Spartanburg Herald on H4513
The Spartanburg Herald-Journal announced Tuesday that “the state Legislature doesn’t have the authority to nullify federal law or judicial decisions”, quoting the opinion of University of South Carolina law professor Derek Black exclusively in their article focusing on H4513, the South Carolina Natural Marriage Defense Act.
The bill, that was prefiled last December in the South Carolina State House, would effectively nullify the recent SCOTUS opinion on homosex marriage, requiring governing authorities to enforce the State Constitution and current state laws regarding marriage in South Carolina.
One problem that Black does not address is the fact that there is no federal law governing the legality of homosex marriage – as well as the fact that courts cannot make laws.
So is a Supreme Court decision the ‘law of the land?’ as Professor Black would have us believe? Of course, the answer is “no.” The delegates to the Constitutional Convention limited the “Supreme Laws of the Land” to the Constitution first and subsequent “Laws of the United States made in Pursuance thereof,” (Art. VI, § 2). Court orders are conspicuously absent from the Supremacy Clause. If “all laws which are repugnant to the Constitution are null and void,” (Marbury v. Madison, 5 U.S. 137 (1801) at 176-177), how much more so judicial orders?
The federal judiciary has long built this fiction that they are the sole and final arbiter of what is constitutional or unconstitutional. They base this upon the Supremacy Clause which is Article 6, paragraph 2 of the U. S. Constitution. They claim that Article 6, paragraph 2 grants the Supreme Court supremacy to determine whether laws are constitutional or unconstitutional.
When one actually takes time to read Article 6, paragraph 2, however, they realize that the Supreme Court isn’t even mentioned in the clause. What is mentioned – and is declared to have supremacy – is the U. S. Constitution itself and all laws made in accordance therewith.
In other words, America’s founders did not establish judicial supremacy as the Supreme Court is wont to assert (and thereby usurp all other branches of government) – rather they establishedconstitutional supremacy.
All magistrates in America – whether federal, state, county, or local – did not take an oath of subservience to the federal government nor the federal judiciary. Rather, they took an oath to uphold the U. S. Constitution.
True federalism understands that all magistrates – whatever their level or sphere of jurisdiction – possess lawful authority. And that whenever one branch of government begins to play the tyrant – all other branches (whether federal, state, county, or local) have the duty then more than ever to uphold the Constitution and oppose that branch acting tyrannically – even if that branch is the Supreme Court.
Courts cannot make laws, and when they attempt to, it is the duty of our duly elected officials to interpose on our behalf.
You can read the prefiled version of the bill here.
See the article from the Spartanburg Herald here.