This whole mess pisses me off. Every one that can make political hay with it is trying. But as usual, speeches are made, sound bites are on every political website and news channel and everybody is missing the real issue. Kim Davis should have been put in jail as she was. Now before you jump on me about it not being a law because the Supreme Court does not have the authority to make laws. Yes you are right. The problem is, nothing has been done to correct that. For two hundred years the Supreme Court has been over stepping its constitutional limits. No one has stopped it. A few on the right may have said before hand that the federal government has no authority on marriage, gay or straight, but most all hoped the Court would rule on their side. I don’t know why they thought they might. They should have never taken the case in the first place. But they did and no one tried to stop them. Therefore, the constitutionality argument has no legs to stand on. The Supreme Court can make laws because those spineless fucking cowards in Washington D.C. let them. They are also letting the President get away with making unconstitutional law. Ironic isn’t it? So Kim Davis has no choice but to do her job or resign on religious grounds. I would have respected her if she did that. As an officer of the government, she does not have the same rights to object as a private citizen. This is not the same as the baker that doesn’t want to bake a cake for a gay couple. The baker is a private business. They should have the right to object. Although the court screwed that up to. Since the law is not supposed to discriminate for any reason, rightfully so, a county clerk not issuing marriage licenses on religious grounds is a violation of the idea of separation of church and state. Her refusal on religious grounds as an official from the government injects a religious view into the government. Yes I know that the term separation of church and state isn’t in the constitution, but the Supreme Court decided it was in 1947 in Everson v. Board of Education of Ewing Township by Justice Hugo Black. Who put his views as a member of the KKK into law. And again, no one stopped it.
I keep saying how no one has tried to stop the Supreme Courts usurpation of power. That is not 100% true. The United States Senate has the power to keep the Supreme Court in check. For the record, the idea of checks and balances isn’t in the constitution either but it is a reasonable explanation of what the founders wanted. As is the separation of church and state. It just came about in a totally ridiculous way. Anyway, the U.S. Senate tried to use their constitutional power to impeach a judge in 1804 but failed. Since then the court has not feared anyone.
One more thing I want to say about this. Those who are saying she should not follow a law because the democrats aren’t following laws, sounds a little childish to me. “You’re not following the law so we aren’t either.” Is that how we want to play this out?
In conclusion, until we have a Senate with the balls to call out the Supreme Court, they have the power to legislate form the bench. I don’t like it anymore than anyone else. I think when we talk about how to fix the government we need to start talking about the Senate and their Constitutional responsibility to impeach Federal Judges. This is such a bigger problem. I recommend reading the book The Politically Incorrect Guide to the Constitution. You can find a link to it on the books I recommend side bar. It is a fascinating look at how the Supreme Court as fucked up this country from about day one.