Filed under: judges

Earl Warren Court of 1953-1969

The harm that has resulted from the activist Earl Warren Court (Supreme Court 1953 - 69) is beyond measure.

 

"On August 7, 1956, the Senate Subcommittee on Internal Security held a hearing on the 'Limitation of Appellate Jurisdiction of the United States Supreme Court' [arising from decisions by the Warren Court] at which Senator William E. Jenner testified:  'There was a time when the Supreme Court conceived its function to be the interpretation of the law.  For some time now, the Supreme Court has been making law--substituting its judgment for the judgment of the legislative branch.  We witness today the spectacle of a Court constantly changing the law, and even changing the meaning of the Constitution, in an apparent determination to make the law of the land what the Court thinks it should be.'  Echoing the testimony of others, Senator Jenner continued:  'The Senate was wrong.  The House of Representatives was wrong.  The Secretary of State was wrong.  The Department of Justice was wrong.  The State legislatures were wrong.  The State courts were wrong.  The prosecutors, both Federal and State, were wrong.  The juries were wrong.  The Federal Bureau of Investigation was wrong.  The Loyalty Review Board was wrong.  The New York Board of Education was wrong.  The California bar examiners were wrong…  The Ohio Committee on Un-American Activities was wrong.  Everybody was wrong except the attorneys for the Communist conspiracy and the majority of the United States Supreme Court.'"*

 

As long as the court fails to restore the First Amendment, intended to prevent, among other things, establishment of government employment guarantees, radical government teachers will continue to rip into the moral fabric of the American mind.  The Ten Commandments, featured on the walls of the US Supreme Court Building, will continue to be found and removed from schools and other public buildings throughout the nation.  Although this is being vigorously protested, American foundations in God-honoring faith were largely absent from the new Visitor Center that has now become a gateway to the Capitol Building in Washington DC.  Even the words "religion and morality" were stripped from the education mandate of the Northwest Ordinance displayed in the Visitor Center.**

 

The war against the Judeo-Christian foundation for American law, self-government and the spirit of liberty extends beyond the censorship of American history and foundational American beliefs from public school textbooks.  No nation, however great, can withstand the politicization of the soft sciences that comes with the establishment of teacher union tenure laws.  "All power tends to corrupt, and absolute power corrupts absolutely."***  Perhaps the greatest damage has been the loss of quality education taught unabashedly by pro-family, pro-life and pro-American teacher majority.  Good teachers simply submit or leave the profession.  The soft sciences in schools saddled by tenure laws are not the only victim.  Student abilities in the hard sciences have suffered.****

 

Judicialactivism

*Phyllis Schlafly, The Supremacists:  The Tyranny of Judges and How to Stop It, Dallas, TX:  Spence Publishing Company, 2004, p. 108.  This highly recommended book may be purchased at http://www.eagleforum.org/psr/2004/june04/psrjune04.html

**http://www.onenewsnow.com/Journal/editorial.aspx?id=315560

***John Dalberg, Letter to Bishop Mandell Creighton, an English historian refuting the dogma of papal infallibility, April 3, 1887.

****http://articles.cnn.com/2009-08-25/us/students.science.math_1_math-and-scienc...:US

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Tighten Up the Language

Let's tighten up the language and clear the air about the basics for public education.  The language of secular open-mindedness along with Darwinian origin and meaning of life have proven to be diabolical enemies of the rule of law.  The underpinning for the rule of law rests in the July 4, 1776 Declaration that gave birth to the United States of America.  All men "… are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, -- That whenever any Form of Government becomes destructive of those ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."  The Declaration of Independence is universal and immortal in scope.  Along with the Declaration, the citizen's Bill of Rights (of which government employees cannot legitimately violate) added later to the Constitution provides the design.  The Constitution is the tool for implementing that design.

 

Appellate court judges need not bow down to atheistic secular legalese.  The impartial non-sectarian Supreme role of a Higher Authority, emphasized in the Declaration, is justifiably appropriate when writing a court opinion.

