Letter to the Editor; Lawful government

Around this Independence Day let’s consider the law and the role of a judge.

Definitions:  The Constitutions  for Montana and the United States, that all elected officials and many of their employees swear an oath to uphold, are the LAW.  The Declaration of Independence is considered to be the preamble to the Constitution. Codes are bills passed by the legislative process, executive orders, or rules written by various agencies. Some of these codes and rules are not in agreement with the LAW (the Constitutions). So let’s start using terms correctly. The Constitutions are the law. Codes are sometimes lawful and sometimes not.

Separation of powers is a concept invented by the American founders that prevents unlawful codes from being executed against the people.

The Declaration of Independence teaches: Our government was made by people to secure people’s God given rights. It is logical that people would not make a government that would allow unlawful codes to be executed against the people.

The Legislative branch is where you go to have new laws crafted. However the Judicial branch is where you go to get bad laws checked. The judge is needed to check and balance the Legislative (code making) branch, to make sure the codes they craft are lawful (according to the Constitutions). The judge also is to check the Executive branch (the officials and officers that make charges, execute rules and write tickets) to makes sure the execution of the codes are lawful.

I have heard said the Constitution is not a self-executing document, meaning if you do not know your rights or are not willing to stand for them, you don’t have any rights.  Let’s return to lawful government, practicing the true purpose of government, securing the rights of the people.   

Mark French,

Plains