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The confederacy was not formed to protect slave owners, how were they to protect the slave owners in the north and border states that still had slaves. Slavery has not been abolished, look at the progressives and liberals today, they still enslave the blacks, just today they enslave them to government dependency
Now that is an outright lie. They did not rule on the Constitutionality of an issue. They even admitted that marriage is not in the Constitution, so by the Amendments to the Constitution, they could not rule on this, as it is an issue reserved to the states. So the only thing they could have looked at, is if the law in question violated a state Constitution. Since they did not do that, they did indeed legislate from the bench
In 1804, Jefferson wrote: “The opinion which gives to the judges the right to decide what laws are constitutional and what 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."
His own view was that: "Nothing in the Constitution has given [the judges] a right to decide for the Executive, more than to the Executive to decide for them. Both magistrates are equally independent in the sphere of action assigned to them."
Later, in retirement in1819, he wrote that: “[T]he Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.
“If this opinion [he wrote in the same 1819 letter] be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation.”
Well, it’s only Jefferson, but he’s entitled to his opinion.