Contemptible

Ah, remember 8th grade Civics class and taking the Constitution Test? It was where I learned that our country’s Constitution divides the government into 3 separate co-equal branches–the Executive, the Legislative and the Judiciary. The founders (who had rejected the English monarchy) wanted to ensure that power would be “balanced” so that no single branch could wield too much influence over the affairs of state.

In case you don’t remember the test (or 8th grade), the Legislative Branch (House of Representatives and Senate) is responsible for passing laws. The Executive Branch (President and Agencies authorized by Congress) is responsible to carry out those laws. The President also has the power to veto the laws passed by the Legislative Branch (though the Legislative Branch can override the veto). The Judicial Branch (the Supreme Court and Federal courts under it) is responsible to ensure that the legislation signed into law is consistent with the Constitution and that the laws are fairly applied.

The structure of our government is pretty ingenious and ensures that we live in a democracy and not a monarchy. That is, as long as each Branch does its job and does not yield its responsibilities to another Branch of the government. If that were to happen, democracy would be at risk and we would devolve into authoritarianism and fascism.

Right now, we are skewed. The Executive Branch–through 157 Executive Orders and 39 Memoranda (practically speaking, the same as an Executive Order) and the creation of unauthorized agencies (like DOGE)–has taken over the Legislative Branch, which (with a Republican majority) has seemed content to acquiesce. And while the Judicial Branch has exercised its power to review and slow the Executive Branch’s overreach, the Executive Branch has ignored many of their rulings–especially those related to habeas corpus and due process. And now–at the urging of the Executive Branch–the Republican controlled House has gifted the Executive Branch with a legal means to control the Judicial Branch.

Section 70303 of the “One Big Beautiful Bill” would prohibit courts from using federal funds to enforce a contempt citation for failing to comply with court orders. Think about that. The Supreme Court ruled unanimously that the Executive Branch “facilitate the return of Kilmar Abrego García” to the US after he was mistakenly deported to prison in El Salvador. So far, there is no evidence that the Executive Branch has done anything to comply. In fact, Homeland Security Secretary, Kristi Noem, stated before a House oversight committee (under oath) that Garcia will never return to the United States.. Lower Courts have threatened to hold the administration in contempt for non-compliance–the only tool they have to enforce their rulings. IF CONGRESS PASSES THE BUDGET BILL WITH SECTION 70303 INTACT, THE COURTS WILL HAVE NO ABILITY TO HOLD GOVERNMENT OFFICIALS ACCOUNTABLE, making the Judicial Branch moot, and concentrating power almost completely in the Executive Branch. In essence, we will be living in a Monarchy. And if that happens, not only will the balance of power be skewed, we’ll all be screwed.

PS The Senate can still remove Section 70303 and reject the “One Big Beautiful Bill,” but Democrats and Independents cannot do it without Republican defectors. Whether you live in a state with Democrat or Republican Senators, call them and make some noise TODAY. But especially focus on your Republican Senators. If you need a script, go to 5calls.org.