Restoring Education Central to American Greatness http://davidanorris.posterous.com David A. Norris Blog posterous.com Tue, 05 Feb 2013 07:28:00 -0800 Part I: Government http://davidanorris.posterous.com/part-i-government-99382 http://davidanorris.posterous.com/part-i-government-99382

American Principle Five

 

Liberty--From Oppression By Big Government

and Nongovernment Authoritarians--Is Vital

 

"unalienable Rights, that among these are … liberty."

Declaration of Independence

 

 

"Liberty and life are the gratuitous gifts of heaven.  I shall certainly be excused from adducing any formal arguments to evince, that life, and whatever is necessary for the safest of life, are the natural rights of man.  Some things are so difficult; others are so plain, that they cannot be proved" (Supreme Court Justice James Wilson, Lectures, delivered in the College of Philadelphia, 1790-1791).

 

Liberty, in the context of the Declaration of Independence and Preamble to the Constitution, means freedom from government activity that would undermine the development of citizen self-reliance.  Not only must those in the judicial branch of government support the meaning and intent of the Constitution for God-honoring education curriculum, the people's money should not be used to buy political advantage.  When politicians continually manage to have welfare payments given to healthy people when jobs remain available, they are promoting a growing block of dependent citizens within the population.  Once reduced to dependence on government, the fiscal and sociological consequences to society become permanent.  These people soon figure out that by electing liberals, they can become work-free.  Helping those who are incapable for reasons beyond their control is, of course, man's duty and beneficial to all.

 

"Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift of God?  That they are not violated but with His wrath?  Indeed I tremble for my country when I reflect that God is just:  that His justice cannot sleep forever" (Thomas Jefferson, Notes on Virginia Q.XVIII, 1782. ME 2:227).  Thomas Jefferson was the principal author of the Declaration of Independence and third President of the United States.

 

The Constitution, starting with We the people, was designed to identify and remove authoritarian cheats from power in government.  Many of those cheats remain unpunished, but, in the recent past, one president of the United States was forced to resign because of dishonest claims.  Another president was required to testify before a citizen grand jury and later found to be guilty of perjury (telling lies under oath) and obstruction of justice, and was impeached by the House of Representatives.  This only works when all men are equal in the sight of God and the law, and when the laws reflect justice.

 

Leaders are important, but leaders must be held accountable to the judgment of the people.

 

 

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Mon, 31 Dec 2012 06:18:00 -0800 Introduction VII http://davidanorris.posterous.com/introduction-vii-78068 http://davidanorris.posterous.com/introduction-vii-78068

There are three achievements of secular progressives that have enabled leftist radicals to control behavioral instruction in public schools (see Chapters 7 and 9).  Their first big achievement came when Supreme Court majorities began to impose mandates for law that rejected the unique God-honoring basis for law advanced by the Magna Carta and the American Declaration of Independence.  When secular mandates by the court for future laws are allowed to stand, the historic absolutes resident in the "rule of law" and moral priorities are no longer binding.  Consequently, our Constitution becomes a mere political document.  The center of power shifted foolishly from the people and Congress subject to the Constitution, to the political preferences of judges.  Among the first of many twists away from our Constitution and the First Amendment was the Everson v. Board of Education decision.  The second achievement of leftist radicals was the takeover, beginning in the 1960s, of the then-conservative National Education Association (see Chapters 7 through 10).  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 competition is removed and evil prevails.  Union monopolies are in diametrical opposition 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 to both the vast majority of parents and the millions of excellent teachers caught in the union web.  Violation of citizen authority (government of, by and for the people) is the radical politics of fascism--authoritarian hierarchical government.

Detailed in Chapter 7, the loss of citizen control over what our nation's youth are taught in the behavioral studies hinges on two teachers' tenure contract paragraphs demanded by union bosses when negotiating with local school boards.  The first devastating paragraph provides teacher tenure guarantees that supersede the authority of school administrators to replace employees.  The second harmful paragraph makes it a crime to disclose bad teacher performance to the public or to other schools that are considering hiring the teacher until costly and lengthy legal proceedings have approved such disclosure.

