Your position as I understand is:
Constitution :: Case Law
Torah :: Talmud
Is this correct?
If so, how do you square that with “all legislative powers herein granted...”?
the same way I square the power of the USSC in the constitution. If you want the clerks to defy the court it will be outside the law and this administration will come down on the county or city and open the office themselves and issue the license the way past presidents opened university and school doors after court orders.