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Supreme Court Monarchy Vs. States’ Rights and the Will of the People

Ancient writings such as the Holy Bible show that most kings and courts gained power from Divine Law, often referred to as Divine Providence. All power, be it legislative, executive or judicial, originates from God, who is, was and will always be the supreme authority. Hence, for centuries, a king was the highest authority in his nation, jurisdiction or kingdom. This concept in Latin is known as “Rex Lex,” meaning the king is law with absolute authority derived from Almighty God, in Hebrew known as El Shaddai (also Jehovah or Yahweh). Is it any wonder to learn that Jesus is called “King of kings?” New Testament scholars may understand why after the Resurrection, Jesus declared to his followers: “All power (or ultimate authority) has been given unto me (by Almighty God) both in Heaven and on earth; go ye therefore and make disciples of all nations, baptizing them in the name of the father (absolute truth), the son (perfect love) and of the Holy Spirit (ultimate power).” God thus delegates all power to Jesus who then gives it to whomever he pleases. I call this truth “the origination of Divine Providence.”

Over 800 hundred years ago, King John in England, after refusing twice to give liberties to his feudal lords and barons, was forced to sign a supreme law (or lex) that would trump the king’s authority, one which even he could not break. It was called, in Latin, ‘The Magna Carta” or “Great Charter.” No one could predict that this document would lay the foundation of democracy for America about 561 years later. History shows that for centuries the kings in England were consolidating land and power from the feudal lords and barons. After King John refused twice their 63 demands, they organized an army to oppose the king, who was forced to sign The Magna Carta on June 15, 1215.

How was this act foundational to our American republic? Among its 63 demands for liberty, three causes are evident. First, despite the greed of the feudal lords and barons to ask mostly for their own selfish desires, it granted freemen the right to own property. This birthed private property rights in that no freeman could be deprived of his life or property without a verdict of his peers or except by the law of the land. This helped to originate “Lex Rex,” an idea that would later form the basis of jurisprudence in the new land known as the United States of America (which were formerly just colonies of England).

Second, it was decreed that, henceforth, justice would no longer be able to be bought, delayed or denied to freemen or their heirs. Up to this time, it was commonplace to hear of justice being sold to the highest bidder or only to the lords, barons and noblemen. Third, while the nobles sought mostly their own selfish interests, they promised limited rights to the freemen under their reign. One of these rights meant that taxes could no longer be levied in England or its territories on freemen without the consent of the barons.

So for centuries, all authority granted to kings, and later their courts, was seen as originating from Almighty God. It is reported that when George Washington was asked if he would be king of the new nation (comprised of the 13 colonies) he declined and said, “No, instead of a monarchy, we will have a republic.”

Do we still have a republic where “Lex Rex” reigns? Is the Constitution still the supreme law of America? Not according to Chief Justice Roberts, who held: This 5-to-4 ruling granting same-sex couples equal rights to marry in all 50 states and all U.S. territories may be seen as a victory “but it has nothing to do with the Constitution” (author’s paraphrase). Just like most legal experts could not predict that the Magna Carta would usher in the beginning of liberty and democracy in England and later in the American colonies, most do not see the grave consequences that this unbelievable 5-to-4 ruling creates. For brevity’s sake, I am employing a question-and-answer methodology as follows.

How does divine law (norms, customs and common law) view marriage?
The oldest story on marriage originates from the first two chapters of the book of Genesis. It could have been hundreds of months, or years, but after Adam finished his work by naming all the fish in the sea, the birds in the air and the species of animals and plants on the earth, God looked at him and said, “It is not good for Adam (man) to be alone, so I will make him a Helpmate (Eve)” (Genesis 2:13). Not only was this the first time God ever said “it is not good,” it is the first divine institution created by Almighty God. (God in the Trinity spoke previously when He created Adam as follows: “Let us (author’s emphasis) make man in our image and likeness.”) The second divine institution created by Almighty God was in the middle of the book of Genesis, which was the church; whereas, the third and last divine institution, the state (government) came forth in its final chapters. From that time until the present, marriage was the most important of God’s three social institutions and it was defined as a holy covenant between one man and one woman. Although the church and the state accepted this covenant for several thousand years as a holy and specific act of God, this changed in America just 800 years and eleven days after the signing of the Magna Carta.

What changed this holy covenant in America and when did it occur?
On June 26, 2015, five of the nine justices on the U.S. Supreme Court ruled that same-sex couples would have the legal right to marry in all 50 states and U.S. territories. This would also afford them all the rights of traditional couples to adopt children, to own property, to share health and pension benefits, etc. What is also unbelievable for some is that the court ordered those 14 states where it was forbidden to grant marriage licenses to same-sex couples to do so, regardless of the 10th and 11th Amendments of the U.S. Constitution.

What does the 10th Amendment of the U.S. Constitution say?
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

What does the 11th Amendment of the U.S. Constitution say?
“The judicial power of the United States shall not be construed to extend to any suit (even the June 26, 2015 ruling?) in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.”

Did the June 26, 2015, ruling put citizens of one or more states against the 14 states and jurisdictions where same-sex marriages were illegal?
Yes, it did in that it required those states, U.S. territories and jurisdictions to accept same-sex marriages as legal where heretofore they were illegal and unaccepted.

Did the five justices who ruled in favor of same-sex marriages violate the Divine Law mandates of marriage being a holy covenant between one man and one woman?
It appears so, yet more importantly, they disregarded “the will of the people” in that it was not put to a vote nationally, as would be done in the election of a U.S. president or vice president. To many, this is unbelievable.