 

Professionals like medical doctors, engineers, plumbers and airline pilots--vital to our society--do NOT have tenure guarantees.  Yet what is being taught to America's youth is of even greater importance.

Some repetition has been used for emphasis and to tie the chapters together.

 

Benjamin_franklin_4

Benjamin Franklin

Benjamin Franklin, a delegate from Pennsylvania to the second Continental Congress and signer of the Constitution of the United States, wrote about the First Principle in his Articles of Belief:  "I believe there is one supreme, most perfect Being … Also when I stretch my imagination through and beyond our system of planets, beyond the visible fixed stars themselves, into that space that is [in] every way infinite, and conceive it filled with suns like ours, each with a chorus of worlds forever moving around him; then this little ball on which we move, seems, even in my narrow imagination, to be almost nothing, and myself less than nothing, and of no sort of consequence … That I may be preserved from atheism … Help me, O Father! … For all thy innumerable benefits; for life, and reason … My good God, I thank thee!" (Benjamin Franklin, "Articles of Belief," in The American Ideal of 1776, ed. Hamilton Albert Long {Philadelphia: Heritage Books, 1963}, 5).

Is it too late for America?  Not at all.

 

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Sat, 29 Dec 2012 08:25:00 -0800 Introduction VI http://davidanorris.posterous.com/introduction-vi http://davidanorris.posterous.com/introduction-vi

"Sunlight is said to be the best of disinfectants," Justice Brandeis

http://www.law.louisville.edu/library/collections/brandeis/node/196

 

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 be taught about the non-sectarian and impartial  God of creation upon which inalienable rights, citizen self-government and liberty depend.

 

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.  The Supreme Court's ruling in the Everson v. Board of Education decision of 1947 began a dramatic shift away from “In God We Trust.”  See Chapter 6 for details about this Supreme Court ruling.  We review the civic religion adopted by immigrants from around the world in Chapters 1 through 4 and Part IV, Appendix B, Iowa's Bill of Rights, taken in part from the Declaration of Independence.  The strategy for restoring competition in education and choice by the people is outlined in Chapters 11 and 12.

 

The unionization of teachers and accompanying tenure law have enabled a small cadre of radicals to take God out of citizen-funded government schools. Newt Gingrich stated:  “Those who want absolute proof you cannot teach American history honestly and accurately without reference to God, go to the Lincoln Memorial and read where in Lincoln’s second inaugural, March 1865, he referred to God fourteen times and used two quotes from the Bible.”*

 

*http://www.c-spanvideo.org/clip/3597743

 

 

Lincoln_memorial_lincoln_contrasty

Lincoln Memorial Statue

 

 

 

There are millions of honest, hardworking teachers, but they have no more control over the lifeview being taught in the soft sciences than do parents.  An entirely different system for educating American youth is needed that would bypass the leftist teachers' union monopoly.  Funds for education provided by Americans 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.

 

 

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Fri, 16 Nov 2012 09:37:00 -0800 The First Amendment is the Most Important Amendment http://davidanorris.posterous.com/the-first-amendment-is-the-most-important-ame http://davidanorris.posterous.com/the-first-amendment-is-the-most-important-ame

The most important of all the amendments to our Constitution is the First Amendment:  "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

 

In the 1947 Everson v. Board of Education decision, the Supreme Court majority discarded the principle for control of government by law (government limited by laws instituted by citizen sovereigns).  They displaced it with control of government by man (top down authoritarianism).  Quoting Alexander Hamilton:  "Government is frequently and aptly classed under two descriptions, a government of FORCE [changeable decrees by authoritarian man], 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" (Tully Papers, 1794).  These two approaches to governing society have been at war against one another throughout human history.

