Is the Constitution Weaker because of Judicial Decisions?

In a recent post on the Sutherland Institute blog Paul Mero shares his concern that our Constitution is weakening using federalism to support his concern. I would recommend reading this article before you read my comment…Link

He uses recent Supreme Court decisions as his example and there we find his real goal.

Gay Marriage is destroying the constitution… this seems like an effort to connect Mormon prophecy of the Constitution hanging by a thread (right before Mormons save it) with prophecy of gay marriage destroying society. Thus making it possible to blame gays for everything. The constitution was a document created to set out the order of government in the United States and provide checks and balances of power.(not through virtue) It has the organization of our government laid out in a way to protect the power of “we the people.” Soon after its acceptance a bill of rights was added as amendments to the constitution. This was to protect us from abuse of our personal freedoms by the federal government. These changes to the constitution protect religion and free speech among many other important freedoms. Later it became clear that we didn’t see everyone as equal and further amendments were needed to free blacks from slavery. A war was fraught not solely for slavery but for power. Federalism died a little with the south. The power of federalism many times is used to deny freedoms to select groups of citizens in the united states. The 14th amendment was written to allow the federal government to use compulsory means to protect the individual freedoms of citizens from a state or local government. Federalism when used to protect the actions of a local government to promote one class of citizen over another is wrong and should be ended. If our constitution was never changed then we would have no freedom of speech or religion, that is why they are amendments. Now the supreme court has power to define something as constitutional or not, a power given them by the constitution.”The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.” Constitution weaker because of supreme court decisions… no I would say it is more powerful as the supreme court protects us from government action that inhibits our rights.


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