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Category Archives: Separation of Powers

Administrative Law vs. “Show Me The Law!”


Rowan County is located in Kentucky.  Kim Davis is the Rowan County clerk who has repeatedly refused to issue marriage licenses to same-sex couples and has therefore been jailed by order of a federal judge.

Here’s a video of a Kentucky attorney, Michael Peroutka, explainting a constitutional defense for Ms. Davis at a rally.  He argues that she’s broken no law, because there is no law requiring her to issue marriage licenses to homosexuals.  Yes, there may be court opinions alleging that Ms Davis must issue such licenses, but court opinions are not “law”–they are only opinions.

video    00:06:57

 

As Mr. Peroutka pointed out, Article 1 Section 1 of the federal Constitution declares, “All legislative Powers herein granted shall be vested in a Congress of the United States . . . .”  If all legislative powers are vested in Congress, no legislative powers are vested in the courts (or in the executive branch, which is currently famous for issuing executive orders that seem to have the force of “law”). That means that the judicial and executive branches of the federal government have no authority to legislate and “make” law.

If the only charges against Kim Davis are that she’s defined a court opinion and/or executive order, then she has broken no law and it’s wrong, fraudulent and illegal to jail her for breaking a law because there is no such law.

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