The U.S. has endured many an onslaught from forces bent on its destruction. It has also navigated its way through internal turmoil, the worst being a Civil War that threatened to tear the country irreparably apart. Though it all it has not only survived, it has thrived. It has done so on the strength of its people and the solidness of its foundation.
The cornerstone of American success is found in the National Archives under a pane of glass guarded day and night. The aged parchment, whose hand written words laid down the framework for the world’s first Constitutional Republic, revolutionizing how governments were formed. Today in a world where writing a constitution is recognized universally as the first step in creating a government, it is hard to imagine this was not always the case. Of course a constitution alone is not enough to ensure success, it must be also well written and respectful of individual rights. Just as important, it must be followed. The Rule of Law is critical to the survival of a country and the liberty of its citizens. To that end, when it is ignored or treated as “living document” that can be changed at the whim of the political elite a constitution becomes just a piece of paper. Any country who has let this happen has found itself laid upon the trash heap of history’s failures.
The United States has owned its success to the reverence it has paid to its constitution and the ideas it espouses. Unfortunately, success today does not guarantee more of the same in the future. As the irreverent ideas of liberal demagogues hold sway in the halls of justice, the constitution has come under attack. The latest Supreme Court Ruling being but the newest in a series of devastating blows to the Constitution and by default the country itself.
Whether you are a firm believer in gay marriage or even embrace the fallacy that such behavior is innate, this latest ruling on the subject should be troubling. The Court created law out of whole cloth and ignored completely the document they have sworn to uphold. A more dangerous trend one can hardly fathom.
It is not the first time the Court has made an egregious decision, Roe V Wade similarly invented a new right out of the ether and Kelo stood the Constitution’s protection of private property on its head. In fact, there has been a pattern of constitutional abuses being done by the very people sworn to uphold it. One could call this a slow death by a thousand cuts, but the present ruling amounts to essentially a shredding of the near sacred text.
There is no bases found in the Constitution that authorizes the Court to declare anything regarding Marriage. Not being a federal function, it is an area it has no jurisdiction. By reaching beyond its limits, the Court has become not a judge of the law, but a group of unelected legislators. If you believe, as the founders did, that the legitimacy of a law is derived from the people in whose name the lawmaker acts, and that no law made without the consent of the govern (directly or by way of their elected representatives) is valid, than it holds the Court decision legalizing gay marriage is illegitimate; that it is in fact, as Judge Scalia called it, a danger to democratic society. It has introduced into American jurisprudence the concept of Oligarchy, rule by a elitist few.
How can a people be declared free, or a county a product of self-rule, if the laws it lives under are created by those who are neither elected to office or subject to the restraints of limited tenure? When the Court of last resort claims unto itself powers not delegated to it, what recourse do the people have? In short, how does the actions of the Supreme Court differ from that of any dictator? As if to emphasis this point, Judge Samuel Alito said in his dissent,”every American should worry about what the majority’s claim of power portends.”
There is little recourse to oppose a court for whom the Rule of Law has no meaning. Pass another Constitutional Amendment? They ignored the constitution to create the law, so what is another amendment but words on paper? Civil disobedience, while to be encouraged, will be faced with armed enforcers doing the bidding of the judiciary. Impeach the Judges? It is not likely one will ever get enough votes to overcome the supporters of arbitrary rule. At this point, it seems the U.S. has been put under new management, or as Justice Antonio Scalia put it, “the ruler of 320 Americans coast to coast is a majority of 9 lawyers on the Supreme Court.”
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“The Constitution…, til changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all.” George Washington