No one can deny that factions in congress and media are waging an all out war against President Trump. In their zeal to topple the President, media have abandoned the fundamental principles of journalism such a truth, facts and impartiality
It is unclear whether the false information in Joan Biskupic’s piece is the result of a failure to do due diligence, misapprehension of the US Constitution or a deliberate prevarication to misinform the public; but it is apparent that she does not embrace the principles and tenets that would qualify her as the journalist her credentials purport her to be.
Article I of the US Constitution states, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”. This precept is unambiguous, unequivocal and uncontradicted by any other precept of the Constitution, and clearly belies Biskupic’s allusion that “case law” is tantamount to legislation.
Case law is an esoteric term of the judicial branch which refers to prior US Supreme Court (scotus) decisions. It may serve to inform subsequent decisions, but case law is not law unless and until it has been passed by the legislature and signed by the President.
Biskupic also states that, “In 2015, the US Supreme Court declared a right to same-sex marriage nationwide.”; which is patently untrue. Article III of the Constitution constrains the judiciary to decide case in accordance with the US Constitution and the laws and treaties that flow therefrom. It cannot create, declare or confer rights upon anyone. To do so would be a violation of the separation of powers.
Nothing in the Constitution or The Judiciary Act of 1789 empowers the judiciary to amend, repeal, invalidate or otherwise alter any duly enacted legislation as a remedy in any case before the court. Unless and until congress repeals the Defense of Marriage Act (DOMA) it is valid law defining marriage in the United States, binding on the judiciary to recognize. The fact that congress is corrupt and incompetent is the only reason the judges who ignore the law have not been impeached.
Most importantly, Article I of the US Constitution states in part,
” The Congress shall have Power… To make Rules for the Government and Regulation of the land and naval Forces;…”
Article II of the US Constitution states in part,
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;”
The judicial branch of the US government has no constitutional role in the governance or adjudication of the armed forces of the United States. The chain of command for redress of grievances is from a member’s unit commander to the Secretary of Defense.
Biskupic’s omission and distortion of pertinent facts gives a decided bias to her piece; and demonstrates what the President means by “fake news”.