The US Supreme Court Has Gone Rogue
By Frank Salvato
Many on the Right side of the aisle are outraged. Gay marriage – a social issue at its core – has been validated by the US Supreme Court. The outrage is palpable. And while there is legitimacy to this outrage – especially with regard to the Court’s transgression of the 10th Amendment – the decision on gay marriage is a “bright shiny thing” that serves to quickly file us past an earlier decision that directly threatens the constitutional structure of our government: The Court’s ruling on King v. Burwell; the Obamacare subsidies.
No matter how you feel about the issue of gay marriage, the Court’s ruling on this social issue is an attack on the 10th Amendment, the rights of States to have authority over all things not enumerated in the US Constitution. But comparatively, the Court’s decision on Obergefell v. Hodges is a “mosquito bite” to yesterday’s “beheading” of our balance of powers at the federal level. We are being led away from what is tantamount to a “genocidal slaughter” of the Separation of Powers to gawk at a “highway accident.” With yesterday’s decision we are all – Liberal and Conservative, Republican, Democrat and Libertarian – losing our government to a transformative end stage; a commingling of constitutional branches and a centralized governmental authority in the federal government; something uniquely anathema to our basic governmental structure.
The Court’s King v. Burwell decision is so much more than its Obergefell v. Hodges decision because the former strikes at the root of how our government is supposed to work. By moving on from this constitutional crisis (and this is a true constitutional crisis) to outrage over a social issue when there are still remedies to be affected for said social issue, we are acquiescing to the Court’s decision on King v. Burwell – and the mortal damage it would establish to our system of government. No, with the Court’s King v. Burwell decision we should be fundamentally and exclusively outraged to the point of immediate action, arguing our points effectively and making a singular and cohesive stand for the Constitution.
There are those who argue that the Court’s attack on the 10th Amendment in Obergefell v. Hodges is equally as important as the Court’s direct assault on the Separation of Powers. I vehemently disagree and for good reason. The immediate danger to the Constitution and the survival of our nation – as we face forces that are achieving the fundamental transformation of our governmental structure – is the failure of the government structure itself, not the prior or resulting social issue movements. To make this argument is akin to believing that the crew of the Titanic should have started examining how to better construct a ship’s hull as the vessel was sinking instead of doing everything that they could to keep the ship afloat.
A simple solution to Obergefell v. Hodges is to remove government from the authoritative realm of marriage altogether. One way to achieve this is through the utilization of contracts for legal affairs between cohabitants, leaving the sanctity of the institution of marriage to the Churches where it belongs. Regarding the issue of taxation, where marriage is concerned, radically transforming our tax system from one based on income to one based on consumption makes the issue of “marriage” and personal taxation moot.
That social issue solution understood, we can see why King v. Burwell is so much more important. We live in a time when judicial precedent trumps constitutionality, and we are, in real time, witnessing an explosion of the very structure of our government. Precedent is being set – right before our eyes – that would allow the Judicial Branch to directly rewrite legislation via the issuing of judicial edicts from this point forward.
While both these decisions are important, one cements the destruction of our governmental model, while the other is a social issue battle that the Progressives will use to keep the citizenry away from being cohesive on the latter. Should we fail to see this true constitutional crisis then we will witness, in the immediate, the end of our constitutional form of government.
One battle is so much more important than the other. If we cannot see that then we are not worthy of the freedom we pretend to enjoy. Truthfully, I am stunned this has to be explained.
Frank Salvato is the Executive Director of BasicsProject.org a grassroots, non-partisan, research and education initiative focusing on Constitutional Literacy, and internal and external threats facing Western Civilization. His writing has been recognized by the US House International Relations Committee and the Japan Center for Conflict Prevention. His opinion and analysis have been published by The American Enterprise Institute, The Washington Times, The Jewish World Review, Accuracy in Media, Human Events, Townhall.com and are syndicated nationally. Mr. Salvato has appeared on The O’Reilly Factor on FOX News Channel, and is the author of six books examining Islamofascism and Progressivism, including “Understanding the Threat of Radical Islam”. Mr. Salvato’s personal writing can be found at FrankJSalvato.com.