 

The Everson v. Board of Education decision clearly compromised "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…" The judges altered the Constitution at the core of its meaning.  Power-hungry judges and politicians, along with fellow travelers in education, the media and monopoly union bosses, are now working overtime.  They are leveraging the judge-created right that empowers liberals to impose government establishment monopoly in public education, preventing the competition of ideas by moral religions.  The power to impose false renditions of truth upon  captive government classrooms and poison youthful minds is being used to confuse, marginalize and rule new generations.

 

"For many years psychologists and educators have recognized the processes by which thought and behavioral patterns acquired in youth become the basis for adult motivation.  In modern times thoughtful observers have become progressively aware that moral, social, and political concepts implanted during the time of mental immaturity not only participate in the conduct of later life, but, once acquired, such concepts become dominant and often unalterable in the adult" (Story County Grand Jury, in and for the 11th Judicial District of Iowa, 1969).

 

Firstamendment

 

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Mon, 05 Nov 2012 00:32:00 -0800 Part Nine: Grand Jury Presentment of "Problems in Higher Education" http://davidanorris.posterous.com/part-nine-grand-jury-presentment-of-problems-54938 http://davidanorris.posterous.com/part-nine-grand-jury-presentment-of-problems-54938

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment I

 

The purpose of universities was freedom for competition of ideas in search of truth.  What has happened is the advocates of atheistic-secular totalitarianism applied their art and removed competition from the soft sciences.  When citizen control of universities, college, and now virtually all lower-level public schools was hijacked by faculty independence (teachers union mechanization and teacher tenure guarantees), tyranny was bound to follow.  What we now have is tyranny against the moral fiber of our youth and nation.  This is the inevitable result of [imposing] "German graduate methods [faculty independence] onto American campuses in the late nineteenth century… academic freedom became a cause celebrate."

 

At the time of the Grand Jury study, we did not realize the linkage between the American Association of University Professors (AAUP) and what appears to be their prosecution arm, the leftist American Civil Liberties Union (ACLU). The book Freedom in Iowa, published by the Iowa State University Press, promoted the Iowa Civil Liberties Union, bringing this connection to my attention.

 

Teacher employee contracts, structured according to ACLU definitions for academic freedom and tenure, shift the decision-making authority for removing radical teachers away from the president of the university, who is hired by the public to superintend the institution.  It is now the aggressive tenured faculty, not the president, who have control over who teaches and what is taught.  Instead of being an administrator, the university president works full-time quieting campus disputes, promoting campus expansion, and raising money by lobbying alumni and legislators.  Sensing this kind of environment, the US Supreme Court held in a dispute that professors at Yeshiva University in New York City were managerial [administrators], not employees within the meaning of the National Labor Relations Act, and hence the university administrators were not required to bargain with the union that represented the professors.  The Court noted: "Budget requests prepared by the senior professor in each subject area receive the 'perfunctory' approval of the Dean '99 percent' of the time and have never been rejected by the central administration.  The faculty… effectively determine curriculum, grading systems… matriculation standards" (NLRB v. Yeshiva University, 582 F.2d 686, 1978, affd 444 US 672, 1980).

 

The ACLU/AAUP version of academic freedom and tenure that enables radicals to reject the public standards for what is taught and not taught is not a legal concept.  Without the control of the citizens who established the schools and pay the bills, what is taught is wholly dependent upon the internal culture of the faculty at the universities and the government grade schools.  This problem is systemic.

 

Liberty

 

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Tue, 25 Sep 2012 08:04:26 -0700 A Suggestion For Our Friends In the Judiciary http://davidanorris.posterous.com/a-suggestion-for-our-friends-in-the-judiciary http://davidanorris.posterous.com/a-suggestion-for-our-friends-in-the-judiciary

Looking to the future, at such time as the American people elect Senators and Representatives who are committed to reining in supremacist judges, a plan for "such exceptions," provided for by the Article III, Section 2, should be at hand.  

 

By the authority of Article I, Section 8, of the Constitution, the representatives we elect to Congress "shall have power… to constitute tribunals inferior to the Supreme Court." Article III, Section 1, reads:  "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."  Article III, Section 2, reads:  "The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under the regulations as the Congress shall make."

