Posted by
Logophile on Saturday, October 28, 2006 2:18:03 PM
There are many reasons to dislike the recent decision by New Jersey's Supreme Court, but the most important one is this:
The Constitution does not allow judges the power to dictate to state legislatures what laws they must write.
The Massachusetts legislature caved in when they were ordered to write laws allowing for same-sex marriage. I would really like to see the New Jersey lawmakers defy this court, although I doubt that they will.
If they did, what recourse would the justices have? Would they order the police to the capitol to force the representatives to vote on the laws they have mandated? Would the police take the lawmakers to jail if they refused? What a mess it would be!
If the courts do not return to the limited powers granted them by the Constitution, what I fear we will have anarchy. The various judges are becoming dictators, and dictators tempt people to otherthrow them--often in ways that are not pretty. The elected legislators in our country will eventually resent the usurpation, as will the governors and the president. I would not want to see that happen, and I pray that good sense return before it does.