Saturday, October 9, 2010

Activist Judges Influence

The Supreme Court Follows the Constitution
Do you believe that the Supreme Court always makes the "right" decisions and tries to follow the original intent of our Founders? WRONG! Over time, the Court has done just the opposite. Unfortunately for all of us, the modern Court is slowly discarding the traditional limitations provided by the Constitution. This is often referred to as "Judicial Activism."

When It Started
For several generations after the country was founded the Supreme Court relied solely on the clear and unambiguous writing in the Constitution regarding our rights and the limitations of government. However, this changed near the end of the 1800s. The early courts strived to protect, encourage, and advance the influence of religion throughout society. (Refer to the book "Original Intent" by David Barton).

The first real evidence of Judicial Activism occurred in 1892. It was the case of the the Church of the Holy Trinity vs the United States. The Court interpreted the law to override States powers. For the first time in over 150 years the Supreme Court assumed power over the States. Prior to this decision, the States had the highest authority in any disputes over issues concerning the Bill of Rights. It allowed the judges to interpret the intent of the legislature rather than follow the text of the statute.

Big Deal You Say?
OK, so you may think that this is not that important. I'll give you four simple examples of where this judicial thinking has lead us today. Here are some Supreme Court Rulings that don't make any sense because of judicial activism:

1. In 1984 it was constitutional to display a creche and depict the origins of Christmas, however in 1989 it became unconstitutional!

2. In 1979 it was constitutional to begin a public meeting with prayers, but in 1992 it became unconstitutional to allow students to hear prayers in a public meeting.

3. It is constitutional to display the Ten Commandments on public property, but in 1980 it was unconstitutional to allow students to see them, or in 1993 to display them in a courthouse.

4. It is constitutional for Congressional Chaplains to pray, but it is unconstitutional for students to read those prayers!

Where is Your Freedom Going?
More and more we see how "activist" judges are changing the world in which we live. Their "interpretations" are NOT the original intent of our Founders. This is the main reason why it is so important to nominate and confirm judges who will follow the Constitution and not Bastardize it. Instead of nominating judges like Elena Kagan who did political favors for Barack Obama, we need to nominate non-partial judges instead.

Action To Take
You should be concerned when there are Supreme Court openings. Follow the nomination process and make YOUR feelings known to your US Senators BEFORE they render their votes. Supreme Justices serve for life and cannot be recalled!!

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