WTF, Supreme Court Edition

[chris_gerrib]

So, despite specific language in the Constitution to the contrary, Congress does not have the right to draft legislation enforcing the right to vote. But, despite the words "gay" or "homosexual" not even appearing in the Constitution, Congress ALSO doesn't have the right to pass legislation governing what is recognized as a marriage?

Look, I'm really fine with gay marriage. I really am. But damn it, the Supreme Court is supposed to make decisions based on the Constitution, not on whatever makes them feel good. We did not elect the Supreme Court to be some kind of super-legislature.

Given this one-two punch, it's hard to see them as anything BUT an un-elected legislature.

Comments

[baron-waste.livejournal.com]

… Which people on the right say, also, whenever the Court makes decisions favoring the collectivist left. In this case, I'd say they've upheld the 10th Amendment, and good for them! Despite what Dear Leader Comrade Roosevelt thought, the Federal Government does NOT have the right to regulate every aspect of American life without hindrance. Many things ARE supposed to be left up to the individual States - most things, in fact. For the Federal Government to define what constitutes marriage, like it or lump it, is exactly on a par with deciding how many cars may be sold by a given automaker. Butt out!

“'The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity,' Kennedy wrote.” Damn right.

If you think about it, the only way the Feds could have that right is if we, too, had established a state religion, Church of England style. If our Chief Executive were also Defender of the Faith, then he could speak with the authority of Church and State on what is sinful and what is lawful. It don't work that way. If Taxachusetts wants to eliminate all qualifications so you can marry your daughter AND your dog, while Alabama lays down the law that a man and a woman alone may marry, while the People's Republic of Boulder outlaws all heterosexual marriages as “demeaning to womyn,” well, God bless the Republic!