties is to obtain and maintain power. When Rep. Nancy Pelosi (D-CA) became Speaker of the House she stated that her most important job was not to be the third in line to succeed the President in a national crisis; not to lead the largest body of directly elected representatives in our nation; not to safeguard the rights of the people; and not to work for her constituents that elected her. No, her most important job was to get more Democrats elected. Similarly, of all the important tasks one could emphasize for a Senate minority leader, Sen. Mitch McConnell (R-KY) stated that his number one priority was to make Barack Obama a one term President. A Senator’s top priority was not even in the Senate, it was in the White House. Clearly these leaders of their parties were working against the will and good of the people.
It is not that being liberal, libertarian, or conservative is a problem; the problem is that these parties serve themselves, not the United States. Perhaps the most dangerous symptom of this the fact that party loyalists quite literally become convinced that the other party is evil–not just bad, but knowingly, deceitfully, intentionally evil. (If you don’t believe that go to one of the wingnut radical blogs like redstate or dailykos, or even Rachel Maddow or CNS news and read the comments) If you literally believe someone or something is evil it becomes not just easy, but necessary to oppose them, even if you are breaking a law to do so. This, I really fear, is going to become regular occurrence if we allow the party beasts to continue to feed themselves. Elected officials swear to uphold and defend the Constitution; however, because we have created an incentive system that rewards radicalism, more often than not politicians are more concerned with upholding and defending their political party. And why shouldn’t they be? We have allowed losing the next election to become the worst punishment a politician can face.
Breaking a law to oppose another party, or to uphold one’s own ideology is deplorable for a citizen, but detestable for a politician. The problem is the citizen is punished by our legal system, but who is to punish the politician? This week Gov. Hickenlooper of Colorado signed into law a set of gun control measures, including a magazine capacity limit. Weld County Sheriff, John Cooke, went out of his way to let everyone he could reach know that he will not be enforcing this law, and he knows many other Sheriffs that also will not. Sheriff Cooke even made an appearance on Fox Propaganda to tell us this.
I have opposed gun control because research shows it does nothing to reduce crime, but a sheriff deliberately ignoring a law, even if to oppose gun control, does more to eliminate freedom than any gun control measure. If Sheriff Cooke wants to make laws he can run for the legislature. Unfortunately, Sheriff Cooke is not alone in his refusal to accept the laws. He is only following in the footsteps of one Barack Obama.
The constitution clearly points out that it is the duty of the Executive Branch to enforce the laws made by the Legislative Branch. Congress passed an immigration bill, and since his inauguration, President Obama has decided to use it as toilet paper. Not only has he deliberately decided not to enforce immigration laws, he sent the justice department to the Supreme Court to argue against an Arizona immigration law that mirrored the Federal law; a law Arizona felt they had to pass because President Obama refused to enforce the existing one. On top of that he implemented the Dream Act without a Congressional approval.
I am very much in favor of immigration reform, and a path to citizenship or something close to it, but the law is the law. If President Obama wanted to make laws, he should have stayed in the Senate. A President must uphold the office. Part of this means having enough integrity to enforce a law Congress has passed even if the president disagrees with it–no matter the law, no matter the President. Instead, President Obama refuses to send his administration before the Supreme Court to defend the Defense of Marriage Act. I understand that he supports gay marriage, and I respect that, but nowhere in the Constitution does it allow a President to choose which laws hold merit because of his personal beliefs.
John Roberts said it best. Though I have been an opponent of Obamacare from the beginning I have to agree with Chief Justice Roberts. It is up to Congress to make the laws; the Supreme Court does not determine which laws are good laws, only which laws violate the Constitution. It is not up to Governors whether or not to follow Obamacare. Every elected official must have this same amount of respect for democracy in order to ensure democracy is living a century from now. People angry about judicial activism ought to be equally as angry about Executive activism. If a President wants to change a law, do as Lincoln did; push, pull, pry, preach, beg, and put together a public campaign to pass a law or amendment. But a President is an executive, not a legislator.
It is not a Sheriff, Governor, or President’s job to determine laws. In a Democracy we govern ourselves. We have a Congress that makes laws, and if we disapprove, we vote for new members. If a law is unjust or unconstitutional, we (or even the President, Governor, or Sheriff) can try that law in the courts. This is the system devised to ensure the rights of life, liberty, and property to all citizens of the United States. A law does not become invalid simply it does not fit with the current desires of a figure head. The last time one figure head determined the law for all Americans to follow declared independence and fought a revolution. We vote for representatives and executives, not monarchs. No matter how you feel about a law, seeing an elected official refuse to follow that law should make you cringe. If this becomes a pattern, our democracy will erode from under our feet.
21 March 2013
Posted on March 21, 2013, in Constitutional Law, Patriotslog Articles, Politics and tagged colorado sheriff refuses to enforce gun control laws, defense of marriage act, democracy, dream act, executive activism, government, gun control, judicial activism, losing democracy, monarchy, nancy pelosi, party loyalists, political parties, political parties suck, politics, President Obama refuses to support immigration laws, rachel maddow, senate minority leader. Bookmark the permalink. Leave a comment.