As I wrote a few days ago, recent actions by the federal government are chipping away at our constitutional rights. As serious as that threat has become, there are signs that people are waking up to those rights and how they can be used to stem the tide of tyranny.
The Alabama Supreme Court has been petitioned to consider the damage done to the states and the U.S. Constitution by the Supreme Court’s decision in the Obergefell v. Hodges case that legalized same-sex marriage before it determines how the ruling will apply to Alabama.
The Liberty Counsel filed a brief arguing that there is precedent in the United States for a state Supreme Court to reject a “U.S. Supreme Court mandate which is unlawful.” Alabama has been involved in the marriage fight ever since they defied a federal judge’s order to impose same-sex marriage, arguing that its own interpretation of the Constitution was just as valid.
“There is existing precedent for a state’s highest court to reject an unlawful mandate from the U.S. Supreme Court,” said Liberty Counsel’s founder and chairman, Mat Staver. “The hope of our constitutional Republic rests upon state officials and American citizens who will refuse to allow five, black-robed judges to rob us of our free, representative form of government.”
“A judicial opinion without constitutional basis is not law and should not be followed by any state or citizen,” he said.
The brief noted the actions of the Wisconsin Supreme Court when it refused to follow the U.S. Supreme Court opinion in the Dred Scott case which stated that “blacks were not entitled to full protection as citizens.” Even though the U.S. Supreme Court required the Wisconsin court to comply with their ruling, the state “never filed the mandates” requiring people to return “fugitive saves” to their owners.
Wisconsin prohibited slavery, and the state court defended its rejection of the U.S. Supreme Court ruling by declaring the federal law unconstitutional.
With Progressive Democrats and RINO Republicans calling the shots, a revolution by states and citizens exercising their rights found in the Constitution could be America’s last hope to end the judicial, legislative and executive tyranny coming out of Washington.
A Supreme Court opinion not founded in the Constitution is not a legal judgment.