Filed under: Supreme Court

Part I: Government

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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Introduction VII

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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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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The First Amendment is the Most Important Amendment

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).

 

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Part Nine: Grand Jury Presentment of "Problems in Higher Education"

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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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.

 

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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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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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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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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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