Necessary Checks and Balances

Necessary Checks and Balances

*By Vincent Cavaleri, Contributing Writer,  Mill Creek City Council, Snohomish County Deputy Sheriff 


Hemmed in by a recent U.S. Supreme Court ruling, California Gov. Gavin Newsome reluctantly agreed to allow houses of worship to reopen in California, with limited capacity; amid his arbitrary color-coded tier system. Twice in the last four months, SCOTUS has issued a contemptuous ruling to Democrat Governors across the United States. Their unconstitutional closings of houses of worship have forced citizens and its clergy to rise in opposition of the oppressive Marxist mandates. Sadly 3 of the 9 Justice’s voted to keep the doors shuttered, despite the first amendment argument brought by South Bay United Pentecostal Church.


Just a couple of months prior, New York’s embattled Governor Andrew Cuomo also received notice by SCOTUS to “cease and desist” in its discriminatory practice of shuttering churches and synagogues. In the decision they were quoted as saying “these regulations are far more restrictive than any COVID-related regulations that have previously come before the court”. Simply put, if COSTCO and other retailers can operate with impunity so can the church. The embattled democrat governor continued to challenge the court’s decision by stating “the decision isn’t final; it simply blocks restrictions for now while the appeal continues”. Hear that? He intends on continuing to suppress religious liberty every chance he gets, despite the SCOTUS ruling.


In what’s become an all too familiar pattern in the blue states, elected democrat leaders continue to suppress its citizens rights to individual liberty, despite court rulings. It’s become so abusive; legislators, town officials, business owners, pastors, parents and individuals have filed over a thousand lawsuits nationwide against state COVID policies and restrictions; most challenging governmental overreach in these states. Sadly, one of the stories that gets lost is that most of these states’ legislatures have sided with these governors, while having the legislative authority to restrict or rescind the governor’s mandates and emergency powers. The legislature has had over a year to end the unlawful mandates but continues to be a coconspirator.


I can’t stress how important it is to have balance within the government structure. Wisconsin gives us insight on necessary balance within the state power structure. Nowhere has the debate over executive power been more rancorous than Wisconsin, where the governor and legislature are barely on speaking terms. Every legislative bypassing order the governor issues, the legislature challenges with court action and forces the legal and constitutional arguments to the forefront. Wisconsin is fortunate to have a State Supreme Court and an Attorney General that understands its role and the notion that the Constitution must always come first.


In May of 2020 the Court ruled that the Wisconsin’s “Stay at Home” order was unenforceable because it did not go through the “normal rule making process”. The Republican legislature’s litigation was to “end the constant stream of executive orders that are eroding both the economy and liberty equally”, according to state Republican Senate Majority leader Scott Fitzgerald. Kudos to these brave elected leaders for seeing the bigger picture and understanding all the components that must be considered when governing “We the People”.


In a free society, the court must always be unbiased and impartial. Unfortunately, we have witnessed activist judges, including the three that voted to keep New York’s draconian church lock-down measures in place, attempting to legislate from the bench. The U.S. Constitution establishes three sperate but equal branches of government, the legislative branch which makes laws, the executive branch which enforces the laws and the judicial which interprets the laws. We must always make sure that each branch “stays in their prospective lanes”. If there are any state legislatures not moving to restrict their governor’s emergency powers, then they need to be removed as well. Deference must always be given to liberty in a free society.


Thanks, God bless. Vincent