Kim Davis spent 5 days in jail at the hands of the United States District Court Judge David L. Bunning. Think about that, 5 days in jail! While many might believe that she ‘deserved what she received because she broke the law’, the truth is, there was ‘no law on the books to break.’ She was incarcerated because the APPOINTED judge took issue with how the ELECTED county clerk performed her job. This incident is one that most ‘Older People’ would have never deemed possible in the USA – and candidly, is not possible UNDER Constitutional Rule of Law.
Our Founding Fathers who penned our founding papers and Framed our Government, were deep thinkers. In fact, we have VERY FEW (if any) people today who think as deeply as did these men. They were able to set up in abstract what we know in substance. Their “Crowning Document” is known as the US Constitution. This is a relatively short, interesting, and binding document. Well at least, it’s SUPPOSED to be binding. Well, until the last 7 years, it has been ‘somewhat’ binding. From the Founders & Framers, it was SUPPOSED to be binding which is why every elected officials takes his/her oath of office by declaring to ‘preserve, protect, and defend the constitution of the United States against all enemies, foreign and DOMESTIC.”
The Constitution is genius in setting up the three branches of government with checks and balances to make sure no one arm of the government oversteps its authority. All of us know the responsibilities of each branch; The Legislative Branch is to pass or make Law, the Executive Branch is to enforce the Law, and the Judicial Branch is to interpret the Law. This is either 9th Grade Civics or 11th Grade American Government.
White this is clear and maybe simple, it is certainly not the case today. For the last 7 years, the leader of the Executive Branch has refused to enforce laws it didn’t like (I.E. DOMA, Immigration, etc) and led by the POTUS, it has attempted to transform an Executive Action into Legislation. For more years than this, the Judicial Branch has attempted to transform a ‘LEGAL OPINION’ (which is all the courts are authorized to do) into LEGISLATION. At the same time, the Legislative branch seems to argue more about Politics and their own personal careers than to ‘care for the public interest’ which is honestly what public servants are supposed to do. It seems to me that the only one NOT TRYING TO PASS MEANINGFUL LEGISLATION IS THE ONE BODY WHO IS CHARGED WITH THE RESPONSIBILITY OF MAKING LAW. In a vacuum, something or someone always attempts to fill the void, right or wrong. This could well be what is happening in the halls of Congress and Legislatures across the USA.
When the Supreme Court offered its “Opinion” on Obergefell vs Hodges, it was just that, an opinion. (By the way, it was an opinion offered by at least 2 Justices who were biased before the received the case, these two were not objective in their deliberations and probably should be removed from the bench because they didn’t recuse themselves from this case – but this is another blog). Their opinion does not constitute law UNDER THE CONSTITUTION. The next Constitutional step was for the CONGRESS to take up the action of the Court in order to pass legislation that they deemed legal, in light of the Constitution. Furthermore, when Judge Bunning sentenced Kim Davis to jail (against the desires of the Plaintiff’’s attorney), he was not acting in accordance with any law, but his. Again when any judge takes the law into his own hands, the law should take HIM into its hands and remove him. Every Judge MUST be held accountable to the Constitution or BE ASSURED that he will face legal action. In his defense, this activity did not begin with him, BUT it should serve as a warning for us that our Judicial system is out of control and must be reigned in.
When Judges, who are just as fallible as any of the rest of us, offer Opinions – many things form and forge those opinions. Judges do not always get it right. While I have and hold deeply religious beliefs about this particular case, for the millions of ‘non-religious American’, this case might be your ‘Victory Dance’, but if left unchecked YOU might be the next American to be jailed because a judge took it on himself to invoke punishment not outline in law. This is dangerous for our republic.
A judge does not possess “Ultimate authority” to do as he/she wishes and under the “Rule of Law” as set up by our Constitution, is limited BY LEGALLY PASSED LEGISLATION as to what the sentence for any crime might be. For Kim, she was in contempt of court BECAUSE Judge Bunning acted ILLEGALLY.
My call today is for us to return to the Rule of Law from the Rule of Man (I.E. judges making decisions based on their preferences and feelings.) This Great Nation was not founded on the “Rule of Man” but the “Rule of Law” which was also based on the “Law of God.” Until around 1930, one of the basic textbooks for legal training was “Blackstone” (1763). He put down in word what had been practiced since around the 10th or 11th Century. His book was used widely in the development of our system of government and jurisprudence and is based largely on Biblical Principles. Since 1930, we have seen a dramatic shift from “Rule of Law” to the “Rule of Man” and are witnesses to the Courts saying we have “RIGHTS” of which the Framers would have no knowledge, certainly would not guarantee, and certainly not protect.
You may like the direction our country is headed because you may be one who adheres to the “Rule of Man” premise. I urge you to be careful, the next person who is wrongly incarcerated might well be you!