Days of Change

Activist Judges are Back | June 30, 2015

The United States of America are ruled by a constitution. This document is the foundation document signed off by the original colonies and subsequent states admitted into the union. The Constitution is the sum total of all the articles and amendments passed over the last 240 years. Unfortunately, every little law, ordinance and program that is not contradicted by the Constitution is fodder for lawmakers. Sometimes, they do violate the Constitution and that’s why there is a¬†judicial branch.

Aside from all the judges who solve petty disputes, there is one final arbiter in the United States. The Supreme Court was established as an august body with the power to strike down or permit laws seen as unconstitutional by one party. The only other recourse is an amendment, which is a very difficult process with the polarization of political groups these days.

That goes out the window when the Supreme Court becomes interested in creating rights out of wishes. During the Roosevelt Administration, the Court was bullied into submission. The Court of 1973 was not, and simply decided that abortion was so important that human rights were insignificant. The Roberts Court used the false premise that the ACA was Constitutional and “established law” to appear non-activist when it interpreted the actual text out of a law.

From a legal perspective, the decision on gay marriage was the worst of all. Marriage law is the domain of the states and SCOTUS couldn’t change that. Instead, they used the already overused Fourteenth Amendment to claim that a legal process, marriage, and not a person’s identity, is protected. That would also mean that the ERA has apparently passed, because their decision means the same thing.

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4 Comments

  1. …ERA has apparently passed

    Excellent analogy!

    Comment by Mary — July 1, 2015 @ 12:59 am

  2. What I think is really happening is that the Constitution is being reshaped to facilitate a segue into Sharia ‘LAW” within the next 100 years. Rush is probabfly right when he says legalization o polygamy is on the horizon.

    Comment by Mary — July 1, 2015 @ 1:06 am

    • There is no legal argument against polygamy that wouldn’t also apply to gay marriage. The only difference is literally two vs. three or more people. In an opposite sex marriage, there is a presumption of fertility and children. Biological offspring is the reason why governments sanction marriage in the first place.

      Love is frankly an insane reason to decide anything from a legal standpoint. People love their pets. Certainly men with sister wives think they have a loving relationship. The only reason gay marriage is a special construct for the moment is that a gay marriage emulates a straight marriage.

      Comment by 1539days — July 1, 2015 @ 1:32 am

      • Sure enough,on Thur a Montana trio applied for a marriage license.

        Comment by Mary — July 3, 2015 @ 2:54 am


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