The judicial branch INTERPRETS the laws. Period. It does NOT MAKE laws and it does NOT ENFORCE laws.
Right now, up to date October 2014, US Courts spends much of the time on a task which is NOT DELEGATED by the Constitution: Hearing cases wherein the constitutionality of a law or regulation is challenged!!! When the Courts exercises Judicial Review, it is acting unconstitutionally.
Thomas Jefferson wrote, in 1823: “At the establishment of our constitution, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.”
The Judiciary branch was created as the weakest branch, controlled by both the Legislative and Executive branches. BUT TODAY, through JUDICIAL REVIEWS, makes the Judiciary master of both the Legislature and Executive, TELLING them both what that may and may not do.
It is the Constitution, not the lower Courts, the US Courts of Appeals or even the Supreme Court, the Supreme Law of this Country!
The Constitution was created by the states and any question as to the meaning of the Constitution is rightly settled by the states and the Judicial Review, per the tenth amendment, is granted to the States respectively, to the People!
WHY I DID THIS INTRODUCTION?
BECAUSE….. I live in Arizona, Republican State, and Arizona’s definition of marriage was established in statute in 1996. The Arizona Court of Appeals in 2003 upheld that definition. Voters amended the Arizona Constitution to include the definition in 2008.
By definition, Arizona (among other 31 states) PROHIBIT same-sex couples from marrying.
AND OUR STATE FATE IN THIS MATTER is in the hands of three judges (but the way, APPOINTED by three Democrat presidents, not ELECTED by our people) from US Court of Appeals for the 9th Circuit in San Francisco (most liberal Circuit in the Country located in the most liberal City in the Country)!!!!!
HOW COME Judge Stephen Reinhardt, Judge Marsha Berzon and Judge Ronald Gould CAN DICTATE OVER OUR CONSTITUTION, OVER OUR DEMOCRATIC VOTES and will TRY TO IMPOSE THEIR WISHES to our people AGAINST CONSTITUTIONAL DUTY, because, based on their preferences, THEY WILL?
WHAT WE HAVE TO DO with cases filed in Hawaii, Idaho and Nevada?
I hope our Arizona State will found the Legal Way to protect Our Democracy, expressed by our VOTES!!!