The Amarillo Pioneer

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Stovall: The Branches Are Not Co-Equal

Stovall/Photo by Campaign

Stovall/Photo by Campaign

By Dwayne Stovall, Republican candidate for U.S. Senate

I have traveled Texas for many years discussing the original design of the federal system of government and the proper role of a United States Senator, and over that time I have come to the conclusion that we have all been educated in essentially the same lies.

Ask almost anyone what they know about the federal government and they will likely tell you that the federal government is made up of three “co-equal branches” and the supreme Court of the United States answers to no one and is the final arbiter of everything. And both of these descriptions would be wrong.

The notion that the federal government has three co-equal branches and that the federal supreme Court is the final word on all matters is a modern progressive era creation. It is a completely distorted take on both the Framer’s “checks and balances” and on Article VI of the Constitution, which made only the limited authorities loaned to the federal by the States the “supreme Law of the Land.” The most interesting part of this mindset is that the truth can be easily found in the document itself.

Constitutionally, the three branches are anything but equal.

The Legislative Branch has the most power. Congress holds ALL legislative power, meaning it can do things such as raise revenue, lay and collect four types of taxes, maintain a Navy, raise an Army, declare War, etc…   

The Executive Branch is subservient to the Congress, meaning, the People and the States. A President cannot write law, declare War, spend unauthorized money, approve any international trade agreements without permission. A President can veto legislation, but the Congress still has a mechanism to override a veto.

The Judicial Branch was designed to hold no real power. Here is Alexander Hamilton’s description of that branch in Federalist 78:

“Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.” In comparing it to the other two branches he said, “The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.”

Article III is clear: The supreme Court can be involved in only the few types of cases listed, and outside of the three types of cases listed over which the supreme Court will have original jurisdiction, the Congress controls the supreme Court’s involvement in every other type of case. (Hint: Abortion, Marriage, Education, Religion, Light bulbs, Climate, etc… are not any of those cases listed.)

Think about who is truly responsible for controlling these judges the next time a few unelected, well-connected, Harvard and Yale lawyers in robes decide they have the power to allow the murder of unborn children, redefine marriage, halt properly executed amendments to State Constitutions, stop the name of God, scripture, or the 10 commandments from being placed on a public building, decide what is pornography and what is art, or to force the citizens of a State to pay for the education of illegal aliens. 

No, the branches are not equal and the supreme Court is not above God, but, because of a long history of useless Congresses, today we look to the President as a king, and to case precedent instead of the Constitution.

Maybe it’s time for we Texans to go about the business of removing establishment incumbents.

Can I get an Amen?

www.DwayneStovall.com

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