Despotism Of An Oligarchy
August 12, 2010 by Bob Livingston
Regardless of where you come down on the gay marriage issue, that a single unelected Federal judge would overrule the wishes of the majority of Californians should frighten you.
Proposition 8 was put on the California ballot in the November 2008 election, five months after the California Supreme Court legalized gay marriage.
Almost 80 percent of the California electorate voted and the measure—which provided that only marriage between a man a woman is valid or recognized in California—passed with 52.24 percent of the vote. It passed by about 600,000 of the 13.4 million votes cast. And it came in an election year that saw Democrat Barack Obama garner 61 percent of the vote, or more than 8.27 million votes in California.
U.S. District Judge Vaughn R. Walker ruled that the gay marriage ban violates the Constitution’s due process and equal protection clauses while failing “to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
As Geopolitical Editor Chip Wood discussed in his article two weeks ago, Don’t Believe This Liberal Lie, the Founding Fathers intended for states to settle their own issues locally. Citizens were free to shape their state’s politics to suit them. If that didn’t work they were free to move to another that better suited them politically.
What has happened is far different, and the Federal courts are becoming the oligarchy Thomas Jefferson warned us about when he said, “[T]o consider the judges as the ultimate arbiters of all constitutional questions… would place us under the despotism of an oligarchy.”
Jefferson also wrote, “The germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.”
Vaughn’s ruling is yet another example of an unaccountable, unelected Federal judge overstepping his authority, advancing as a thief, consolidating all government into one.