 

Congress has limited the courts several times in the past.  Provisions in the Constitution were predetermined to aid in doing just that, regulating the balance of power with necessary exceptions.  These should also be the talking points until necessary corrective change is achieved for today.

 

The following exception would be effective.  Any future court decisions reflecting upon the first ten amendments that are not clearly linked to their meaning, as understood prior to 1947, would be classified as a Supreme Court Interim Opinion or some similar designation.  Going back to 1947 is a heavy lift, but it only applies to future court decisions that hinge upon the so foundational basis for "government of laws, and not of men."  Categories of law that are not related to the first ten amendments would be exempt from the Supreme Court Interim Opinion requirement.  If the legislative branch does not pass laws to solve the problem dealt within a Supreme Court Interim Opinion within a specified period of time (for example, three years), the court decision would expire regardless of the ramifications.

 

Adoption of the Supreme Court Interim Opinion requirement by Congress blends with the legislative and judicial separation of powers without undermining judicial independence, and it is consistent with the constitutional system of checks and balances.  Our representatives in Congress would then bear responsibility for treatment of the problem, and the Supreme Court would be shielded from the bleeding of reprehensible engineering imposed by unelected judges.

 

Going back to the 1947 precedent requirement is a logical time for instituting the Interim Opinion requirement.  It was in 1947 that the Supreme Court majority twisted and undermined the citizens' First Amendment protections from government-established authoritarians.

 

Stare decisis is no excuse for preserving court precedents.  Stare decisis is legal talk for an everyday practice that we all follow.  It simply means that once a decision is implemented, it should be supported for a considerable period of time to see if, in fact, it is helping or, at a minimum, not doing harm.  When a law is proven to be harmful, that law should be reversed.  The practice of preserving court precedent was never intended to be a mandate for national suicide.

 

If there is a better approach than instituting a Supreme Court Interim Opinion requirement for restoring sanity to the judiciary, then have that approach be the public goal.  Determining a better approach is the duty of conservative lawyers and judges, who are better situated to frame a solution.  The recommendation needs to be reasonable and would require an ongoing, nationwide sales campaign until it is successful.  This would best be determined by a citizen Congress composed of conservative lawyers, law professors and judges, convened to make recommendations for restoring the rule of law.  The Congress should involve participants from every state, be privately funded, and meet in secret for the same reasons the Constitutional Convention met in secret.  This Congress would compare in importance to the decision-making phase for the judiciary conducted by the Constitutional Convention.

 

Equal-justice-lg-web

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Fri, 21 Sep 2012 09:34:00 -0700 The Supreme Judge http://davidanorris.posterous.com/the-supreme-judge http://davidanorris.posterous.com/the-supreme-judge

The Declaration of Independence, unanimously adopted by Congress, made four specific references to political reliance upon Higher Authority.  This was not done hesitatingly.*

 

~  Higher authority is the resource that feeds the branches of liberty, "the laws of Nature and Nature's God"

~ "That all men are created equal, that they are endowed by their Creator with certain unalienable rights…"

~ "Appealing to the Supreme Judge of the world for the rectitude of our intentions…"

~  "With a firm reliance on the protection of divine Providence…"

 

A liberal judge says we make mistakes, but this discussion is not about mere mistakes.  Liberty-loving Americans need to be blunt about this.  What we are talking about is the colossal error of rejecting the universal and impartial Laws of Nature and creation's God that reversed thousands of years of authoritarian exploitation and human deprivation.  We have a National Day of Prayer.  We have paid chaplains in our Congress and military to emphasize the importance of faith.  When the Supreme Court comes out, the crier yells, "God save America."  This was made even more explicit when in 1954, "One nation under God" was added for the invocation of the Pledge of Allegiance.  It is time to expose the fascistic exclusivity of the pagan religion demanded by liberal-minded judges, educators and politicians.

