President-elect Donald J. Trump campaigned as the “law an order” candidate and promised that, if elected, he would restore law and order in this country; but now that he has won the election he is already starting out on the wrong foot.
Law is prerequisite to order; and “all” power to make federal law in this country is vested in congress by the United States Constitution. The Constitution requires the United States Supreme Court (scotus) and all inferior courts to adjudicate cases in accordance with the Constitution and the laws of the United States.
Nothing in the Constitution empowers any court to amend, expand, repeal, invalidate or otherwise alter, or “strike down”, any duly enacted legislation; nor does it provide that any court decision is tantamount to legislation.
Congress enacted the Defense of Marriage Act (DOMA) which is the law unless and until repealed by congress. The court did not and cannot settle the question of same sex marriage. Congress settled the federal question and it is up to the people of each state to settle the question for themselves.
The supremacy of the supreme court resides within the judicial branch; scotus is not the supreme branch of government. Americans govern themselves through their “elected” representatives; not appointed jurists.
Courts settle disputes based on existing law; they do not “settle law”. “Case law” is not law; “precedent” is not law; only duly enacted legislation is law. If Donald Trump cannot embrace and espouse these facts, he cannot nominate a scotus justice who embraces these facts and there will be no more law and order than there was under Barack Obama. If Trump continues the unconstitutional practice of ceding absolute power to the judicial branch there will be no law, order or justice for the American people.
If restoring law, order and the separation of powers is the only campaign promise Trump keeps he will have done this country an invaluable service.