North Carolina Governor Patrick McCrory is apparently contemplating membership in the ever-growing ranks of derelict politicians who put their personal interests and aspirations above that of the people.
Despite taking an oath to support the Constitution of the state of North Carolina, McCrory’s silence as to whether or not he will betray the voters the way Arnold Schwarzenegger and Jerry Brown betrayed California; and Barack Obama and Eric Holder betrayed the American people, suggests he does not appreciate the profound implications of taking the proverbial dive.
It is not an issue of how North Carolina feels about people who label themselves gay nor is it an issue of how North Carolina defines marriage. It is a question of state sovereignty, the 10th amendment to the Constitution and the rule of law.
The United States Constitution unequivocally vests “all legislative power” in the United States Congress. Nothing in the Constitution empowers the judiciary to amend, repeal or invalidate an act of congress or the Constitution; nor does the Constitution confer the power of legislation on any judicial ruling.
This means that the Defense of Marriage Act (DOMA) remains valid, until repealed by congress; so that state constitutional amendments consistent with DOMA are in fact constitutional. The Constitutions mandate that all Americans be afforded equal protection under the law cannot be logically or legally construed to mean equal accommodation.
The courts contrivance known as “substantive due process” which accords higher legal protection to certain groups is an affront to the Constitution, surmounted only by congress’ failure to assert its legislative power to protect the American people from arbitrary judicial abuse.
No matter how well intentioned, distinguishing any group for protection not founded in the Constitution or federal laws that flow therefrom exceeds any power bestowed upon the court by the Constitution or the Judiciary Act of 1789 or its subsequent revisions.
The Constitution insulates the court so that it can indiscriminately administer justice, in accordance with the laws as written; not so that it can govern without accountability.
If Governor McCrory was really a friend of the late Senator Jesse Helms, he knows Senator Helms would never stand for North Carolina’s constitutional rights to be infringed; and neither should he.