Once again, the Iowa Family Policy Center, in its continual choral rant against gay marriage, asserts that New Jersey Supreme Court justices have exceeded their power. ("New Jersey Supreme Court usurped power of elected lawmakers," Nov. 4 letter).- Kathy Collins Reilly, Des Moines.
Tsk. Tsk. What we don't teach in school these days.
A reminder: The three branches of government each have their own power. The legislative branch makes laws, the administration enforces laws and the courts interpret the law, including the state's constitution. When a legislative act is at odds with one or more aspects of the Constitution, the constitutional provision prevails.
The New Jersey Supreme Court, in interpreting its own state constitution, concluded that such a provision for equal rights for all citizens trumps a "gays can't get married in N.J." law. That is what those "unelected, unaccountable, black-robed tyrants" are entitled to do.
The writer said this use of the courts is not what the founding fathers had in mind, and it borders on striking "We the People" from the Constitution. Not so. "We the People" still have power - to amend the state constitution.
attribution
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