States’ Rights & Judges
I’m a believer in states’ rights, but there seems to be a lot of disagreement these days about what states’ rights are in the first place.
For example, I would argue that the Federal Government’s attempt to pass a Constitutional Amendment that defines marriage as being between a man and a woman is not an assault on states’ rights. How can it be, when gay marriage hasn’t been passed by any legislature in the US and 38 states would have to ratify the Amendment for it to come into force?
The reason the protection of marriage Amendment, among other issues, is being talked about in Congress is because power hungry judges at the state and federal level are making decisions on a regular basis, based on little more than their own personal biases and that should be left to elected representatives of the people. Then after our robed masters, like kings of old, issue decrees that all of us must live by, they imperiously proclaim their pig’s ear of a ruling to be a silk purse of constitutional law.
What we’re starting to see, especially at Congressional level is not — for the most part — Republicans who’ve fallen out of love with Federalism, but legislators who are starting to push back against judicial overstretch. That’s a good thing and it’s long overdue.