 

It is needful that we reject the spirit of rebellion and enjoin the spirit of truth that empowers man to storm the strongholds of evil.  It is spiritual wisdom that enabled this nation to become the most blessed civilization in history.  The restoration of spiritual glory--the potential to reassert our culture's values of freedom, education, prosperity and truth--is at hand.

 

Using twisted renderings of the Bill of Rights, leftist lawyers and tenured radicals in education have forced Americans--good teachers, as well as the citizen majority--into submission.  They terrorize by denigrating the reputation of teachers who dare to disagree and endangering the financial solvency of those who must hire expensive lawyers to defend traditional American values.  Secular militants have shut down ideological competition by preventing religious, political and academic freedom on many campuses throughout the nation.  Militants who oppose citizen self-reliance and limited government in America are effectively muting the voices of tens of millions of concerned citizens.

 

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The Limited Role of Judges

The boundaries of authority that limit the role of judges to settling disputes is mandated by the construct of the Constitution.  Chief Justice John Roberts compares the role of the judges with the role of baseball umpires.  Baseball needs umpires to call balls and strikes, but umpires are never allowed to change the rules in the middle of the game.

 

The umpire illustration is consistent with the Federalist Papers.  They were written by Alexander Hamilton, James Madison and John Jay in 1787 and published to encourage the people in the states to ratify the Constitution.  Federalist Paper No. 78 described the judiciary as being the "least dangerous" and "weakest" of the three branches of government because it is the arbitrator of disputes:  "The judiciary… has no influence over either the sword [imposing the penalties advocated by the court] or the purse; no direction either of the strength or the wealth of society, and can take no active resolution whatever.  It may truly be said that to have neither force nor will but merely judgment; and must ultimately depend upon the aid of the executive arm for efficacy of its judgments."*

 

Defensive actions by one branch of government over another (separation of powers) is intended by the Constitution.  On occasion, the court may settle a dispute involving the other branches of government and law-making Representatives of the people may and should intervene and correct the Supreme Court.  Also, the administrative branch may challenge the courts to change a court's mandate.  The American system is "a Republic--a federation, or combination, of central and state republics--under which: the different governments will control each other…  Within each republic there are two safeguarding features: (a) a division of powers, as well as (b) a system of checks and balances between separate departments [including the judiciary]: hence a double security arises [essential] to the rights of the people" (Federalist, No. 51, by James Madison).

 

Chief Justice Marshall in Marbury v. Madison stated:  "This original and supreme will [of the people] organizes the government, and assigns, to different departments, their respective powers.  It may either stop here; or establish certain limits not to be transcended by those departments.  The government of the United States is of the latter description.  The powers of the legislature [as well as the judiciary and the administrative] are defined, and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."**  The Marbury v. Madison decision was simply to settle a dispute.  

 

The original purpose of judicial review established by the Marbury v. Madison decision was certainly NOT to empower judges to become unelected legislators or administrators.


Judicial_umpire-toon-290x201

*http://www.constitution.org/fed/federa78.htm

**http://usa.usembassy.de/etexts/democrac/9.htm

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Exegesis of the Constitution

 

The importance of firmness in retaining the original meaning of the Constitution for judiciary, legislative and administrative separation merits repeated emphasis.  The duty of unelected judges is to settle disputes based upon the Constitution and Precedents consistent with the Constitution.  Responding to the question, "Is there a role for politics in our judicial system?" Atonin Scalia, who has now served for over twenty years on the Supreme Court, said:  "The absolute worst violation of a judge's oath is to decide a case based on a partisan principle or philosophical basis, rather than what the law [states]."*

 

Prior to the Everson v. Board of Education decision in 1947, the First Amendment protected religious liberty.  Liberals going to court to get the Ten Commandments removed from public property would have been wasting their time.  A disruptive student who objects to the statement "Jesus is the reason for the season" on t-shirts in the public school would not have threatened a lawsuit.  The force of government was on the side of the people's civic right to use their institutions, including public education, to proclaim belief in the nonsectarian God of creation.

