Legal immigrants must pass a civics test for naturalization. Arizona is set to begin requiring high school students to pass a civics test prior to graduation. The Supreme Court of the United States (scotus) is set to test the constitutional knowledge of the United States Congress and whether or not congress passes will determine the future of the country.
The scotus is prepared to declare a constitutional right to so called “gay marriage”; anyone one who doubts this simply has not been paying attention.
The female members of the court vote in unison (if at all) and Anthony Kennedy, as advocate and activist, has carried lgbt water since Lawrence v Texas. This together with the fact that the court declined to overturn Perry v. Schwarzenegger despite Vaughn Walker’s unethical refusal to recuse himself; and notwithstanding the fact that Walker’s biased, convoluted ruling had no constitutional foundation suggest the court now feels confident it has contrived a plausible defense for declaring “gay marriage ” a constitutional right; even though marriage is not a constitutional right.
This is where the civics comes in. The United States Constitution provides for the establishment of three branches of government; the executive branch leads, the congress legislates and the judiciary ensures that state laws do no violate or conflict with federal law.
The only federal law in existence which addresses the question of marriage is the Defense of Marriage Act (DOMA); and it remains the law unless and until repealed by congress.
The Constitution vests “all” legislative power in the congress. Inasmuch as the Constitution vests no legislative power in any other branch, the notion of “case law” is without merit. No court ruling is tantamount to law and any attempt to amend, repeal or invalidate federal law is a constitutional violation.
While it is the court’s prerogative to be guided by previous court rulings, those rulings, in and of themselves, do not constitute an adequate foundation to support a finding of unconstitutionality; the ruling must find constitutional foundation whether or not prior similar cases exist in order to be valid.
The scotus has violated the Constitution and the Separation of Powers Act on a regular basis, however, what it now proposes to do is amend the United States Constitution. Marriage predates the Constitution yet the constitutional convention was not compelled to include marriage definitions or regulations in the Constitution. Instead it opted to leave it to the states as articulated in the Tenth Amendment to the Constitution. Collectively, through congress, the states mandated that the Mormons comport with the prevailing American marriage paradigm prior to acquiring Utah; leaving no doubt as to what “the people’s” definition of marriage was.
It is not a function of the court to arbitrate fairness, rather it is supposed to adjudicate within the constraints of existing law.
Each scotus, however, becomes progressively more arrogant in imposing its sense of fairness and less inclined to be constrained by the law or the Constitution. The scotus sanction of “hate crime laws”; which discriminate based on race, religion and sexual preference; and its propensity to usurp the congress as in its attempt to invalidate DOMA, clearly demonstrates its disdain for any law or constitutional precept which offends its sense of fairness or justice.
Congress is the only branch of government constitutionally empowered to impeach, try and remove from office any (convicted) member of any of the three branches of government.
Constitutional violations by the judiciary is malfeasance which constitutes bad behavior and constitutional grounds for removal from office.
The question is whether or not there are enough members in congress, cognizant of their constitutional power and responsibility, who have the intestinal fortitude to preempt the court’s proposed, unconstitutional action.
The court has no constitutional authority to invalidate an Act of Congress therefore DOMA is the law. As such, there is no question for the court to answer relative to a state law clearly founded upon a federal law.
It does not matter whether one supports or opposes same gender matrimony; supports or opposes lgbt; is Jew, Gentile, Christian, atheist, Republican, Democrat, Tea Party or whatever; the question is not about lgbt or religion; it is about whether the people, through congress, will govern themselves or if an unelected, omnipotent court will be allowed to rule the country.
Before choosing to support the latter one should consider that one day they may be subjected to the whim of a court which can operate with impunity and may not be as receptive to their view. Any scotus can overturn a previous scotus’ ruling with a simple majority, which is why we legislate through 535 elected representatives rather than capitulate to the dictates of five unelected  justices
We should all hope that congress can pass the civics test.


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