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Separation of Powers

All three branches of government (Executive, Legislative, Judicial) are currently in violation of the separation of powers.  The Congress should be making the law, the Executive should be enforcing the law and the Judicial should be interpreting the law.  We now have the Executive and Judicial making law (or not enforcing the law) and the Congress passing laws they are constitutionally forbidden to pass.  All of these unconstitutional actions are void.

The USFA embraces the concept of separation of powers and encourages a return to the proper role of government as spelled out in our Constitution, to wit:

  • We believe that Congressional acts that delegate their law-making responsibilities to quasi-governmental agencies or even non-governmental agencies for further “rule making” place the Congress in violation of their Constitutional mandate; further, Congressional legislation that is passed related to ANY area that is not listed as a specific duty of the Congress in Article 1 Section 8 is null and void, being outside the enumerated powers of the Congress; attempts to hide behind the “necessary and proper” clause or the “commerce” clause of Section 8 to justify extra-constitutional legislation is a treasonous reading of our Constitution and must be defeated at every turn.
  • We believe that most Executive Orders are a violation of the Executive Branch authority (except where those EOs specifically deal with the enforcement of lawful legislation passed by the Congress);  that most Presidential Cabinets are a violation of Presidential authority and usurp the rightful powers of the individual States;
  • We believe that the Judicial Branch exceeds their mandate and authority when they stray from a strict Constitutional interpretation of the issues in reaching their conclusions, and when their decisions create, out of whole cloth, new interpretations and/or laws based upon social engineering and other non-constitutional or constitutionally-unrelated sources.   Further, the USFA rejects out of hand the concept that our Constitution is a “living, breathing document” or that it is “outdated” or has “outlived its usefulness” in our society.

The issues that exist due to federal government overreach in the execution of their duties have been further exacerbated by the wrongful appropriation and blending of powers that are supposed to be specific and separated, according to the Constitution.  This is a serious and dangerous situation that must be addressed quickly in order to return stability to our republic.