Filed under: fascism

From Chapter 6, The Defilement of the Judiciary

Definite and specific American principles for law do exist.  Under the influence of these principles, our nation became the overwhelming choice of immigrants throughout the world.  Chief among the foundations of the American philosophy for governing is the belief that man is the beneficiary of unalienable rights which come from God and that are superior to secular claims, governments, and things material.

 

The law given from Sinai [Ten Commandments] was civil and municipal as well as a moral and religious code; it contained many statutes… of universal application--laws essential to the existence of men in society and most of which have been enacted by every nation which ever professed any code of laws" (John Quincy Adams, the sixth president of the United States).*

 

Under the false premise that professors must be independent from the values of taxpayers and parents for determination of the truth to be used in the behavioral and political sciences, leftist union bosses demand that teachers be sheltered from the people by tenure laws.  This violation of government by and for the people has enabled secular militants to take moral law, which makes liberty achievable, out of soft science curriculums.  Consequently small cadres of atheistic teachers bully the good teachers and dumb down American youth.  The all-out war against the nonsectarian God of life, liberty and human decency is clear.

 

Failure of public schools to teach respect for "In God We Trust," along with the self-evident laws of creation's nature, and emphasize the principles of the Declaration of Independence raises a pertinent question:  "How does this classroom strategy differ from that of the Fascists and the Communists?"

 

Our Federalist approach, which divides and limits the authority of the national government, the states, and thirdly, the authority for controlling the policies of local units, such as counties, cities and schools belongs to the people therein.  Central government authority is needed to facilitate harmony between the states in such matters as interstate commerce, transportation, foreign policy, and national defense.  This protects the nation as a whole.  The central government, however, is not to get involved in domestic policy unless there was a trend in a region of the country that threatened the unity and survival of the nation as a whole.  Because needs within individual states, counties and cities differ and are better resolved locally, the right to make such laws belongs to the individual states and local citizens.  Failure of legislators and judges to respect the superior value of local control in domestic matters leads to a citizen-to-government disconnect and the tyranny of centralized authoritarian rule.

 

In his Farewell Address to the nation, President Washington expressed what has proven to be of vital importance:  "If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates.  But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.  The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield."

 

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*Letters of John Quincy Adams to His Son, www.americanchronicle.com/articles/view/48640.>

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Government by Written and Permanent Law: Liberty vs Oppression

"Government is frequently and aptly classed under two descriptions, a government of FORCE [arbitrary and changeable decrees imposed by authoritarians], and a government of LAWS [governments that derive 'their just powers from the consent of the governed']; the first is the definition of despotism--the last Liberty" (Alexander Hamilton, Tully Papers, 1794).

 

In the words of Chief Justice John Roberts:  "Governments in world history have so often abused the power, and people have suffered because of it.  The framers decided they were going to lay down some rules to try to keep that from happening--that's what the Constitution is.  Of all the major written constitutions in history, it is the shortest.  It's not an elaborate code.  They were laying down basic principles that they wanted to endure and it is timeless… our Constitution is different from a lot of others.  Many countries that have constitutions--they're really just political documents."**

 

Corruption is limited when the development of law comes from the people unless, of course, they become estranged from God and the moral certainties of creation's nature.  When this happens the people become vulnerable to exploitation and paternalistic authoritarians.

 

"In questions of power let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."

Thomas Jefferson

 

The American Principles One through Fifteen, Chapter 1, in the Restoring Education Central To American Greatness book that we have listed in previous blogs are changeless, practical and appropriate for government "by written and permanent law."  That "all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

 

George Washington reminded future generations that they cannot neglect the personal responsibility for upholding the moral predicate for law:  "It is easy to foresee, that from different causes and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth ('keep alive the spirit of Liberty'); as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively directed.*

 

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*Chief Justice John Roberts, discussing the role of Constitutional American politics with C-Span host Lamb on August 5, 2006.

**George Washington, Farewell Address, September 17, 1796, in The Writings of George Washington from the Original Manuscript Sources 1745-1799, published by the authority of Congress, ed. John C. Fitzpatrick, vol. 35, 214-38.

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America's Civic Religion in Light of Its Documents

America has a civic religion.  In 1952, Justice William O. Douglas wrote, "We are a religious people and our institutions presuppose a Supreme Being."*  Note that this is different from the personal faith of individuals--their manner of worship, fellowship and practice.  This is civic religion--religion embedded in our government.

