Judicial Branch v. Rule of Law – Judicial Activism Undermines American Liberty

Regarding the case of Kentucky Rowan County Clerk Kim Davis, there are those who say she must follow the law. These who say this also believe an opinion of five supreme court justices is “settled law”.

Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, generally referred to as simply Montesquieu, was a French lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment
Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, generally referred to as simply Montesquieu, was a French lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment

Kim Davis followed settled law, the laws of the state of Kentucky. At no time in history have the states ceded authority to redefine natural marriage; it’s not among the 30 enumerated powers of federal government.

What do we know about federal judge David Bunning? He was Bush appointee opposed by the American Bar Association, due to his inexperience.

The American Bar Association said David Bunning was not qualified to be a judge because he did not have enough experience. At the time, Bunning had 10 years of experience as a lawyer, all as an assistant U.S. attorney in Kentucky. The American Bar Association recommends federal judges have at least 12 years of experience. An attorney investigating Bunning at the time said his writings “read very much like the work of a young associate.” Lexington Herald-Leader http://ow.ly/S1Fnx

judge david bunning

He was heartily supported by KY Sen. Mitch McConnel, so his apparent pro-abortion and pro-homosexual rulings align him with the senior senator of his state.

Mat Staver of Liberty Counsel says of this case, “While the Supreme Court struck down federal and state laws defining marriage as being between one man and one woman, the Court cannot create a new law. The five lawyers on the Supreme Court who created a “right” to same-sex “marriage” did so without constitutional authority and have thus created legal chaos. The Constitution states that the creation of laws must always come from the Legislative Branch.

Kentucky’s law still states that marriage is between one man and one woman. It takes action by the Kentucky legislature and governor to change their state laws to reflect the Supreme Court’s ruling. The law cannot simply be “deemed” into place!”

Judge David Bunning failed Kim Davis on several levels.
28 U.S. Code § 453 – Oaths of justices and judges:

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.

The duties of federal justices is really quite simple: interpret the law to settle disputes in matters of law. Lawmaking is the purview of legislatures and Congress.

David Bunning is one of many liberal (or simply ignorant of the law) federal judges that must be removed by Congress to secure our rights.

martin-luther-king-jr-quotes-silence

What can you do? Persistently communicate with your Congressional delegation and your state lawmakers and governor. Tell them to follow the Constitution and take a stand against federal tyranny.

John White

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s