America’s Supreme Court, led by Chief Justice Roberts, has again saved Obamacare and, excoriated by Chief Justice Roberts, declared gay marriage a Constitutional right. Justice Scalia said in dissent that these decisions show that “words have lost their meaning” and that the Court prefers some laws over others. Re gay marriage, he accuses the Court of usurping Congress. What are we to think?
Lets consider: When the Constitution was signed in 1787, it did not empower the Supreme Court to review and decide Constitutional cases as a lot of lawyers and some elderly citizens are aware. An oversight, or wisdom? We know not. But 16 years later, the Court appointed itself to that position in Marbury vs. Madison. The case is famous for its empowerment of the Court; its details are usually unmentioned. But they are interesting …
Marbury was a pesky, little liked local Justice of the Peace. James Madison was Secretary of State and a future President. But unfortunately, the law from what we can tell, favored Marbury in the dispute. For Madison to prevail, a reinterpretation of the law was required. And to reinterpret the law, the Supreme Court needed authority that the Constitution had not provided.
Chief Justice Marshall and his cohort then awarded themselves the supra-Constitutional power, reinterpreted the law and found for Secretary of State Madison. (Some things never seem to change …)
And if one stops to consider, ever since then, the Constitution has been replaced by the Supreme Court. (Reality Sucks?)
We are told (quietly) that the GOP, while publicly reviling the Obamacare decision, is in fact, relieved. It fits, declarations of repeal have rung hollow from the outset. so parse all this, what do we have?
Well, the Constitution is silent on healthcare and marriage. The despicably-drawn ‘Affordable Care Act” (written by public school grads?) exceeds Constitutionally awarded Federal authority we think and is gobbledygook besides, so far as we see. No matter, Chief Justice “Humpty – Dumpty” Roberts’ words mean exactly what he chooses them to mean, neither more nor less as Justice Scalia claims. Obamacare is safe in Roberts’ hands. Whether or not the nation is safe, is to be seen.
Gay marriage is now a Constitutional right, by decree since it is nowhere in the constitution. Neither does it exist in Scripture, old law or even in comic books. It is a social neologism. Homosexual folk have every right that the rest have; but no more than that. They can freely contract as they wish as can we all. But marriage is unavailable to them because it is a unique contract based in reproduction of the species; as they cannot reproduce, that contract is unavailable to them. Just as a partnership between doctors or lawyers cannot include a non-doctor or a non-lawyer; folk who are simply not qualified for that particular contract.
By assigning a Constitutional right to gay marriage, the Court has made a joke of the Constitution. The real but unmentionable issue is the subsidies for married folk in the Tax and Social Security and other laws. These were to help motivate people to reproduce and raise kids. Now they will be due homosexuals who will not reproduce, negating the original purpose of the subsidies.
We note too, that the Social Security, healthcare and other subsidies now due homosexual spouses have been underfunded even without these new ‘mouths to feed.’ Where is the additional money to pay homosexuals to be found? We are anxious to discover that … few seem to have been interested in it so far.
We read that Governor Bobby Jindal suggested just “get rid of the Court.” Well, that will require some though, but perhaps he has a point.