 

John Adams, a preeminent lawyer and Founding Father had something to say about the Author of liberty.  Benjamin Rush wrote in a letter, "I sat next to John Adams in Congress, and upon my whispering to him and asking him if he thought we should succeed in our struggle with Great Britain, he answered me, 'Yes, if we fear God and repent of our sins.'"**

Goddesslibertywatchingdeclaration-of-independence-signing-300x201

 

*For a review of the harmful laws imposed by unelected judges, see Chapter 6 in Restoring Education Central To American Greatness and "High Courts and Misdemeanors" by R.P. George, at http://touchstonemag.com/archives/print.php?id=17-08-026-f.

**Benjamin Rush, "Letters of Benjamin Rush", L.H. Butterfield, editor (NJ: American Philosophical Society, 1951), Vol. I, 532-536, to John Adams on February 24, 1790 (http://www.partyof1776.net/p1776/issues/Sins/contents.html).>

 

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Thu, 09 Aug 2012 07:23:24 -0700 The Spoils of War http://davidanorris.posterous.com/the-spoils-of-war http://davidanorris.posterous.com/the-spoils-of-war

The byproduct of the extremes in old European secular philosophy, Marxist influence, currently known as "Left Eclecticism," has reached alarming heights in universities, colleges and public grade schools in America.  Roger Kimball is a highly regarded analyst and writer on the subject of Left Eclecticism.  His analysis focuses, in part, on neo-Marxism, which has morphed into structuralism, poststructuralism, Lacanian analysis, deconstruction, women's studies, black studies, gay studies, critical legal studies, new historicism, cultural studies and Afrocentrism.  Marxists have also penetrated liberal seminaries via liberation theology and social action materialism.*

 

On a side note, a very important side note, the power of leftist indoctrination on the minds of law students explains the ignominy of judges that would refuse to ban Marxist doctrine from taxpayer public schools but would ban the reading of the Ten Commandments.  They have made prayer in public schools unlawful and have overturned anti-abortion laws in all fifty states in violation of the Tenth Amendment.

 

Under three presidents, our nation committed itself to stopping the takeover of Vietnam by the Communists in the north.  Over 56,000 Americans died in that war, and the concluding Tet counteroffensive waged by our military was an overwhelming success.  But in those few weeks, we lost the war politically, as a result of leftist propaganda and compliant politicians who would not preserve that victory by helping to fund the South Vietnam military.

 

While most Republican party leaders have resisted moral relativism, the moral tradition of leaders in the Democrat party is being hijacked.  Democrat party leaders in the era of President Harry Truman would never have sanctioned abortion, homosexuality or same sex marriage.  Measured by political scientists since 1992, atheists have become a growing component of the Democrat party leadership.**

 

Legislative majorities in the Democrat party have repeatedly obstructed government by and for the people.  They have applied a leftist litmus test for judge nominees.  They have blocked the people's representatives' right to vote for conservative judge nominees who would support the original meaning of the Constitution.  Liberal extremists only allow a vote on judge nominees who have a history of compromising the Constitution.

 

America's youth can be compared to the casualties of military conquest.  They have become victims of ruinous lifestyles by the millions, and many have actually become troopers in support of leftist political agenda.  What is this victimization by education radicals who are sheltered by tenure law if not robbery, blatant betrayal, and treason?

 

Image_burke-do-nothing

 

*See http://www.nhinet.org/bengtsson14-1.pdf for a review by Jan Olof Bengtson of Kimball's Cultural Criticism.

**Richard N. Ostling, "Americans Important for Democrats," The Tribune (Ames, IA), August 28, 2004, B5.

 

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Mon, 23 Jul 2012 10:48:59 -0700 Teacher Union Contracts http://davidanorris.posterous.com/teacher-union-contracts http://davidanorris.posterous.com/teacher-union-contracts

The Supreme Court's failure to apply the First Amendment for its intended purposes destroyed the perimeters necessary to protect society from morally incompetent teachers.  Statewide laws, enabling tenure guarantees for unqualified teachers, crept silently into legislation for lower-level public schools beginning in the early 1970s.  Only seven states have rejected such laws.  The leftist NEA union advantage of control continues, however, without tenure laws in those seven states.

