SCOTUS can now “declare the Constitution magically changed because of an “emerging” consensus on violating the Constitution.”

SCOTUS can now “declare the Constitution magically changed because of an “emerging” consensus on violating the Constitution.”

Powerful article by Ben Shapiro explaining one of the ways the Supreme Court is forcing its will on the states and the people. I bolded certain words in the piece which really hit home for me.
– Alexis

By Ben Shapiro Via Breitbart
On Monday, the Supreme Court refused to take on the issue of gay marriage – and by doing so, essentially greenlit same-sex marriage across the nation, encouraging low-level courts to continue knocking down traditional marriage laws across the country. Challenges to pro-same-sex marriage rulings in Indiana, Oklahoma, Utah, Virginia and Wisconsin have been rejected, placing all of those states on notice that they must begin issuing marriage licenses to two men or two women.

The Court clearly wants to wait until a majority of states have been forced to embrace same-sex marriage by lower-level appeals courts. Then they can determine that a “trend-line” has been established, suggest that society has “evolved,” and declare that a new standard must be enshrined. That, of course, was the logic of Lawrence v. Texas (2003), in which the Court waited 17 years to overrule Bowers v. Hardwick (1986), stating that anal penetration was a hard-fought Constitutional right; the Court in that case stated that Bowers no longer applied because of “an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.” Justice Scalia rightly pointed out that the Court’s statement was false – the state, he explained, still regulates “prostitution, adult incest, adultery, obscenity, and child pornography.” And Scalia also pointed out that “Constitutional entitlements do not spring into existence because some States choose to lessen or eliminate criminal sanctions on certain behavior.”

But that will not stop the Court.

They will wait until the time is right, then declare same-sex marriage the law of the land. They have already given lower courts precisely the tools with which to create an “emerging consensus.” Last year, the Court ruled that state attorneys general could simply refuse to defend state laws in favor of traditional marriage, thereby allowing the executive branch of state government to completely destroy law it doesn’t like. The Court furthermore set the predicate for future same-sex marriage rulings in United States v. Windsor, in which, as Scalia summarized, the Court declared “anyone opposed to same-sex marriage an enemy of human decency.”

This is the beauty of Supreme Court doctrine: they don’t even have to do their judicial dirty work anymore. They can rely on lower-level courts to violate the Constitution, then declare the Constitution magically changed because of an “emerging” consensus on violating the Constitution.

And the people have no recourse. They cannot pass laws that for two and a half centuries have been fully Constitutional. They cannot fight state attorneys general who betray their voters. They must sit by as the courts play legal games while awaiting the great Obama-esque “evolution” – an evolution that is almost entirely top-down, and that will then be dictated to us by our betters.

Breitbart

 

Comments

  1. “an evolution that is almost entirely top-down, and that will then be dictated to us by our betters.”

    Yes…the horrible, horrible dictation that doesn’t impact you in the slightest unless you’re gay and want to get married.

    • Opinions on marriage vary from person to person. However, the bigger picture is how federal courts are overturning state & local opinions. And our courts at all levels are being packed with activist judges who don’t abide by the Constitution. Our government was meant to be bottom up from the people, remember?

      • And we should always go with the majority opinion over what the minority is allowed to do, shouldn’t we? They don’t get any protections, right?

      • The beauty of federalism is you get to vote at the ballot box and with your feet. If you don’t agree with what the state is doing, you can move to another state. There is great danger in an overpowering centralized government who gets to dictate to places very far away.

        The Supreme court has been driven by ideology and overstepping its authority for a long time now. A handful of unelected unaccountable men and women should not be able to overturn decisions from elected legislatures. This was not the intent of the framers. We live in a time of judicial tyranny.

      • We live in a time where religious people are overly concerned with what other people do that doesn’t impact them.

        Sorry, but gay people can get married, whether you want them to or not, and you don’t get to vote on it any more than I can vote if you can get married.

      • Polygamy will be legal soon too. There are activist groups already working on it. It shouldn’t take as long as gay marriage did. (Men get to legally come into women’s public restrooms in Maryland thanks to LGBT activists.) And our boarders will be open to diseases, terrorists and freeloaders. And the government will be able to dictate where you live, what kind of car you drive, what appliances and light bulbs you will get to use, what you can and can’t do on your property and how much of your livelihood you have to dish in to them. With technology they have the power to watch you, spy on you and regulate every tiny aspect of your life and your business and there is nothing any of us can do about it. You are right. The federal government has complete control over your life and their power will grow stronger and stronger every day. This is just a drop in the bucket. Don’t think it is only for the religious. Gay, straight, all creeds, all races will be affected by this mammoth out of control leviathan. The circle of liberty will grow smaller for the atheist and every other human being. The iron fist of big government and post Constitutional tyranny will get worse with each passing day.

      • And the conspiracy theorist rears her head.

      • If you want to have a bunch of naked men over to your home tonight to celebrate gay marriage, burn Bibles & make fun of “religious” people, I really don’t care. All I care about is restoring our Constitution to the framers original content and limiting the scope of federal government. Thank God for Article V and the chance we have to undo the mess from the New Deal, the Great Society and all the other atrocious progressive fundamental transformation our Republic has had to go through.

  2. With America’s true 1600 Christian foundations in mind, how is it that America has come to be held hostage by a such a small percentage of perverts? There must be a defining moment in America’s history that drastically altered America’s Christian course that precipitated this and other atrocities.

    That point in history was 1787 when the late 1700 founders replaced the 1600 Colonial governments of, by, and for God, based upon His immutable moral law, for their own humanistic governments of, by, and for the people, based upon Enlightenment and Masonic concepts.

    For more regarding these two antipodal governments, see online Chapter 3 “The Preamble: WE THE PEOPLE vs. YAHWEH” of “Bible Law vs. the United States Constitution: The Christian Perspective” at http://www.bibleversusconstitution.org/BlvcOnline/biblelaw-constitutionalism-pt3.html.

  3. ALL of society comes from the act of a marriage between a man and a woman…
    From the earliest establishment in recorded history, this has been so… To change the very foundation of a society is to destroy that society…
    Still, this is really about whether we have unalienable rights as individual citizens or whether a “foreign king sitting on high” will dictate what rights we have, regardless of the will of the governed…
    I don’t have the time or patience to educate morons, but this is the difference between our Bill of Rights as opposed to the Magna Carta; our rights as US Citizens are given to us as a result of God (or Nature, if invoking “God” offends you) instead of being bestowed upon us by the rulers in power…
    Our Rights come from a Higher Calling and Purpose rather than fallible men…
    You can plug in so-called “Gay” marriage, abortion, slavery, bigamy or any other controversial “issue” that you want to insert, but it’s all about the LIBERTY of the US citizen to dictate or “constitute” the law to the governors by consent of the governed. Period.
    Unalienable rights are bestowed upon individuals; not “groups” or “couples”. Period.

    • Wow! Well said Rick. What a beautiful comment. You seem like someone I could be best friends with. 🙂 Please stop by more often. I’m sure all the conservatives here would love to hear from you more! God bless you!

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