Saturday, July 11, 2015

How SCOTUS Violated The US Constitution In 3 Ways

SSM Decision: How the Supreme Court Violated the Constitution
Written on Monday, July 6, 2015 by David L. Goetsch

No person living today should have been surprised when the Supreme Court ruled in favor of same-sex marriage in Obergefell v. Hodges. At least five of the justices regularly ignore the Constitution and legislate from the bench. In fact, with the current composition of the Court the decision on SSM was a foregone conclusion the minute the case was granted certiorari. Many Americans are upset and even angry about the Court’s decision, but what is even more disappointing than the actual decision is the fact that the Justices agreed to hear the case in the first place. They never should have, and did only to press the personal agendas of five of them.

The Court’s decision did not define marriage, it re-defined marriage. This is a key point. The Supreme Court was not asked to define marriage in Obergefell v. Hodges, it was asked to re-define it. In doing so, the Justices violated the Constitution in three ways. Specifically, the five Justices whose opinions prevailed violated: 1) the moral law upon which the Constitution is based, 2) the concept of federalism set forth in the Constitution, and 3) the requirement in the Constitution that every state be guaranteed a Republican form of government. In addition to these violations of the Constitution, the Supreme Court also violated the long-honored tradition in the law of basing new decisions on legal precedents. The concept is known in the language of legal scholars as Stare Decisis. (Let stand what has been decided).

As to violating the moral law, the Supreme Court simply ignored the fact that the framers of the Constitution were guided and informed by the words of Jefferson in the Declaration of Independence when he wrote that America is to be governed according to “the laws of nature and of nature’s God.” The laws of nature’s God clearly prohibit same-sex marriage—just compare the anatomies of men and women—and so do the laws of God. Marriage as a concept was not invented nor was it defined by man. It was defined by God when He created Adam and then gave him Eve as his wife. Consequently, to attempt to redefine marriage is to ignore the moral law upon which our nation was founded and our Constitution written.

The Supreme Court also violated the concept of federalism established in the Constitution. Federalism is a concept in which government is limited and most of the enumerated duties of government are assigned to the individual states as are any duties not specifically assigned to the federal government. With federalism the national government’s powers are purposefully limited. In fact, the enumerated powers of the federal government described in the Constitution total only seventeen. There is nothing in the Constitution about marriage, much less an enumerated power concerning marriage given to the federal government. Consequently, the issue of same-sex marriage is a state issue—not a federal issue. In other words, the Supreme Court should never have agreed to hear Obergefell v. Hodges in the first place. By hearing the case, the Justices unlawfully impinged on the prerogatives of the states and, by doing so, violated the Constitution.

Article IV, Section 4 of the Constitution reads in part: “The United States shall guarantee to every State in this Union a republican form of government.” This means that the states are empowered to elect public officials who, in turn, enact public policy for the state. For the Supreme Court to over-rule these state-level policies is a clear violation of a constitutional guarantee. Since 30 of the 50 states has already passed legislation verifying that marriage is the union of one man and one women, the Supreme Court violated the guarantee of federalism set forth in Article IV, Section 4 of the Constitution by ruling on Obergefell v. Hodges; a case the Court should have refused to even hear.




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