 

The First Amendment upholds the unalienable right of the people to share their religious beliefs and make comparisons.  With this knowledge they can then choose what appears to be best.  This competition between the religions strengthens the Higher Authority "government of laws, and not of men" consensus among voters.

 

"On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed" (June 12, 1823, Thomas Jefferson, Autobiography Notes on the State of Virginia, Public and Private Papers, Addresses and Letters, New York: The Library of American, 1984).

 

Modern_judge

*V.P. Price "Are There Too Many Lawyers?" Parade, September 14, 2008, 9.

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Everson v. Board of Education

The 1947 Everson v. Board of Education decision was a departure from American legal foundations, striking at the very heart of self-government and liberty.  Within fifteen years, radicals on American campuses were gleefully rejecting and attacking core American belief for law.  Everson v. Board of Education appears to have been by far the most harmful court action taken against individual liberty since the Dred Scott v. Sandford decision ninety years earlier.

 

The Everson v. Board of Education decision twisted the meaning of the First Amendment of the Constitution in two ways.  According to Daniel L. Dreisbach, "First, the phrase emphasizes separation of church and state--unlike the First Amendment, which speaks in terms of non-establishment and free exercise of religion.  Second, a wall [term used by the Court] is a bilateral barrier that inhibits the activities of both civil government and religion--unlike the First Amendment, which imposes restrictions on civil government only [not on religious freedom]."*

 

Thomas Jefferson's "wall of separation" metaphor was totally misrepresented by the judges.  He adamantly objected to any such tyranny against religious liberty.  Engraved on the Jefferson Memorial in Washington, DC are his own words:  "I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man."  He was a religious seeker and regularly attended church services held on Sundays in the United States Capitol building.**

 

Instead of upholding their oath to abide by the Constitution, judges ruled by "incalculable and changeable decrees."  Rule by men replaced government by established law.  The reasoning behind their decision reflects the old European secular doctrine of open-mindedness for dumbing the people down and transforming society.  Instead of being umpires, unelected judges are trampling on the sacred rights of the people by legislating superior rights for the enemies of responsible liberty.

 

First_amend

*Daniel L. Dreisbach, Professor of Justice, Law, and Society at American University in Washington, DC, "How a Misused Metaphor Changed Church-State Law, Policy, and Discourse," essay, Heritage Foundation publication, June 23, 2006, http://www.heritage.org/initiatives/first-principles

**Hutson, Religion and the Founding of the American Republic, 84.

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Marbury v. Madison

The great harm done to America by liberal judges is, in no small part, due to the shameless contrivance and exploitation of the Marbury v. Madison decision.  It was not the intent of the Marbury v. Madison decision to make the court supreme and enable judges to assume the role of the people's representatives and make law.  The court simply settled a dispute as prescribed by the Constitution.  Liberals who believe that unelected judges have the right to originate laws or step in and be administrators in non-court administration matters demonstrate an immoral, supremacist violation of Constitutional separation of powers.

 

Repeating the words of Chief Justice John Marshall:  "The government of the United States has been emphatically termed a government of laws, and not of men… That the people have an original right to establish for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected.  The principles… are deemed fundamental.  And as the authority, from which they proceed, is supreme… they are designed to be permanent."*

 

John Marshall endured the freezing winter at Valley Forge as a soldier in the Third Virginia Regiment in the War for Independence.  He risked his life to enforce the moral absolutes as the predicate for law outlined in the Declaration of Independence.

 

Further proof of Chief Justice Marshall's rejection and avoidance of secular adventurism in Marbury v. Madison is his letter to Jasper Adams, written May 9, 1833, "The American population is entirely Christian, and with us Christianity and Religion are identified.  It would be strange indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it."**

 

A notable perversion of the purpose of judicial review came fifty years later in the Dred Scott v. Sandford opinion.  That decision by the court eliminated any doubt about the appetite of some judges for overtaking the role of the people's representatives elected to establish law.  The Dred Scott v. Sandford decision decreed that African Americans could not be citizens under the Constitution because they were "of an inferior order."  What an egregious violation of the Supreme Court's authority!  President Abraham Lincoln opposed the decision, and it did not stand as precedent for long.  Thank God.

