You realize the basis of our common law judicial system is judge made law, right? Most of the law we have today is codified common law doctrine. Negligence and contract law are two huge areas developed in successive upper court decisions. Divorce law in most states has a common law basis. Not here in California; we have community property. The Constitution is ripe for interpretation and creating laws. You are afforded “due process.” What the hell is “due process”? Can’t you see? It’s the process that is due. The Supreme Court fashioned a law that said “due process” is notice of the action against you and an opportunity to be heard before a neutral, detached magistrate. Otherwise, the government could say “due process” is a secret tribunal where we determine your real punishment after a speedy show trial before a jury of your peers.
Why do you not understand the basic Federalism of our constitution?
The Fed Gov has no power over issues reserved to the states and the people by the constitution.
And our founding document declares our creator’s natural laws to be the basis of our legal system, not the British common law, which was essentially what the revolution was throwing off. Common law exists at the pleasure of the sovereign.
And there is no provision in our constitution for the SCOTUS to adjudicate the “constitutionality” of any law.
State issues are completely outside of the jurisdiction of the SCOTUS. Marriage is a pure State issue.