 

Two paragraphs for teacher contracts demanded by NEA unions are the root of the problem.  These controlling paragraphs may be found in the contract between the NEA union (or its state affiliate) and the local school board or in the state public sector collective bargaining laws.  One paragraph provides teacher tenure, which makes it virtually impossible to fire a teacher.  There is also a confidentiality paragraph, making it a crime for school administrators to disclose the reason(s) for dismissing a teacher without advanced approval--a very costly and lengthy procedure.  If the citizens are not permitted by law to be informed, their political support, so desperately needed by the superintendent in order to fire a bad teacher, is successfully silenced.

 

"Precisely because of the obvious potential for abuse, even labor union advocates like AFL-CIO President George Meany and Franklin D. Roosevelt viewed unionization of the public employees as unthinkable."*

 

In March 2008, harsh debate in the Iowa legislature brought this problem to the public's attention.  Radicals, whose elections were advanced by large sums of campaign money received from outside the state, were pushing for changes in the public sector collective bargaining law.  A section making it even harder to fire harmful teachers caused "grave concerns" among school administrators.  "Margaret Buckton, chief lobbyist for the Iowa Association of School Boards, says [arbitration] adjudicators have tended to rule in favor of the teachers."  As the teachers' bargaining rights law now stands, "Attempts to remove a teacher can last years and cost hundreds of thousand of dollars."**

 

Any force that makes it impossible for the school administrator to be in control and implement the citizen consensus for values is, by definition, fascistic and advances the consequences of fascism.  It was this ever-present threat, and its consequent tyranny of the mind, that prompted elected representatives in the individual states to require that curbs be placed upon government employees via the First Amendment and the federal Constitution.

 

*Peter Brimelow and Leslie Spencer, "How the National Education Association Corrupts Our Public Schools," Forbes magazine, June 7, 1993.

*Dan Gearin, "Schools Concerned with Union Bargaining Bill," The Tribune (Ames, IA), March 27, 2008, B4.

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Tue, 10 Jul 2012 04:22:43 -0700 The Enemy of the Foundation for American Law http://davidanorris.posterous.com/the-enemy-of-the-foundation-for-american-law http://davidanorris.posterous.com/the-enemy-of-the-foundation-for-american-law

Phyllis Schlafly's The Supremacists:  The Tyranny of Judges and How to Stop It, published in 2004, documents scores of devastating decisions that flow directly or indirectly from the exploitation and contrivance of Marbury v. Madison and the Everson v. Board of Education precedents.  The harm is compounded by neglect of the Tenth Amendment, which places the authority over laws with the states, counties and cities according to the will of the local body politic:  "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."*

 

The following is additional documentation from Phyllis Schlafly's book.

 

1945-47 (pages 105-6,155-59,175)  Laws protecting Americans from fraudulent disinformation about Communists working in America were overturned.  This, in large part, has led to the arrogance of radical professors and the radicalization of students starting in the 1960s.  Many of these students are now teaching in lower-level, taxpayer-funded government schools throughout America.

 

1953 (pages 17-34)  Judges make war against public acclaim of God, the Pledge of Allegiance, the Ten Commandments and prayer.

 

1964 (pages76-81) Liberal judges cripple law enforcement.

 

1966 (pages 57-64)  Judges overturn laws prohibiting the marketing of pornography.

 

1973 (pages 65-75)  Judges adopt the radical feminist agenda, requiring all state legislators to accept the legalization of abortion in Roe v. Wade.

 

1985 (pages 92-96)  Judges assume the authority as judges to impose taxes on the public.

 

1993 (pages 35-46)  Judges war against marriage and the family, established and upheld for thousands of years.

 

1999 (pages 47-56)  Judges undermine US sovereignty by paying deference to the agendas and laws of foreign nations, including laws that prohibit capital punishment and give the citizen franchise to felons.