 

The natural-law philosophy, our civic religion foundational to the American constitution, is in direct conflict with secular law.  An example of this would be the secular law of open-mindedness required of teachers by Professor John Dewey (John S. Brubacher and Willis Rudy, Higher Education Transition, New York: Harper and Row, 1958, 310).  It blindsides students to the horrific differences between good and evil and causes them to go along with the pagan laws of man contrived by liberal judges, legislators and educators.

 

The Declaration of Independence (1776), the Articles of Confederation (drafted 1777, ratified 1781) and the Constitution (ratified 1788) have been classified as the most important American charters.  Collectively they received a total of 143 signatures from 118 people.  By their affirmations, these individuals represented themselves to be believers in the providence of God, and they did so at the risk of being hung by British soldiers.

 

In a letter from Benjamin Rush to John Adams, Rush says of that fateful day when the Declaration of Independence was signed, "Do you recollect the pensive and awful silence which pervaded the house when we were called up, one after another, to the table of the President of Congress to subscribe what was believed by many at that time to be our own death warrants?  The silence and the gloom of the morning were interrupted, I well recollect, only for a moment by Colonel [Benjamin] Harrison of Virginia, who said to Mr. [Elbridge] Gerry at the table:  'I shall have a great advantage over you, Mr. Gerry, when we are all hung for what we are now doing.  From the size and weight of my body I shall die in a few minutes, but from the lightness of your body you will dance in the air an hour or two before you are dead.'  This speech procured a transient smile, but it was soon succeeded by the solemnity with which the whole business was conducted…"**  Out of the 56 signers of the Declaration, 29 held seminary degrees.***

 

Professor Donald S. Lutz of the University of Houston describes a ten-year study during which he and others assembled the writings and deliberations of the American Founding Fathers.****  The study brought into focus important sources that were used when determining priorities for the American constitution.  Aside from quotations from the Bible, the writings of Montesquieu, Blackstone and Locke were the sources relied upon most by the Founding Fathers.

 

Montesquieu's best-known work was The Spirit of Laws.  He emphasized the importance of separating personnel and duties for the legislative, executive and judicial branches of government.  The purpose of this separation of power was to prevent abuse of the people's rights as sovereigns over government (Isaiah 33:22; Jeremiah 17).  Blackstone emphasized the Law of Nature (man's nature both before and after the fall) and Revealed Law (Scripture).  His Commentaries on the Common Law of England was especially practical for the new nation.  Locke,  born into a Puritan family and son of a lawyer, provided the "Essay Concerning Human Understanding" and two treatises "On Civil Government."  His "life, liberty, or property" phrase is in both the Fifth and Fourteenth Amendments to the Constitution.

 

The chief source for the Founding Fathers' understanding was the Bible.  It was cited three times more often than were these three men combined.  Thirty-four percent of all ideas referred to by the constitutional delegates came directly from the Old and New Testament books.  Furthermore, 60 percent of the references to opinions of Montesquieu, Blackstone and Locke were drawn from the Bible.  The most frequently quoted book was the Old Testament book of Deuteronomy.

 

"The fundamental basis of this Nation's law was given to Moses on the Mount.  The fundamental basis of our Bill of Rights comes from the teachings which we get from Exodus and St. Matthew, from Isaiah and St. Paul.  I don't think we emphasize that enough these days."*****

Harry S. Truman

 

Governments and authoritarians are not the source of man's rights.  Government is but a tool that should be used to protect man's right to worship creation's God.  This impartial Creator of life ordained and established the unalienable human rights outlined in the Declaration of Independence that demand representative governments to follow the rule of established law, not the arbitrary rule of man.  Legislators, administrators and judges who use laws (the power of government) to establish religious, ideological or employee union monopolies are fascistic.****** 

 

 

"The general principles on which the fathers achieved independence were the general principles of Christianity.  I will avow that I then believed, and now believe, that those general principles of Christianity are as eternal and immutable as the existence and attributes of God."*******

John Adams

 

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*Zorach v. Clauson, Docket 431, citation 343 US 306, 1952.

**http://www.constitution.org/primarysources/rushadams.html

***http://rodchaney2012.org/2012/02/11/a-message-from-rod/

****Donald S. Lutz, The Origins of American Constitutionalism (Baton Rouge, LA: Louisiana State University Press, 1988).

*****http://www.presidency.ucsb.edu/ws/?pid=13707#axzz1t9qVQzTQ

******Fascism is a word used to identify the enemies of representative governments and governments limited for the protection of the people's freedom to be informed and to choose.

*******http://christianity.about.com/od/independenceday/a/foundingfathers.htm

 

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Natural Law vs. Secular Law

The natural-law philosophy, foundational to the American constitution, is in direct conflict with secular law.

