Popular mythology holds that the only way to curtail the reckless adventurism of the Supreme Court and the rest of the federal judiciary is to amend the Constitution to undo bad decisions and to prevent the courts from making new ones. The myth ignores the founders' foresight, which provided a remedy, short of a constitutional amendment, to rein in a runaway judiciary. It is found in Article III, Section 2.
A most stunning and timely illustration of the misunderstandings surrounding this popular myth is the effort to amend the Constitution for the purpose of preventing the federal judiciary from declaring homosexual "marriages" to be constitutionally protected. Senate Joint Resolution 40, sponsored by Senator Wayne Allard (R-Colo.), would propose such an amendment to the Constitution. It is two sentences in length. The first one provides that marriage constitutes "a legal union between one man and one woman." The second declares that "neither this Constitution, nor the constitution of any state, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."
Speaking in support of S. J. Res. 40, President Bush declared: "A constitutional amendment should never be undertaken lightly, yet to defend marriage, our nation has no other choice." Mr. Bush is of course correct in saying that "a constitutional amendment should never be undertaken lightly," but is wrong in saying that our "nation has no other choice" and wrong in portraying S. J. Res. 40 as a workable solution.
To take effect, a constitutional amendment must be passed by both the House and the Senate by a two-thirds majority vote, and then ratified by three-fourths (38) of the states. Ratification is a lengthy, tedious process. The Founding Fathers purposely made amending the Constitution much more difficult than enacting legislation. They did not want the Constitution to be easily changed, and they wanted to allow time for careful thought and deliberation. Thus, even if the marriage amendment were the correct solution to the same-sex "marriage" …