As Christians tear their hair out over the latest Supreme Court decisions that legalized same-sex marriage in five states and effectively reversed lower court rulings in six others, very few citizens seem to challenge the Supreme Court’s power to bend and twist the U.S. Constitution until it fits the world view of those 9 senior citizens in black robes who appear to care not a whit about individual freedoms. We should be ‘in their faces’ but as it stands, we have to accept their decisions and sit in awe of their power.
What an ‘awesome’ power it is! Supreme court decisions are final. Neither the Congress or the president have veto power over Supreme Court decisions.
So we have 9 super beings, 9 demigods right here in our midst with the power to control our lives, for the rest of their lives, from their seats of power. The problem is, the Supreme Court, originally intended to decide Constitutional issues, was given virtually unlimited power by Article III of the Constitution (http://www.law.cornell.edu/constitution/articleiii). Unlimited power to rule on every aspect of our lives.
U.S. Constitution, Article III, Section 2, Paragraph 1:
“The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.”
What’s more, if these given powers do not specifically apply to a given case, the court has (or is at least unchallenged in assuming) the power to “interpret” their Constitutional authority so that it does.
If there is an inherent flaw in the Constitution, this is it! It dismisses the concept that the United States is a Constitutional Republic, i.e., A form of government in which power is explicitly vested in the people, who in turn exercise their power through elected representatives. Through elected representatives!
Supreme Court Justices are NOT our “elected representatives.” They were put in power by our “elected representatives” but that power is subject to political deals; a seat on the Supreme Court is figuratively ‘bought and paid for” by powerful political operatives and once a justice is sworn in, he or she is effectively beyond the “power that was explicitly vested in the people”. Justices are effectively, ABOVE the Constitution. The Constitution says what the Justices say it says and it means what they say it means.
Is there any one person, or any 9, who should have that much control over American life?
This is not to say that the Supreme Court is not an essential department of government, my point is that it sits as the most powerful force in the United States (which will, hopefully, again someday become the most powerful country in the world) and it sits with virtually no controls over it.
There is no reason or logic that implies that the Supreme Court should have anything to say about our personal lives, i.e. who we marry or who we hire or do not hire in our businesses or even how we educate our children. Most Supreme Court Justices are where they are because of political deals and political contacts, not because of their devotion to the American way of life or to the U.S. Constitution.
Speaking of ‘who we marry’, it is interesting to note the fact that there is NO MENTION of marriage in the Constitution! Shouldn’t that automatically exempt the purely social institution of marriage from Supreme Court’s jurisdiction? This important technicality, it seems, is being ignored. The Supreme Court, as I see it, acting well outside the bounds of it’s charter, has for decades inundated us with marriage laws as well as other laws that effect society, without the explicit power to do so.
1) Lets find a way to return the power over marriage not to the states or to the people but give the baby with the dirty diapers back to the church. They gave birth to him and should have custody. Marriage is a relationship between two people; always has been and should be. No one gave the Congress, or the Federal courts the explicit power to decide who those two people are. The Supreme Court assumed that power . . . and we said nothing!
2) Let’s also find a way to reign in the general power of those nine old folks in black robes and live in fear of them until we do.
3) While we are tackling these two tasks; tasks clearly worthy of “The Impossible Mission Force” (or at least “Charlies Angels”, let’s also find a way to restore State Sovereignty in America and bring America back to where it is supposed to be. The 50 sovereign states have, over the years, been vandalized. Their power of self-rule has been diminished to the point where they can make few decisions without the forced advise and consent of the Federal Government. This was permitted by the Supreme Court and, we can only assume that it accurately reflects the thinking of those nine black-robed demigods.