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Marie Lozito

March 31, 2012

Marie Lozito is a Registered Nurse, Licensed Massage Therapist, wife, mother, grandmother and life-long conservative. She wrote a text on medical massage and taught at New York College of Health Professions. 

Interested in, and observing politics since 1960, she ran for elected office in 2010. 


Who Makes The Laws?

We hear complaints about a “do nothing congress” and the “gridlock” that keeps the legislature from “getting things done”. President Obama complains about an “obstructionist Congress”. He complains because he can’t get the legislature to pass all the laws he would like. This prevents him from changing things as rapidly as he wants. He sees this as a problem, a defect in the Constitution which established our government’s structure and the functions of its different branches.

The purpose and function of the legislature is to make laws. So, “not getting things done” means the “gridlock” is keeping the legislature from making more laws. Contrary to the complaints, this is actually a good thing. Our Founding Fathers were wise enough to not want a legislature that made laws rapidly. They understood that the passions of the people are volatile and laws made in haste are usually not well thought out. Laws made in haste might address a short-lived passion of the people but are more likely to not be for the good of the society. In other words, hastily made laws are more likely to be bad laws.

The Constitution very deliberately established a legislature with power divided between two bodies – the House and the Senate – in order give the gift of time to the lawmakers. Time lets a short-lived passion calm down and lets the legislators think about and debate the proposed law. It forces the politicians to defend their position about the proposed law. This debate and analysis helps to expose its weaknesses and problems it could cause in the society. It also allows the people to understand and know about the law if it is passed. 

Some say this system is ridiculous because if we follow it “nothing will ever get done.” Actually, that is the idea. The Founders understood that when there is excessive lawmaking, the law is not knowable or understandable to the bulk of the people. Frequent changes in the law or complex laws that are not understandable create two problems. First: The government of the United States is meant to be ruled by the consent of the people. This means that the people need to be in agreement with, or give reasoned assent to the actions of the government. This is not possible if the law is unknowable either because of its complexity or frequency with which it is changed. Second: If the laws are too complex or changed too frequently, only those affluent enough (rich enough) to have the means (to hire lawyers or experts) would be able to manage around the laws and take advantage of the laws. This would in effect create an aristocracy in the country which would contradict the foundational belief that “all men are created equal”. 

In the Constitution, the Founders also created an Executive Branch. The Executive Branch, embodied by the President, has the job of enforcing the laws made by the legislature. It has no power to create any laws. President Obama disapproves of this too. He calls it a constitution of “negative powers”, telling him what he cannot do. That is correct. The Constitution was written to restrain government. It was designed to protect our God given rights and individual liberty by preventing government from accumulating excessive power over the people. President Obama circumvents the constitutional restrictions on his power by issuing Executive Orders which change rules or laws to be more in keeping with his progressive goals. Executive orders are constitutional when issued to enforce laws made by the legislature but are unconstitutional when used to make laws or change laws. His actions violate the separation of powers the Constitution created.

The Founders also created a third branch of government, the Judicial Branch. A judge’s primary job is to be impartial and strive to properly interpret the meaning, significance and implications of the law. The supreme law of the land in the United States is the Constitution. Unlike more recent laws made by Congress, the Constitution is easy to read and understand. Also, there are plenty of contemporary documents available to clarify any questions a judge might have due to usage changes in the English language that have occurred over the years. As progressive philosophy became more popular during the last century, judges began to stray from their proper job and began letting their personal beliefs and foreign law have more weight in their decisions than United States law. The decisions of these judges, called activist judges, can and do effectively make law by judicial precedent. This is another violation of the separation of powers which were designed to provide maximum protection for our individual liberties and God given rights. 

For all practical purposes, we now have a fourth branch of government, not designed by the Founders, the administrative branch, also known as the bureaucracy. …to be continued…


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