 

The atheistic-secular philosophy for law identifies with what Solon of Athens described as "government by incalculable and changeable decrees" (Will and Ariel Durant, The Story of Civilization, Vol. II, The Life of Greece, Simon and Schuster, 1939, 118).  No ~ a solid basis is necessary for prosperity and the self-government enablements of man, for which the Constitution was written.  Secular law leads to political adventurism, exploitation, death and slavery.

 

Separation of the three branches of government (checks and balances) is vital, but what about the Declaration of Independence pattern for separation from hierarchical rule?  This is outlined in the Bill of [citizen] Rights and intended to prevent government servants from perverting established law to grant rights that are harmful to the public.  They are also intended to prevent government servants from using the public's treasury to subsidize slothful citizens and thereby attract an irresponsible voting block.  

"Liberty and security in government depend not on the limits, which the rulers may please to assign to the exercise of their own powers, but on the boundaries, within which their powers are circumscribed by the Constitution.  With us, the powers of magistrates, call them by whatever name you please, are the grants of the people…  The supreme power is in them [the people]; and in them, even when the Constitution is formed, and government is in operation, the supreme power still remains.  A portion of their authority they, indeed, delegate; but they delegate that portion in whatever manner, in whatever measure, for whatever time, to whatever persons, and on whatever conditions they choose to fix" (Supreme Court Justice James Wilson, Lectures, 1790-1791).

 

The limited purpose for judicial independence is to enable judges to settle disputes without being pressured by special interests.  When judges establish policies by legislating or administrating, they have seriously violated their jurisdiction and become fascistic.  That is, they are overriding and preventing the people as sovereigns whose exclusive authority it is to elect like-minded representatives to do the legislating and serve as administrators. 

 

"The great object of my fear is the federal judiciary.  That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them."*  Upholding the intent and meaning of "certain unalienable [supreme] rights" of the people, outlined in the Declaration of Independence and the Bill of Rights, is indispensable.  Laws that protect sodomy, same-sex marriage, abortion, and the privileges of teacher tenure are a violation of essential American principles that protect the public from exposure to unsavory and virulent evil practices.  On the other hand, laws that protect a strong, responsible citizen majority are crucial to the survival of self-government and liberty from tyrannical government rule.  

 

As long as judges do not use their independence to twist the meaning of the Constitution and the Bill of Rights to mask an authoritarian secular agenda, the American principles for life and liberty are not impaired or diminished.  All citizens, including judges, have the duty to protect the unalienable God-given rights to life and responsible use of liberty for others.

Judicial-activism

For more information or to purchase Restoring Education Central to American Greatness:

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* (Thomas Jefferson, letter to Judge Spencer Roane, March 9, 1821, www.marksquotes.com/Founding-Fathers/Jefferson/index7.htm)

 

Fascism in American Education

There are three achievements of secular progressives that have enabled leftists to control behavioral instruction in public schools. Their first big achievement was the counterrevolution advanced by secular majorities on the Supreme Court. Leftists’ opposition to American traditions and conventional morality intended by the US Constitution is illustrated by the Everson v. Board of Education decisions. Second was the takeover, beginning in the 1960s, of the then-conservative National Education Association by leftist militants. Also in the 1960s, secular progressives, committed to the elimination of self-government and liberty, reached their third achievement—the unionization of government teachers.

A government-established union monopoly, like an established state church, undermines the people’s right to choose between providers that must compete for a following. Union monopolies have always been power-corrupting institutions. Whatever their agenda by subject or region, accountability to the competition is removed and evil prevails. Union monopolies are antithetical to government of, by, and for the people. It is the collective political power foolishly granted to autoworker unions that brought the American auto industry to its knees. It is the collective political advantage of unionism that makes it possible for radicals to impose their atheistic worldview over the objections of both the majority of parents and the millions of excellent teachers caught in the union web.

There are millions of hardworking teachers, but they have no more control over the lifeview being taught in the soft sciences than do parents. Here’s an idea. An entirely different system for educating American youth is needed that will bypass the leftist teachers’ union monopoly; the education tax must be routed through the parents, similar to the G.I. Bill following World War II. This bill provided that education sought by veterans be paid from taxpayer revenues, and the veterans had the freedom to use the tuition grant in a public or private institution of their choice.

This consistent violation of citizen authority (government by, for, and of the people) is the radical politics of fascism—authoritarian hierarchical government. What is fascism but the politics of authoritarians who by any means prevent the citizens from exercising control over the use of government power through like-minded representatives?

Fascism

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