 

Marbury_vs_madison

* http://www.law.cornell.edu/supct/html/historics/USSC_CR_0005_0137_ZO.html

**http://www.errantskeptics.org/FoundingFathers.htm

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The Highest Court is Not the Supreme Authority

Why is it that so many things have gone wrong in the judicial branch of government?

 

Before proceeding, I want to acknowledge and honor the many attorneys and truly fine judges, including conservatives, on the Supreme Court who recognize the limited purpose of government and seek to uphold the people as sovereigns under God over government.

 

The reckless attitude of supremacist judges may stem in part from the use of the term "Supreme" Court when naming the highest court in the United States judiciary.  The Founding Fathers knew that the highest court itself is not the supreme authority.  Proof beyond any doubt can be demonstrated by a factual review of American foundations presented in Restoring Education Central to American Greatness.

 

Dr. Benjamin Franklin's motion for daily prayer at the Constitutional Convention, June 28, 1787, focuses upon the Founding Fathers' beliefs about Supreme Authority:  "In this situation of this Assembly, groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understandings?  In the beginning of the Contest with Great Britain, when we were sensible of danger we had daily prayer in this room for the divine protection.  Our prayers, Sir, were heard, and they were graciously answered…  I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth--that God governs in the affairs of men.  Can an empire rise without his aid?  We have been assured, Sir, in the sacred writings, that 'except the Lord build the House they labor in vain that build it.'  I firmly believe this; and I also believe that without his concurring aid we shall succeed in this political building no better than the Builders of Babel:  We shall be divided by our little partial local interests; our projects will be confounded, and we ourselves shall become a reproach and bye word down to future ages."

 

"I therefore beg leave to move--that henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service."

Dr. Franklin himself seconded a substitute motion by Edmund Jennings Randolph:  "That a sermon be preached at the request of the convention on the 4th of July, the anniversary of Independence; and thenceforward prayers be used in ye Convention every morning."  

Six days later, the entire assembly of delegates worshiped together, with testimonies of praise to God at a nearby church in Philadelphia.*

 

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*http://www.wallbuilders.com/LIBissuesArticles.asp?id=98

 

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John Adams: A Government of Laws and Not of Men

John Adams used the words "government of laws, and not of men" when he wrote the Bill of Rights for the Massachusetts Constitution in 1780.*  The preamble to the Massachusetts Constitution includes:  "We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts."  The Massachusetts Bill of Rights goes on to read like the principles in the non-sectarian Creator-based Declaration of Independence.**

 

In contrast, a government "of men" rests upon revisionist morality, which makes the Constitution meaningless.  Contemporary liberals who reject the God-honoring meaning for "government of laws, and not of men" are aided by militant atheists, who not only reject "government of law," but work feverishly to eliminate all references to God in education and public discourse.  Described by Solon of Athens as "government by incalculable and changeable decrees," the religious justification for revisionist morality is a strongly held belief about life's origin, meaning and purpose:  atheistic Darwinism.***  Sold as absolute science, the demand for education exclusivity is, in reality, the religion of scientific fascism.  Liberals are constantly revising Darwin's theory because the absurdity of their science is continually being exposed.  The underlying cause of the anger and militancy for their demands becomes clear.  They must prevent any ideological competition in the taxpayer-funded classroom.  Secular militants must have total control in order to dumb the students down.

 

Elected representatives make laws and serve by the "consent of the governed," who are "endowed by their Creator" with certain unalienable rights.  This claim reaches the very heart of American society and law.  Conservative Supreme Court justices have cited the Declaration as support for their decisions over two hundred times.  The Federalist Papers, written to promote acceptance of the Constitution by the people, cited the Declaration thirty-seven times.

