But it doesn't change the fact that they are empowered to do the egregious things they have done.
No, they are not.
Oh, no?
How did they do it then?
The people in govt have free will to make decisions, whether they follow laws consistently or not. The DOMA and bans were not perfectly constitutional, but those legislators still used their capacity to write and pass those laws, even though these were ruled unconstitutional. Technically, as with contested mandates in ACA, these conflicts should be resolved BEFORE passing laws, instead of imposing biases that exclude other beliefs which is discrimination by creed and against Constitutional laws.
People run by "inertia" and will do what we want until something stops us. People in govt are no different.
Ideally, govt officials should check themselves, against the Constitution and the Code of Ethics for Govt Service by which partisan interests should NOT come before principle.
But our system is such that people are now using it more and more to push their agenda and wait for the other branches to check or change it.
(Corporate developers and the City of Houston have been getting away with this FOR YEARS because the people affected do not have legal resources to sue to stop them, so they go unchecked!)
I don't agree with this, and believe it is a wasteful abuse of power and resources that ultimately destroys integrity of govt and public trust.
It influences other people not to respect laws and authority, but do whatever we can get away with until the law stops us, which is what criminals do.
If there is a conflict with the law, that should be a sign to govt officials to RESOLVE the conflict FIRST, in order to write or reform the laws to reflect a consensual solution that addresses the objections, not "overrides them politically" as is happening now, left and right.
The driving force is 'consent of the governed" and the will of the people.
That is why people, politicians and parties are doing whatever they can within their capacity to push their agenda through all levels of govt they can reach.
They all want policies that reflect THEIR consent and represent THEIR beliefs.
Which is natural, as long as we include ALL people and beliefs equally in the democratic process.
The problem is we are NOT respecting the process, but abusing politics to bully opposition by coercion or exclusion,
instead of equally including and protecting all views and due process/right to petition for all people as the
Constitutional laws require. So then we rely on Courts or congress or votes/rulings
to "decide conflicts for us" instead of resolving issues directly with each other
where everyone is equally included, represented and protected. People on both sides of issues are abusing
political influence to manipulate and thwart the democratic process to get their way --
NOT what represents all the public as govt is authorized.
Because we the people are NOT following the Constitutional standards of equal protection, right to petition/due process,
and representation/consent of others equally as ourselves, that is why politics and govt have run amok and are no longer bound to represent our consent.
Then we respond by doing more of the same to override the people overriding us, and back and forth.
So that is what is driving it, human free will and desire to make sure our consent or beliefs are represented, but unfortunately at the expense of others where these laws are ignored.