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You cannot rely or authorize judges on benches to act as popes to legislate beliefs
and endorse some over others..
We rely upon judges for among other things, to rule on the Constitution.
Judges are not legislating anything.
They are overturning unconstitutional laws.
Judges have done this in a myriad of issues- including
Birth Control
Voting rights
Gun rights
Marriage law
The issue of birth control, gun laws, and marriage laws are all constitutional laws and are not under the purview of any branch of the federal government.
Nowhere in the Constitution has voting rights been conferred.
You have very simply stated the truth of the matter. The Federal Government is under the Constitution. Not vice versa.
The Federal government, state governments and all of us are subject to the Constitution.