At the September 5, 2015 rally in support of Kentucky’s Rowan County Clerk Kim Davis, constitutional attorney Michael Peroutka publicly explained why Davis’s arrest and imprisonment are both unconstitutional.
Peroutka points to the very beginning of the Constitution, and the basis for all laws in the United States. Article 1, Section 1 mandates: “ALL legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” The Framers were quite clear: “ALL” equates to the legislative branch, which alone can make law.
Davis was arrested for breaking “the law.” Yet, none of the thousands of laws in the entire state of Kentucky require any public official, including Kim Davis, to accommodate same-sex marriage. In fact, Kentucky’s laws specify the opposite. Public officials are legally required not to accommodate and not to marry same-sex couples.
In fact, even if Supreme Court Justices were to argue that federal laws supersede state laws, they would be violating the Supremacy Clause of the Constitution. Article 6, Paragraph 2 specifically excludes mentioning the Supreme Court and federal courts as having any supremacy over state laws.
Instead, the only supremacy over any state and federal law is the U. S. Constitution. If rulings and laws violate the Constitution, as has happened numerous times, then the other branches of government are constitutionally obligated to correct those violations.
The Framers knew at any level of government, tyranny would exist. The division of powers among three branches of government was designed to provide checks and balances on each branch, one by the other. No one branch of government can legally implement tyrannical rules without another branch correcting their violations to be Constitutionally compliant. Regardless if a federal, state, county, or local branch acted tyrannically through executive, judicial, or legislative means, the others’ duty would be first and foremost to uphold the Constitution by overriding unconstitutional mandates.
In Kim Davis’s case, the courts have violated her Constitutional rights because courts cannot make laws. Listen to learn more.