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The Problem is...
Executive (not Judicial) Activism

The following (slightly edited) letter was sent June 17, 2008. 

Abortion, sexuality, marriage, education, and many others are deeply in need of being addressed.  But if we do not first remedy the terrible destruction to our Constitution, which was set up to ensure open, honest, uncoerced discussion of legislative issues, and of open, honest administration of enforcement (executive branch), and of court judgements, we have no hope of resolving the particular issues.  A key and underlying principle for maintaining government accountability, and freedom from coerced legislative discussion is the separation of powers, which has been all but dismantled, leaving our government unaccountable to the people.  As below...

See also Abortion is NOT Legal... by Herbert Titus, constitutional lawyer. 


Mrs. Beverly LaHaye
1015 Fifteenth St. NW, Suite 1100
Washington, DC 20005

Dear Mrs. LaHaye

I received a letter from you referring to the "horrible Supreme Court decision that legalized abortion on demand". The decision was indeed horrible.

But the truth is that the Supreme Court cannot "legalize" anything at all. Our Constitution allows only the legislature to do that. The Roe v. Wade decision did nothing at all to legalize abortion of any sort. It did nothing to force Congress to legalize abortion. We have been lied to, and we have rolled over and played dead. America has been persuaded that the courts can change the laws of America or of their respective states. That is not the case, and We, the People, need to stand up and pointedly remind everyone in a government position of that fact.

In both Massachusetts and California, the governors have cooperated with the illegal and unconstitutional subversion of our legal system by rewriting marriage licenses to permit the legally impermissible. In doing so, they have violated their oaths of office to obey the constitutions and laws of their states. That violation is a felony crime. In neither state did the legislature pass laws permitting same-sex marriage. So, there is no legal same-sex marriage in either Massachusetts or California. In both states, it is still illegal.

Thus, the two governors are committing a felony. Are we not being systematically lied to by our own governors, and must we not expose those lies? The problem is not judicial activism, it is executive activism, with the judiciary often abetting the illusion that it has changed anything.

The executive branch is the enforcing branch. The courts have no enforcing power. Enforcement, by Constitutional separation of powers, belongs only to the executive. So it is the executive which is breaking the law, using the illusion created by the judiciary. The executive is breaking the law, with the judiciary running interference, so that the governor can say, "The judiciary made me do it!" The governors in question cannot be ignorant of the legal realities of America. So what can the public conclude but that the two governors were lying? It is the executive branches which we must hold accountable for felonious deceit.

The tragic realities of abortion and of same-sex "marriage" are being allowed to happen because of ignorance and cowardice among both liberal and conservative, leadership and followership. We have not stood up against the real lawbreaker -- the executive branch. We must repent, change, and get to work.

The courts of America themselves have often said that they cannot make laws. They have themselves reminded the people that courts making laws is a violation of the separation of powers -- which will always lead to tyranny. This is a freedom issue for both liberals and conservatives. The real enemy are the control-minded, whether conservative or liberal.

Is not the judiciary being set up as a decoy to keep we, the people, from noticing the real culprit, the executive? If we do not target the real enemy, we will continue ineffectively chasing our own tails, and the evil-minded will continue to laugh at us. If we do not stand up, we will all, liberal or conservative, be subject to tyranny.

Please stand up and help lead America back to Godly common sense and a restoration of the kind of government which alone is appropriate for a free people under God. We must force the executive branch of our federal and state governments to obey the constitution and statutes of the land.  

Only then will we rightly resolve the issues of abortion or sexuality.

                                                                           Faithfully, Earle Fox

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Date Posted -  --/--/2008   -   Date Last Edited - 07/07/2012