Tuesday, September 8, 2015

Contempt for Thee but Not for Me

Kim Davis, the County Clerk of Rowan County, Kentucky, was sent to jail for contempt.  She refused to issue marriage licenses to anyone in the wake of the Supreme Court decision that legalized gay marriage.  She refused for religious reasons, though that is beside the point.  It is also of note that she is a Democrat.
 
Meanwhile, throughout the rest of the country, various city officials have refused to report illegal immigrants to the Federal Government and openly declared themselves to be 'Sanctuary Cities' for these lawbreakers.  Why have none of these officials been jailed for failing to follow the law?  It is again of note that these officials are almost universally Democrats.
 
Of the two cases, Davis has better standing, at least from my perspective.  Those who have established sanctuary cities are ignoring laws that were passed by congress and signed by the president.  Ms. Davis is refusing to enforce a 'law' that congress did not pass.  The lawmaking power is solely granted to the legislature, not the judiciary.  Even if the congress had passed such a law and the president signed it, it would exceed the authority granted to the Federal Government by the Constitution.  The only Constitutionally legal way to accomplish gay marriage would be to convince each state legislature to pass a law to that effect; such did not happen in Kentucky.
 
The rule of law is almost dead.  President Obama has flouted the law repeatedly, as have many of his appointees (most obviously former Secretary of State Hillary Clinton).  Laws that were passed are not enforced while laws that weren't passed are.  Spineless Republicans have let it slide though they pretend they are doing something by having hearings that will result in no charges being filed.  The Supreme Court has expanded its unconstitutional legislative role with Obergefell v. Hodges and King v. Burwell; who needs Congress if the President and the Supreme Court can write and/or rewrite laws?

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