Post by TomLine on Sept 5, 2015 3:34:33 GMT -5
RULE OF LAW
by Tom Lineaweaver
Recently I heard Donald Trump say that a Court decision is the rule of law. And he wants to be President. He would be a disaster as President.
The highest law of our land is the Constitution, and the laws passed by Congress and signed by the President, and it must be within Constitutional boundaries for Legislation, or it is no law at all.
You see, the President takes an oath to "preserve, protect and defend," the Constitution, and Congress takes an oath to "support and defend the Constitution from all enemies, foreign and domestic." That means laws passed must be Constitutional.
So, what's the function of the Court? They adjudicate the Constitutionality of a law. That's it. They do not make law, they don't repeal law unless they rule a law is unconstitutional. But they have often gone beyond that. And when they do, they're decisions should be ignored.
The context of Mr. Trump's comments was a a question he received from a member of the media regarding the imprisonment of Kim Davis for her refusal, based on her religious beliefs, to sign marriage licenses to same sex couples. The official story was that she was put in prison for contempt of Court. But, what was that contempt charge based on? It was her refusal to hand out those licenses. Oh, and I saw a report that stated she would not get out till she denies Christ.
Do we need another President like that? One that doesn't understand the Constitution is the highest law of the land and the rule of law must be based on that. There are two parts of the Constitution that is important here. The First Amendment, and the pertinent part is, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." And this clause of Article VI, "but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
- quotations taken from: constitutionus.com/
First, we all have the right to the "free exercise" of our religious beliefs. And there must be no religious test for public office. So, Kim Davis has the Constitution on her side. Along with a lot of other people, Donald Trump obviously doesn't understand that. And Judge David Bunning belongs in prison for violating the Constitutional rights of a U.S. Citizen. And if I were President he would be there, and she would be free.
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