 

2003 (pages 69 and 141)  Liberal judges attack the Boy Scouts and other gender-specific organizations.

 

Resting upon legal precedents reaching back to 1945, the American Civil Liberties Union and leftist teacher union bosses are reaching beyond their control of public education to war against God and American values elsewhere.  For example, the Teachers [Union} Association of California spent $1.25 million in opposition to a Proposition 8 amendment that supported the marriage between one man and one woman.  That $1.25 million came from teachers' union dues.  According to Reg Weaver, outgoing president of the National Education Association, one-third of the NEA union members are Republicans and one-third are Independents.  "Each California teacher pays $922 each year in California Teachers Association dues" (Los Angeles Times, November 18, 2008, cited by the November Education Reporter, St. Louis, Missouri).

 

Stare decisis is no excuse for preserving bad court precedent.  Stare decisis is legal talk for an everyday practice that we all follow.  It simply means that once a decision is implemented, it should be supported for a considerable period of time to see if, in fact, it is helping or, at a minimum, not doing harm.  The practice of preserving court precedent was never intended to be a mandate for national suicide.

 

Judge Robert Bork observed that the courts, and especially the Supreme Court, have become "the enemy of traditional culture," in areas including "speech, religion, abortion, sexuality, welfare, public education and much else."  He continued, "It is not too much to say that the suffocating vulgarity of popular culture is in large measure the work of the Court."**

 

Full

*http://www.campaignforliberty.com/pillars/usconstitution.php

**Jeffrey Rosen, "Obstruction of Judges," The New York Times, August 11, 2002, http://www.nytimes.com/2002/08/11/magazine/11JUDGES.html?pagewanted=all

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Fri, 06 Jul 2012 07:03:37 -0700 Earl Warren Court of 1953-1969 http://davidanorris.posterous.com/earl-warren-court-of-1953-1969 http://davidanorris.posterous.com/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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Mon, 25 Jun 2012 04:36:28 -0700 The Limited Role of Judges http://davidanorris.posterous.com/the-limited-role-of-judges http://davidanorris.posterous.com/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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Fri, 22 Jun 2012 07:37:40 -0700 Exegesis of the Constitution http://davidanorris.posterous.com/exegesis-of-the-constitution http://davidanorris.posterous.com/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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Fri, 15 Jun 2012 06:58:35 -0700 Marbury v. Madison http://davidanorris.posterous.com/marbury-v-madison http://davidanorris.posterous.com/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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Mon, 11 Jun 2012 11:26:00 -0700 The Highest Court is Not the Supreme Authority http://davidanorris.posterous.com/the-highest-court-is-not-the-supreme-authorit http://davidanorris.posterous.com/the-highest-court-is-not-the-supreme-authorit

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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Fri, 08 Jun 2012 19:33:00 -0700 John Adams: A Government of Laws and Not of Men http://davidanorris.posterous.com/john-adams-a-government-of-laws-and-not-of-me http://davidanorris.posterous.com/john-adams-a-government-of-laws-and-not-of-me

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

 

 

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Fri, 06 Apr 2012 08:23:00 -0700 Public Education Shuns Reality http://davidanorris.posterous.com/119743237 http://davidanorris.posterous.com/119743237

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/


Image from: http://lawandict.blogspot.com/2011/02/block-outs-and-black-outs.html

 

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Sat, 31 Dec 2011 11:46:04 -0800 American Principle Three: Upholding the Traditional Family Is Paramount http://davidanorris.posterous.com/american-principle-three-upholding-the-tradit http://davidanorris.posterous.com/american-principle-three-upholding-the-tradit

"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

 

 

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Tue, 29 Nov 2011 21:31:00 -0800 As Justice Brandeis said, “Sunlight is the best disinfectant.” http://davidanorris.posterous.com/as-justice-brandeis-said-sunlight-is-the-best http://davidanorris.posterous.com/as-justice-brandeis-said-sunlight-is-the-best

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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