The Constitution was never built so that The U.S. Supreme Court could do the of granting certain rights. This comes after Justice Clarence Thomas spoke on Thursday.
Thomas spoke to the Federalist Society during a dinner in honor of the late Justice Antonin Scalia. Here he talked about the Supreme Court’s decision to make same-sex marriages legal among other things.
“Today it is the view of many that the Supreme Court is the giver of liberties, what an odd conception of governance that We the People are dependent on the third branch of government to grant us our freedom,” Thomas said.
“With such unchecked judicial power, the court day-by-day, case-by-case, is busy designing the Constitution—as Justice Scalia once quipped—instead of interpreting it,” he added.
He also mentioned the Constitution as the leading legal form in the country.
“With such unchecked judicial power, we leave it for the least accountable branch to decide what newly discovered rights should be appended to our Constitution,” Thomas said.
“Whether we in this room tonight ultimately win or lose the effort to reclaim the forms of government that the Framers intended, it is our duty to stand firm in the defense of the Constitutional principles and structure that secure our liberty,” Thomas said.
“Like Justice Scalia, we must do what the Constitution obliges us to do. It is now for us, the living, to be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion,” Thomas said, paraphrasing the words of Lincoln’s Gettysburg Address.
Eugene Meyer, who is the Federalist Society President, addressed the importance of the recent elections regarding the changes they brought.
“On November 8, Hurricane Trump hit. The future can be difficult to predict,” he said.
The vice president at the society, Leonard Leo, has a sit down with Trump and talked about the transition choices for the Supreme Court.
“Any time there’s a major shift in the power of government, it’s an enormous opportunity for what is probably the collection of the smartest, most talented and most publicly minded lawyers in the country to roll up their sleeves and help advance the cause of constitutional government,” he said.