Common law, uncompromised, protects public education from tyrants of the mind. Displacing Common law that rests with moral absolutes is corrupting the judiciary.
Let’s take a look at 1948: McCollum v. Board of Education, the court decided in favor of McCollum, an Atheist who objected to the religious classes, stating that her son was ostracized for not attending them. McCollum sued the school board, stating that the religious instruction in the public schools violated the Establishment Clause of the First Amendment. The dissenting judge in this case, Stanley F. Reed, pointed out that Thomas Jefferson’s use of the words, “wall of separation,” was used wrongly by the Court to support their decision.
The Court majority gutted the quality of taxpayer-funded education for decades. The inclusion of religion in education advanced by Thomas Jefferson and James Madison and adopted by the University of Virginia, calls attention to judicial imperialism. This is another example of the tragic injustice and violation of the Constitution caused by turning to the Case method for judging an issue, rather than applying the Morality Test of Common law.
On June 17, 1963, in a Baltimore lawsuit brought by avowed atheist Madelyn Murray (later O’Hair), the judges ruled it was unconstitutional for a state to have portions of the Bible recited in schools (despite excusing anyone who wished to be excused), calling this an establishment of religion. Justice Potter Stewart, the lone dissenter, said that the ruling had not led to true neutrality with respect to religion, but led to the establishment of a religion of secularism. This decision also made it clear that prayer was banned.
In June of 1963, the Wall Street Journal commented that atheism was now the one belief to which the State’s power will extend its protection.
~ D. Norris