 

When confronting the greatest crisis since the War for Independence, Abraham Lincoln turned to the Declaration to assert the "sacred right of self-government."****

 

When the Founding Fathers undertook a long war for independence, the did not dither, knowing full well that there were huge problems such as slavery and harmful citizen voting restrictions.  Citizen awareness, prayer and the Declaration of Independence resonates with people and by the grace of God those problems in 1776 were remedied.  With citizen awareness, which we are working on, and prayer, the cancer of socialistic paternalism can be removed.

 

Stuart_adams_john_c1800_15_ngdc

John Adams

2nd President of the United States

1735 - 1826

 

*www2.bartleby.com/73/991.html

**http://www.malegislature.gov/Laws/Constitution#cp00s00.htm

***Will and Ariel Durant, The Story of Civilization, Vol. II, The Life of Greece, Simon and Schuster, 1939, 118. 

****Abraham Lincoln, October 10, 1854, Peoria, Illinois, http://www.nps.gov/liho/historyculture/peoriaspeech.htm

 

 

John Marshall: A Government of Laws and Not of Men

A related cause of judicial incompetence is the foolishness of judges who have closeted the true role of the nation's basis for law--the non-sectarian Biblical principles of the Declaration of Independence.

 

John Marshall wrote the landmark 1803 Marbury v. Madison opinion that inaugurated the concept of judicial review.  He served as chief justice of the Supreme Court from February 4, 1801 to July 4, 1835.  Marshall saw the importance of biblical morality in civic affairs as did the other Founding Fathers.

 

When writing the Marbury v. Madison opinion, Marshall said:  "The government of the United States has been emphatically termed a government of laws, and not of men… That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected.  The principles, therefore, so established, are deemed fundamental.  And as the authority, from which they proceed, is supreme, and can seldom act, they are designed to be permanent."*

 

The meaning and intent of Chief Justice Marshall's statement--"The government of the United States has been emphatically termed a government of laws, and not of men"--is clear.  "The government of laws" is based upon impartial Higher Authority moral law, "and not of men."  The benefit is that "government of laws, and not of men" is anchored in the timeless principles revealed by Scripture and proven beneficial in the American experience.  This stands in contrast to arbitrary rule and oppression that follow governments "of men," meaning rule by privileged authoritarians.  Application of this basic understanding preserves the all-important predicate for the safe and impartial application of government power.  It is the "rule of law," emphasized by Moses, that identifies with the desirable outcomes that prevail over circumstances and diverse cultural environments.

 

The rule or "government of laws" occurs when the voting sovereigns base their preferences for government on the wisdom that is available from the Creator and the self-evident boundaries of creation's nature.  The people then elect like-minded representatives to serve as lawmakers.  In contrast, self-righteous liberals, especially law professors who are given captive audiences (not held accountable to those who pay their salaries), fool people by teaching them that God has no relevance.  Citizens and judges must reject the wisdom of creation's God.  Then hierarchical elites slip into the vacuum as god, and society experiences the tyranny of the rule or "government of man."

 

John Marshall's Higher Authority basis for rejecting the atheistic secular government "of men" also concurs in full with the public standard of Benjamin Franklin whose call for prayer was adopted by the delegates at the Constitutional Convention.  In this regard, Henry Steele Commager, eminent historian of the twentieth century, points to the Creator-based Declaration of Independence as the source of America's unique principles of government, and refers to America's new political system for the vindication of God-given rights as "matchless logic" and of "permanent" rather than "transient" value.**

 

Unabashed belief in the providence of the universal and impartial God of creation, as a political principle, is fully American.  This was the source of the courage of the Founding Fathers when risking confrontation by the greatest military force on earth at the time.  The Higher Authority standard for morality in matters of law is indelibly written in American history:  "The Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions… And for the support of this Declaration [of Independence], with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor."

 

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*http://usa.usembassy.de/etexts/democrac/9.htm

**Henry Steele Commager, forward to McGuffey's Sixth Reader (New York: The American Library, 1962), xiv.

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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."

 

In-god-we-trust-coin1

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

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