A Righteous Rebellion in North Carolina

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Earlier this month, a bill was introduced in North Carolina that would defy the U. S. Supreme Court regarding same-sex marriage. The bill, HB-780, is sponsored by five state legislators.

A stand by state magistrates of this sort is long overdue. The federal judiciary has been running roughshod over the Constitution for decades now – dispensing immorality and injustice, and impugning the law of God. Yet many wonder – do states have the right to defy the U. S. Supreme Court? They not only have the right to do so, but more importantly, they have the duty to do so.

The Supreme Court has assumed powers never delegated to it by the Constitution.

The Court has also built for itself an odious fiction that says they are the final arbiter of what is constitutional or unconstitutional. Thomas Jefferson repudiated such a notion when judicial supremacy first raised its ugly head by declaring, “The Constitution has erected no such single tribunal.” 

America’s Founders never expected all the other branches of government to bow down to the judiciary and mindlessly accept whatever opinion they issue.

Jefferson stated that each branch of government has “an equal right to decide for itself what is the meaning of the Constitution.” This provided needed checks and balances.

Years later, Andrew Jackson also repudiated the Court’s idea that they possessed supremacy over all other branches of government by stating “Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.”

Every state officeholder in North Carolina took an oath to uphold both their state Constitution and the U. S. Constitution. They did not take an oath of subservience to the federal government. They did not take an oath to uphold immoral and constitutionally-repugnant court opinions issued by the Supreme Court.

The North Carolina Constitution declares that marriage is between a man and woman. The U. S. Constitution gives the federal government no authority to make laws or public policy about marriage – that has always been reserved to the states.

These five legislators are doing right by introducing this bill. They are doing their duty.

Unfortunately, Republican House Speaker Tim Moore is hiding behind the odious fiction. Moore has declared, “There are strong constitutional concerns with this legislation given that the U.S. Supreme Court has firmly ruled on the issue, therefore House Bill 780 will be referred to the House Rules Committee and will not be heard.”

The people of North Carolina need to call Tim Moore to account for furthering the odious fiction. He should not be allowed to hide behind the lie that “The Supreme Court has ruled – all we can do is obey.”

The Constitution nowhere binds the states to a suicide pact with the federal judiciary. America’s Founders did not throw off a monarchy to have it replaced with an oligarchy.

The people of North Carolina need to rally to the five legislators. They are demonstrating the historic Christian doctrine of the lesser magistrates.

The doctrine is founded in Scripture and proven successful in history to rein in the lawless actions of civil authorities. The doctrine simply defined is: When the higher-ranking civil authority makes unjust or immoral laws, policies, or court opinions, the lower-ranking civil authority has both the right and the duty not to obey the higher authority, and if necessary, to actively resist it.

When the federal judiciary began its long march to despotism with the Marbury v. Madison case in 1803, Jefferson warned in a letter to Abigail Adams, “Nothing in the Constitution has given them [the Supreme Court] a right to decide for the Executive, more than the Executive to decide for them. The opinion which gives the judges the right to decide what laws are unconstitutional and what are not, not only for themselves in their own sphere of action, but for the Legislature and Executive also, in their spheres, would make the judiciary a despotic branch.”

There is a wild dog loose and it is the federal judiciary. These five legislators are brave men who understand their oath and their duty and are standing in defiance of its tyranny.

The judiciary is the tyrant. We are under the despotism of an oligarchy. And this lawless authoritarianism of the federal courts must be broken – and it will only be broken by the interposition of the lesser magistrates.

“The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational.”

–dissenting opinion of Roberts, Scalia, and Thomas in the Obergefell case

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Matthew Trewhella is the pastor of Mercy Seat Christian Church, founder of Missionaries to the Preborn, and author of the book The Doctrine of the Lesser Magistrates: A Proper Resistance to Tyranny and A Repudiation of Unlimited Obedience to Civil Government. He and his wife Clara have eleven children and reside in the Milwaukee, Wisconsin area.