Lack of Understanding of Basic US Government Structure

Posted: January 29, 2014 in abortion, legal / law, politics
Tags: , , , , , , , , ,

The article is pretty basic — a simple excerpt from a FOX “news” source entitled, “Supreme Court Blocks Abortion Ban.” The US Supreme Court simply let stand a 9th U.S. Circuit Court of Appeals decision that determined an Arizona law that banned most abortions after 20 weeks of pregnancy was unconstitutional.

For those who don’t remember, or who aren’t in the US and don’t know about how our government works, we have three branches: Executive (President), Legislative (Congress), and Judicial (Supreme Court). This structure is duplicated in pretty much all jurisdictions at all levels across the United States.

The basic roles are that the executive runs things, implementing the laws; legislative passes laws that set rules for how things should be run; and judicial ensures that both the executive and legislative follow the laws, especially within the context of the Constitution. It’s called “checks and balances” where each branch both supports and keeps the other branches in check (such as the executive nominates people for judicial, but legislative has to approve those nominations, and can impeach them once on the bench, but once in, the judicial branch can throw out stuff the executive has tried to do or is doing and stuff the legislative has done).

Make sense? Sure … in a very fast top-of-my-head way.

That basic civics lesson, however, was apparently lost on some WND commenters on this article. “MarvLS1” with 11 up and 1 down-vote (the highest-rated) wrote, “How can they legitimately refuse to hear the appeal?”

In response, “gertd” with 6 up and 3 down tried to inform him/her: “If they feel the issue has been addressed already and the law is clear, they will not re-open the matter.” Yup. If you agree with the lower court ruling, you don’t have to revisit the issue.

But, “MarvLS1” didn’t like the response, and with 8 up and 1 down vote, wrote: “In other words, judicial rule by fiat is the law of the land. No wonder this country is in decline.”

Um, no. The SCOTUS (Supreme Court of the United States) doesn’t have to hear an appeal. They exist to protect the rights of the people and keep Congress and the President (and governors and state legislators, etc.) in check. And if they act contrary to the Constitution, then Congress can impeach them. It seems only to be “judicial rule by fiat” when a ruling goes against what you want it to.

That’s all … it’s really not worth getting into the completely ignorant comments by others, like “dude911” who seems to think that all pregnancy is a choice (“Face it, if you didn’t want to get pregnant, you should have made that choice.” or “Women have a choice. But when they act, and become pregnant, that choice has already been made, the consequences being the creation of life. After that, a womans right is forfeit to the child, whom she owes a duty to protect.”)


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