Ben Shapiro
The farce that is the Supreme Court of the United States has now taken up a new cause: same-sex marriage. To push that cause, the anti-Constitutional members of the Supreme Court prepared to declare that the federal government cannot define marriage for the purpose of federal benefits under the Defense of Marriage Act (DOMA). This is the same Supreme Court that declared last year that the federal government can force individuals to buy health insurance. To simplify, then: The federal government can't define how federal cash gets spent, but it can define how your cash gets spent.

There is no logical principle that undergirds any of this. Little or no legal argument took place at the Supreme Court this week. Justice Elena Kagan instead made a moral argument, stating that it was unthinkable for anyone to consider homosexuality immoral, and adding that morality could not be the basis for law (which should come as a shock to every major political philosopher for the last several millennia). Justice Anthony Kennedy made the argument that marriage has traditionally been the purview of the states, even though he argued just a decade ago that homosexual sodomy could not be regulated by the states based on tradition.

Apparently, the limits on federal power are no longer enshrined in the Constitution. They're arbitrarily enshrined in the heads of the wise men and women (or "wise Latinas," in the words of Justice Sonia Sotomayor) who bring the law from on high.

This is the danger of the Supreme Court being tasked with the exclusive interpretation of the Constitution. The Constitutional system originally relied on the people of the United States standing up for their rights and tossing out anyone who violated them. Now, the Constitution relies on a group of people who couldn't care less about it, and who have been granted life terms to impose their wills on the American people. Forget whether you're pro-same-sex marriage or anti-same-sex marriage. It should frighten you that one branch of government has the power to overrule millions of people's basic moral beliefs simply because they think differently.

And these folks think differently. Ensconced in their cushy perches in the Supreme Court building, the justices while away the hours justifying to themselves how their political proclivities fit into the words of the Constitution. They somehow turn nine states enshrining same-sex marriage into a sweeping movement, and somehow turn a sweeping movement into a Constitutional case for action. They pretend that the founders' words were irrelevant with regard to the Constitution, and that only their Magic 8 Balls of wisdom can divine the true meaning of an eminently clear document.

And we obey.


Ben Shapiro

Ben Shapiro is an attorney, a writer and a Shillman Journalism Fellow at the Freedom Center. He is editor-at-large of Breitbart and author of the best-selling book "Primetime Propaganda: The True Hollywood Story of How the Left Took Over Your TV."
 
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