Once again, another state court has forced its state legislature to make law contrary to its state constitution. According to a news report:
TRENTON, N.J. (AP) - Under pressure from New Jersey's highest court to offer marriage or its equivalent to gay couples, the Legislature voted Thursday to make New Jersey the third state to allow civil unions.
This report reflected how the respective state supreme courts have coerced legislatures of Vermont, Massachusetts (by one vote) and now New Jersey (also by one vote) to codify into law what has been regarded historically as "a crime against nature." In fact, the U.S. Supreme Court validated the view that a homosexual act as a criminal act as recently as 1986 in the Bowers vs. Hardwick case.
But why do legislatures bow down to such judicial tyranny. They and respective governors have been given constitutional authority to protect their respective state constitutions from such clear extra-constitutional juridical "opinions." Legislative weakness, both federal and state levels, have allowed such judicial imperialism. Often, legislatures no longer reflect the values of the people nor exercise constitutional and moral leadership, but rather experience political fear and legal handwringing.
Who will stand against judicial hegemony and stand for historically proven constitutional values?
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Overstepping Judiciary
The judiciary of the United States is over stepping constitutional bounds by "clarifying" the constitutions of state governments. The politicians are the ones to change the constitution and redefine it.
But, with the system of accountability the United States has in place, the ones that must check this overstipping are the legislative and executive branches.
Moreover, if they fail, then the people have to unify their voices together and pressure leadership to act in a way that is consistent with the present constitution.
The judicial juggernaut is not unbeatable. This juggernaut's Achille's heal is aforementioned branches of the government and the boisterous voice of unified citizens.
But where are all the unified?
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