Now, no matter what Walker thinks about Baker, he has no business disregarding it. As former U.S. Attorney General Edwin Meese III explained in an op-ed for The Washington Post, “Walker’s ruling is indefensible as a matter of law.” The judge also should have weighed the evidence supplied by Proposition 8’s supporters. Instead, we have a judge acting outside the boundaries laid down by the Constitution.
Judges aren’t the only offenders. In the matter of health care reform, lawmakers in Congress are the ones acting as if their power is limitless. Supporters of Obamacare claim they can regulate (i.e., force you into) buying health insurance because the Constitution allows Congress to regulate commerce. Just to be clear: the argument is that your decision not to buy something is commerce. The Supreme Court has ruled repeatedly that the Commerce Clause has limits, and that Congress saying that it’s regulating commerce doesn’t necessarily make it so. Yet some in Congress act as if they can compel a free people to do anything they want.
Enough. It’s easy to see why Constitution Day is so important: We need judges who interpret this vital document as it was written, not as they wish it were written. That’s the only way to ensure it’s around for another two centuries.