For the all-important goal of making homosexuals feel more mainstream than they are (by forcing everyone to endorse their lifestyles at gunpoint), the Supreme Court has launched the most blatantly illegal attack on the Constitution in nearly half a century. Here are the five ways that this tiny handful of un-elected, unaccountable activist judges have further hijacked this already rogue Federal Government, turned it against the American people, obliterating everything the Founding Fathers put in place:
5) Violating federal law.
The federal courts were expressly banned from making any rulings at all regarding homosexual marriage under the Defense of Marriage Act. And yes, that is a power Congress has under the Constitution.
The Founders designed the judiciary to be the “weakest branch” of the Federal Government, with the least capacity to “injure and annoy our rights,” as Alexander Hamilton put it. They were only ever supposed to resolve individual “cases and controversies,” and to be so irrelevant to policy-making that the Founders even gave Congress the power to dictate how the courts would be structured and which kinds of cases they could hear.
This ruling openly defied that constitutional restraint as if it weren’t even there. That alone renders this arbitrary edict an invalid abuse of power. For a more in-depth breakdown of what the judiciary is actually authorized to do, see Top 10 liberal lies about the Constitution.
4) Compromising the separation of powers.
Only Congress is authorized to make new laws. When federal courts overturn democratically-enacted state laws, impose taxes, and invent bogus rights out of thin air for everyone else to deal with, they are illegally stealing powers from the Congress that were never given to them and forcing the country to live under a bastardized dictatorship that has no right to exist.
3) Abandoning the authorized role of the judiciary under Article III.
Again, “judicial review” is a fraudulent, invented power that was never mentioned or even implied anywhere in the Constitution, or intended by any of the Founders. James Madison tried multiple times to give the Federal Government the authority to veto state laws during the Constitutional Convention, and it created such an uproar that it nearly derailed the entire process and was eventually abandoned altogether. States and citizens were to be all-powerful in governing their own affairs.
2) Eradicating free religious exercise.
The 1st Amendment expressly forbids Congress from making any laws that infringe on free religious exercise. The Supreme Court wasn’t forbidden from this, however, because courts were never authorized to make laws in the first place. But since they have stopped even pretending to follow the Constitution at this point and started just doing whatever they feel like, this 1st Amendment restriction applies to these new illegally self-appointed legislators as well.
As explained here, this illegitimate ruling has already opened the flood gates for the rampant criminalization and persecution of Christians into second-class citizens.
1) Trampling the 10th Amendment.
As I have noted, New York and Virginia originally refused to sign the Constitution, because they were convinced that this new Federal Government we were creating would eventually abuse its power and trample their rights. The Bill of Rights was drafted expressly to reassure them that their sovereignty would never be violated. It is a protection of the States and The People vs. the Federal Government.
The 10th Amendment was even added just to make absolutely sure that there was zero ambiguity. It verifies even further that the Constitution is a strict, narrow enumeration of federal powers, and that anything not specifically spelled out in it as a federal power is a power that does not exist, and that must be deferred back to the States, where the individual has maximum control over his own affairs and community.
Much like the European Union, the Federal Government was originally supposed to be a coalition of sovereign states, not an all-powerful governing body ruling over them from on high. It was only ever supposed to handle things like border control, interstate disputes, dealings with foreign governments, etc. Pretty much everything else was to be handled at the state and local levels. And nothing about marriage was mentioned, or even implied, anywhere in the Constitution. Therefore, the entire subject is a matter for the States, and any federal involvement in marriage at all is completely invalid.
And no, contrary to the bogus smokescreen the always-constitutionally-illiterate left incessantly uses to avoid this debate, the 14th Amendment does not, in fact, trump the 10th Amendment, negate all state sovereignty, and render the American people irreversible slaves to the whims of the Federal Government. It merely guarantees equal protection to freed slaves…as the authors of the 14th Amendment themselves are even on the record acknowledging (see here).
This brazenly lawless attack on the American people by such out-of-control judicial tyrants has absolutely torn the Constitution to shreds. And those dancing in the streets mindlessly celebrating the death of liberty today (because it happened to aid their side, this time) are in for a rude awakening once this tyrannical precedent gets applied by other unaccountable dictators.