President Barack Obama. you released these five Taliban members as payment for the release of Bowe Bergdahl. This was an unprecedented transaction and arguably beyond the scope of the authority of the executive branch.
Now Kim Davis, an American citizen, is about to become a religious prisoner in America and instead of five terrorists you need only say five words which you are bound by your oath; which states, in part, “… preserve, protect and defend the Constitution of the United States.”; to utter.
The United States Constitution clearly prescribes the only procedure for enacting legislation and it vests “all” legislative power in congress. The US Constitution neither expresses nor implies judicial involvement in the legislative process; nor does it provide that any court decision be regarded as legislation because all court decisions must be founded in existing legislation. Where none exists the court has no constitutional authority to create it.
Therefore, Mr President, as your constitutional scholarship should inform you, “case law” is not law. These are the five words you must say to congress; who must then inform the country, that no court decision is legislatively binding on anyone not party to litigation before the court.
Mr. President you have the power to save Kim Davis because absent the misconception that a court decision is tantamount to legislation, she has broken no law. She is being persecuted.
The scotus has been less than circumspect about its practice of selecting cases through which it can dictate social behavior and rejecting cases, like Ms Davis’, which may result in implications antithetical to its agenda. This is corruption and it must stop.
This is your one and only opportunity to do something not because of race; not because of gender; not because of special interests; not for political advantage; but because it is your job, you took an oath and it is the right thing to do for “all Americans”.