This ruling is unbelievable to many citizens, ministers, priests, bishops, doctors, attorneys, senators, statesmen and leaders. Many argue that states’ rights are preeminent. Some experts assert the 14 states are adversely affected by judicial monarchies. Others say the court has no jurisdiction over Divine Law mandates since it gains its legitimacy to operate from the will of the people and its powers come directly from Divine Law. The proverb “he that bites the hand that feeds him, kisses the foot of her who kicks him” is applicable. To violate the basis of Divine Law is to disregard or nullify the legal power that allows the court to operate. Such acts are unwise or undeclarational since they undermine both the family and the church as God’s first and second institutions.

Did the five justices act unjustly, or did they violate the will of the people in the 14 states where same-sex couples were prohibited from marrying?
They did by forcing the states that opposed same-sex marriages to accept them as if the states and the people therein were “subjects of the king.” I call this mandate a “judicial monarchy” in that it overrules states’ rights and the will of the people therein. When one considers the Constitutional requirements of Article IX in the Bill of Rights it adds greater gravity to this injustice as follows. “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.” How can one give greater rights to one group without restricting or denying them to another? By granting equal rights for health care benefits, retirement, social security, survivor benefits, pensions, adopting children or other spousal rights to a group who previously were not entitled to them will directly or statistically impact the marital group who enjoyed those rights exclusively beforehand. It is not all about equal rights for same-sex couples. It is also, perhaps even moreso, about the rights of one man and one woman to join themselves in holy matrimony because they have a God-given, unalienable right to do so, and to receive the exclusive benefits of that divine covenant.

Are the Supreme Court justices required to uphold, defend, preserve and protect the Constitution (so help them God)?
All nine justices, as well as judges in the federal courts, and all elected federal politicians and officials are required to do so. If Congress finds that a Supreme Court justice, federal judge or elected official violates his or her sacred oath of office, grave consequences may follow. The penalty for violating one’s oath may range from censure, to civil or criminal charges, and may even call for impeachment. When President Bill Clinton was impeached by the House, it was alleged to stem from perjury. He swore “I did not have sex with that woman. . . .”

Does the Constitution explicitly state that a 5-to-4 ruling is sufficient to alter, change, overturn or impose judicial mandates on states or the people?
I find no such citation or wording in the Constitution, the Bill of Rights or the Declaration of Independence. In fact, the Preamble holds that such powers to be governed originate from the people and the “Blessings of Liberty.” Article III, Section 1 states: “The judicial power of the United States, shall be vested in one supreme court and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts shall hold their offices during good behavior, and shall at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.” Likewise, Article III, Section 2, which defines the jurisdiction of federal courts, says nothing about the legitimacy of 5-to-4 rulings, nor does it authorize the courts to rule on abortion, same-sex unions, marriage, euthanasia, religious liberty, civil rights, education, or a host of other issues which the court in recent years has undertaken.

What is the original and appellate jurisdiction of the Supreme Court?
Again, the Constitution does not authorize the courts to legislate or make laws with regard to such issues as abortion, birth control, same-sex unions, euthanasia, marriage, religious liberty, gun control, education or other social issues. It is supposed to stick to interpreting the Constitution, not adding to it, or using what some refer to as “judicial prerogative, or sociological preeminence” to impose their own views, biases, thoughts or beliefs on the Constitution. They are judges of what is right and wrong under the constraints of their authority, and not legislators of social law or equity. In fact, the Courts are subject to the authority of Congress and, as Article III, Section 2, subsection 2 states: “any regulations as the Congress shall make.”

“In order to preserve, protect and safeguard the will of the people, as citizens of a free republic, and not as subjects of judicial monarchs, a new amendment is proposed to reverse 5-to-4 decisions from 1950 to the present, and to require a supermajority of 7 to 2, 8 to 1 or 9 to 0 in future rulings that change major traditions, social laws or practices that have been in place prior to 1950. America is a free republic where the founders never intended to authorize the court to make laws or alter long standing traditions, customs or practices such as prayer in schools, the right of the fetus to be born or one man and one woman to marry. May America forever be a republic of the people, by the people, and for the people so help us God.”

(For more in the Bible on the subject, read Matthew 28:18, 1-20, 21:23; also 9:6-8; 5:21-28, 31-32, 15:9, 16:18 & 7:13-14, 21-23, 28-29; I Peter 1:5, 3:18-22; II Peter 1:3 & 1:1-21; John 1:1-14, 10:10, 14:6, 16:13-15, 20:19-24, 12:48, 14:12 & 6:55-59; Mark 14:36; James 1:22& 2:24; Heb. 1:1-2 & 8:7-9; II Cor. 5:17 & 10:3-5; Colossians 1:18, 1:1-29, 2:8,14 & 3:17; Eph. 2:10, 14-16; II Tim 3:16-17 & 2:15; Philippians 4:6-7; I John 2:1; II John 1:9-11; I Cor. 6:9-10; Genesis 1:1-31 & 12: 1-20; Exodus 3:14, 34:27-28; Zachariah 4:6; Micah 6:8; Jeremiah 1:5; Acts 1:8; Galatians 1:6-9, 11-12, 3:23-28; Romans 1:1-32, 7:6-7 & 16:26.)

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About the Author

Dr. Jonathan Z+ is a psychotherapist, poet and author, the CEO and Health, Education and Wellness Medicine commissioner with the American Council on Excellence, and the founder of the American College of Wellness Doctors.

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