When one man, Justice Anthony Kennedy, acting as the deciding swing vote on the Supreme Court, declared that “gay marriage” was now the law of land for a country of some 320 million persons, he may as well have been seated on a planet other than the one originally occupied by the men who wrote the Constitution. Note that the new nation was titled “United” and not “Uniform” States of America. That wasn’t a slip of the pen. America was never intended to be culturally and politically homogenous from sea to shining sea, though we hadn’t quite gotten there as yet. But here we are today, rolled flat by the wheels of the federal Juggernaut with nary a peep of protest by our local, state and federal representatives or executives......
When the Constitution was written and for a long time thereafter, many doubted that the Court had the authority to interpret the Constitution at all — in other words, they believed that the Court had no power of “judicial review.”Read more
Alexander Hamilton, in Federalist78, made the classic argument that, given a written constitution established by the sovereign people, the Court had no choice but to maintain the supremacy of the people’s Constitution when it was alleged to be in conflict with an ordinary law passed by their representatives. --“The Myth of Judicial Supremacy” Paul Moreno National Review June 26, 2015
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