Michael Peroutka: Courts Cannot Make Law

“Recently, at the request of Pastor Rusty Thomas, I had the great privilege of addressing Operation Save America during their annual event designed to stop the baby killing in America.  This is a faithful group of individuals and many families dedicated to rescuing the unborn from murder.  I was honored to make a brief presentation regarding the difference between valid law and what our founders called ‘pretended legislation.'”

“I also used this opportunity to introduce a music video of a song I wrote entitled COURTS CANNOT MAKE LAW.”

“I am happy t say it was well received. I hope you like it.”
-Michael Anthony Peroutka

Watch as Institute on the Constitution’s founder, Michael Anthony Peroutka, demonstrates from the Constitution that courts cannot make law; therefore, Roe vs. Wade is legal fiction:

Operation Rescue National, or Operation Save America, held their national event, “Summer of Justice” in Wichita where Michael presented. The event coincided with the 25th anniversary of what came to be known as the “Summer of Mercy”, wherein thousands of pro-life Christians rallied against abortion in a time of almost unprecedented revival.

ORN/OSA’s theme involved what they termed to be a major game-changer in the fight to end abortion, the Paradigm Shift to End Abortion, in which five principles were posited:

  1. Abortion is Murder
  2. Roe vs. Wade is Legal Fiction.
  3. Courts Cannot Make Law
  4. Establish Justice by Defending the Preborn
  5. Rally the Lesser Magistrate to Defend the Preborn

Roe vs. Wade cannot be law, can it? President Richard Nixon never signed into law the Roe vs. Wade Act of 1973. Congress never voted on a bill making it legal to take the life of a child in a mother’s womb. Instead, seven judges on the United States Supreme Court decided along with Roe that a woman had the right to terminate her pregnancy. So how is abortion legal? Here is what our Constitution says:

Article one, section one of the U.S. Constitution states this:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Noah Webster’s 1828 dictionary defines vested as, “Fixed; not in a state of contingency or suspension.” This means it cannot be divested. If the court decision in 1973, which only pertained to the parties of Roe and Wade, was the law of the land, then would all court decisions be thought of as law? The answer is no, because they too never were passed by both houses of congress and signed by the president. Neither should the court case of Roe vs. Wade be considered the law of the land. Especially in America, it should never be the law of our land. It is not and should not be law for two reasons: First, in order to be law a bill must pass both houses of congress and then signed by the president. Second, it violates God’s revealed law. Exodus 20:13 is very clear, “Thou shall not murder.”

Michael Anthony Peroutka
Michael Anthony Peroutka
A Christian and an attorney, Michael Anthony Peroutka is co-founder of Institute on the Constitution (IOTC), headquartered in Pasadena, Maryland. He is a graduate of Loyola College (now University) in Maryland and the University of Baltimore School of Law. The Constitution Party’s candidate for President in 2004, Michael had a platform which sought to honor God, protect the family, and restore the Republic. The platform came to be known as “The American View of Law and Government,” and inspired the name of his website, TheAmericanView.com. Michael travels around the country, graduating classes from IOTC’s course on the United States Constitution, in addition to teaching classes in IOTC’s Pasadena, Maryland classroom.