Sunday, March 25, 2007

Separation of Powers

Gadzooks, this is off-putting. In some unholy way, the entire premise of the separation powers in our government has been annihilated. It is not only recent developments, but a long, steady decline that makes me shake my head and wonder why these things are not commented on more often, or more strongly.

The executive branch is able to modify the intent of legislation, or mimic the passing of legislation via executive order. The judicial branch has taken to legislating from the bench, creating law via decision. The most famous example of this might be Roe v Wade, where the Supreme Court did not interpret a law, or try a case, as much as they created what many see as a Constitutional right (despite a right to privacy not being in the original doc, but I digress) and essentially wrote legislation for all 50 states. Full disclosure note...I am pro-choice, but anti-Roe. I'd never kill my own child, but I recognize the need in some cases for termination.

Then, most recently, we have the legislature trying hard to be the executive branch. The House of Representatives should not have such direct control over tactics and strategy for troops on the ground in harm's way. It would be asinine for a NFL owner to change a play at the line of scrimmage, and it is just as ludicrous for reps from BFE who majored in poli sci and got law degrees to play at battlefield tactics.

Bottom line, Pelosi, if ya wanna be the Commander in Chief, do what Hillary is doing. Run for the top office. Until then, don't try to do the job from the bleachers.

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