Filed under: Supreme Court

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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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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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.*

 

Supreme_court

*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

 

 

Public Education Shuns Reality

The secularization of education discriminates against students.  The idea of the Ten Commandments as a basis for personal decision-making is fully substantiated by beneficial outcomes.  Without that moral compass, our nation's youth are left in the dark and under the CONTROL of destructive thinking.  They are not given the knowledge for healthy families, fiscal common sense and national prosperity.  When taxpayers figure this out, marginalization by teacher union bosses and teacher tenure will be exposed.  This will open things up and give parents, along with 95% of the teachers (who are in agreement with the citizen majority), the freedom to install religious diversity back as a source of knowledge.

 

This struggle within our education system is not a debate between science and religion, but between religion and religion, atheism and theism.  Science is simply the sphere in which the debate is taking place.

 

Dr. Michael Ruse, a leading evolutionist and authority on philosophy, points out in his recently published book The Evolution-Creation Struggle that the "theory of evolution is, in fact, religion."*  Dr. Ruse also writes:  "Evolution is promoted by its practitioners as more than mere science.  Evolution is an ideology, a secular religion, a full-fledged alternative to Christianity with meaning and morality.  Evolution is a religion.  This was true of evolution in the beginning and is true of evolution today."

 

The change in American culture since the 1947 Supreme Court decision in Everson v. Board of Education, teacher unionization, and tenure law has led to a colossal increase in family breakdown, abortion, homosexuality, use of addictive drugs, and burgeoning needs for hospital and prison space.  Universities and colleges dominated by the old European secular philosophy have become havens for alcoholism and dorm cohabitation by unmarried students.  Some state universities have a department of religion dominated by atheists who serve as a campus mafia to destroy the academic standing of any faculty member who dares to suggest that there is such an alternative to Charles Darwin's Origin of the Species as intelligent design or a God of creation.

 

"The first national study of four common sexually transmitted diseases among girls and young women has found that one in four [is] infected with at least one of the diseases, US health officials reported Tuesday" (Laurence K. Altman, The New York Times, Tuesday, Mark 11, 2008).  One in four US teenage girls have STDs.  The diseases, which are infections caused by bacteria, viruses and parasites, can produce acute symptoms … and potentially fatal entropic pregnancy … and cervical cancer."**

 

In 2010, according to Pam Stenzel, a leading lecturer to young people regarding sexual abstinence, teenage girls in America today are carrying, on average, 2.3 sexually transmitted diseases.  In one 24 hour period, 12,000 teens contract a sexually transmitted disease.***  In the 1950s there were five known sexually transmitted diseases.  They could be treated with antibiotics.  Today, there are over thirty sexually transmitted diseases and thirty percent of them are absolutely incurable.  Among the possible disastrous results are a lifelong necessity of treatment as well as sterility, infertility, radical hysterectomy, cervical cancer and death.****

 

"One of every 100 adults are in jail or prison, according to a new report documenting America's rank as the world's No. 1 incarcerator," states a report from a new study by the nonpartisan Pew Center on the States.  With more than 2.3 million people behind bars, the United States leads the world in both the number and percentage of residents it incarcerates" (David Crary, New York Associated Press, February 28, 2008).

 

These are merely symptoms of the consequences of the courts' detachment from written and permanent law.  Far greater damage is the hidden loss to the soul of American youth.  Is it any wonder that studies show a significantly higher percentage of public school teachers send their children to private schools than non-teacher parents" (George Archibald, The Washington Times, September 22, 2004)?


Govt-censorship

 

 

*Dr. Michael Ruse, The Evolution-Creation Struggle, (Cambridge: Harvard University Press, 2005), 327.

**Lawrence K. Altman, "One In Four US Teenage Girls Have STD's, Study Finds," International Herald Tribune, March 12, 2008.

***Pam Stenzel, http://pamstenzel.com/

****Pam Stenzel, http://pamstenzel.com/


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American Principle Three: Upholding the Traditional Family Is Paramount

"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."

Declaration of Independence

 

Protecting the traditional family as a distinct institution is among the highest priorities for a nation's laws.  This historic arrangement has proven overwhelmingly to be the best setting for raising children to live healthy, responsible and productive lives (Genesis 2:23-24).

 

"That government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, and generally of pursuing and obtaining happiness and safety" (James Madison in the first session of the US Congress, proposing the Bill of Rights amendments be added to the Constitution of the United States).

James_madison

James Madison

1751-1836

Fourth President of the United States,

key author of the Constitution and the Bill of Rights

 

 

"The most important consequence of marriage is, that the husband and wife become in law only one person" (James Wilson, Natural Rights of Marriage, 1792, teachingamericanhistory.org).

James_wilson

James Wilson

1742-1798

Signer of the Declaration of Independence, twice member of the

Continental Congress, one of six original Supreme Court justices

appointed by George Washington

 

 

As Justice Brandeis said, “Sunlight is the best disinfectant.”

The American states did not become united until the constitutional delegates agreed to amendments that were specific about religious and educational freedom from government and nongovernment dictation.  The first ten amendments included the codification of the principles outlined in the Declaration of Independence (separation from authoritarian rule).  Far from being secular, all aspects of human endeavor, including government, fall under the purview of creation’s God.  The value system for determining the proper role of laws and the use of government power is clear.  We ought to obey God rather than men (Acts 5:29).  Adoption of this morally-specific, nonsectarian, God-honoring predicate has served as a marvelous unifier for our diverse immigrant nation.

Congress-large1

We no longer have public education.  In the behavioral and political sciences it has become government education comparable to the monopoly state doctrine that decimated Medieval Europe.

The secular militants claim to be patriots because, as they say, dissent is American.  What they mean is evident from how they have gutted traditional American values in public education.  They demand freedom for themselves but reject the American concept of academic freedom (the freedom to be honestly informed) and the freedom of others to make their own choices.  The soft underbelly of the secular left is the fact that they cannot withstand the competition of ideas.  For them, it is intolerable to allow students to learn of the God of creation alongside their atheistic lifeview.

An elaboration of “In God We Trust” is found in Proverbs 3:5-6:  “Trust in the LORD with all thine heart; and lean not unto thine own understanding.  In all thy ways acknowledge him, and he shall direct thy paths.”

The “In God We Trust” worldview has been the foundation for public education, beginning in the original thirteen colonies and continuing for over 250 years.  Tragically, the Supreme Court ruling in the Everson v. Board of Education decision of 1947 began a dramatic shift away from “In God We Trust.” 

Stay tuned for more discussion about socialism, civic religion and a strategy for restoring competition in education and choice by the people …

 

 

 

 

 

 

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