"H.R. 3313 would prevent unelected, lifetime-appointed Federal judges from striking down the protection for states Congress passed in the Defense of Marriage Act (`DOMA')"(Apparently, this is the actual form in which it is submitted to the house. It is neat to have all this online.)
But to the point: Federal judges are lifetime-appointed, and they are unelected. That's how our system works. Part of the job of Federal judges, a job which they take an oath to fulfil, is to strike down laws that violate the constition.
For

Google Search: separation of powers turned up the following on the first page:
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