Our Constitution isn’t broken. Why are we trying to fix it?What’s broken is the sacred trust of judges to apply the law. What’s broken is the accountability of the judiciary. What’s broken is the will of the legislature to check the actions of the judicial branch.
If the problem we have is judicial tyranny, why do we think changing the Constitution is the remedy? After all, members of our judiciary have begun looking to the laws of other nations when deciding cases tried under U.S. law. If judges aren’t even interpreting the laws of this nation, why does it matter what our laws say? If the power of the judiciary isn’t exercised subject to the authority of the federal Constitution, how will changing that Constitution alter the abuse of judicial power?
If we tack a federal marriage amendment on to the Constitution, will our problems be over? Hardly. The problem isn’t that our Constitution is ambiguous or that the laws already in place are unconstitutional. The problem is that judges aren’t faithful to the Constitution, aren’t faithful to their oaths to uphold the Constitution. If judges can disregard the plain text of the Constitution, why do we think that adding more words to it will make a difference?
From what I’ve seen, most of those who support the FMA do so out of respect for the God-ordained institution of marriage. I am certain that, by voicing support for the FMA, they are acting out of the highest regard for the sanctity of marriage and their concern for its protection. However, the FMA is a short-sighted plan. It doesn’t stop the long-term erosion of constitutional law, the administration of justice, and the protection of liberties we have experienced and continue to experience in this country.
What is the solution? It obviously hinges on accountability. Congress must hold federal judges accountable. The President must speak out against judicial tyranny, instead of lauding it’s cohorts and appointing them to the bench. The electorate must choose men for office who will protect the rights of the people and who will work to keep judicial tyrants in check. Congress already has powers granted under the Constitution that would stop much of the judicial abuse we see today: the power to regulate jurisdiction of the courts, the power of the purse, and the power of impeachment and removal from office.
Let’s not create solutions for problems we don’t have. Adding the FMA to the Constitution seems to be the easy way out–until we realize that it’s not really a way out at all.