States Hold Supreme Court Justices In Check!

According to the Associated Press, “about four-fifths of the Sovereign States have enacted State laws that directly reject and ignore federal laws on marijuana use, gun control, health insurance requirement and identification standards for driver’s licenses.”

Jefferson and Madison reminded Americans that the federal government is the creation by the States, not the other way round. Under the form of government given to us by the Founders and ratified by the first generation of United States Americans, the States are the Master and the federal government is the servant.

The States delegated to the central government certain powers of action, detailed in Article I, Section 8, and reserved every other power of action to themselves and to the people in the 9th and 10th Amendments.

Now conspicuous by its absence in the Constitution is any mention of marriage. Nowhere in the Constitution, in Article I, Section 8 or anywhere else, did the Framers grant any authority to the federal government – including the court system – over domestic policy in the individual States.

Marriage policy, in our form of government, is an issue that is reserved solely to the States. No branch of the federal government – legislative, executive or judicial – has any moral or constitutional authority to dictate marriage policy to the States.

Some will cite the 14th Amendment, of course, but the subject of marriage is not a part of the wording of that amendment nor was it a part of the debate over its ratification.

Simply put, the 14th Amendment says nothing about marriage whatsoever. Those who cite it in support are simply guilty of judicial activism. The 14th Amendment was written solely for the purpose of granting full citizenship to newly emancipated slaves, and guaranteeing their right to vote.

So what should our response be if the Supreme Court overreaches, and imposes same-sex marriage on all 50 states?

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James Madison wrote the Virginia Resolutions of 1798. When the federal government engages in

“a deliberate, palpable, and dangerous exercise”

of powers not granted by the Constitution, he said,

“the States, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights and liberties, appertaining to them.”

So what should States do if the Supreme Court overreaches again and seeks to dictate marriage policy to the States?

It may be time for the States, particularly the ones who have marriage amendments in their state constitutions, to “interpose” themselves between the tyranny of the central government and their own citizens.

Just as caring families do an “intervention” with a loved one whose life is out of control, it may be time for the States and for Congress to perform an intervention with the Supreme Court.

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On this view, States with marriage amendments would continue to recognize only marriages which are valid under their state constitutions, for the purpose of state recognition and state benefits.

On constitutional grounds they would simply ignore the Supreme Court and its judicial overreach. If this action is taken by the state legislatures, by the elected representatives of the various states, that wouldn’t be rebellion.

Far from it.

It would represent the best of Our Republican form of government in action.

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Congress likewise could and should simply refuse to recognize the legitimacy of any Supreme Court action that overturns the Defense of Marriage Act.

Deciding the definition of marriage for federal purposes is the responsibility of Congress, not the Supreme Court, and Congress should not surrender its constitutional authority to the illegitimate Supremes.

If Congress doesn’t surrender on this matter of Constitutional Law, what recourse does the Supreme Court have?

Were Congress and the States to do this – stand firm and unbending on constitutional principle – what could the Supreme Court do? Nothing. It has no police force. It has no power to enforce its unconstitutional will on anyone.

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The authority of the Supreme Court is entirely a function of the good will of the American people, who are just at the point where they have had it with being pushed around by black-robed tyrants.

The power of the Supreme Court is exclusively in its moral authority.

If the Court oversteps its Constitutional bounds and imposes sodomy-based marriage on the States against their will, it will have shredded what little remains of their moral authority.

States Nullification — State Nullification

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And neither the States nor Congress have any moral or Constitutional obligation to surrender their rights under the Constitution.

If Congress and the States follow Jefferson and Madison and “interpose” themselves between a hyperactive judiciary, the supreme court may lose but the Constitution and the American people will win.

I’ll take that trade any day.

Bryan Fischer

Renew America