Plain and simple. Judgments depend upon a judge’s political opinion of his or her role as a judge and the ideological and political instincts of that judge, thus leading to god-wannabe tyranny.
Quoting John Stuart Mill about the injustice of man-made law, the late Supreme Court Judge Rehnquist wrote, “The disposition of mankind, whether as rulers or as fellow-citizens, to impose their own opinions and inclinations as a rule of conduct on others, is so energetically supported by some of the best and by some of the worst feeling incident to human nature, that it is hardly ever kept under restraint by anything but want of power” (The Supreme Court, William H. Rehnquist, Random House, Inc., New York, p. 277).
Case in point: Higher Authority Common Law and citizen control over local public schools throughout America were effectively replaced by Case Law Appeals decisions by the Supreme Court around 1955. These man-made decisions were forced upon American society by unelected Supreme Court judges with lifetime tenure in Washington, D.C.
President Truman emphasized Higher Authority Common Law Precedent that leads to community harmony and American Exceptionalism. Case Law forced the secularization of behavioral and American history studies in local public schools throughout the nation. The harm from man-made Appeals Court Case Law decisions is both the secularization and that every decision has controlling Precedent potential.
In 1950, President Harry S. Truman, addressing the Attorney General’s Conference on Law Enforcement Problems, emphasized the historic Common Law basis for our laws. President Truman said, “The most important business in this Nation or any other nation, for that matter is raising and training children. I don’t think we put enough stress on the necessity of implanting in the child’s mind the moral code under which we live. The fundamental basis of this Nation’s law was given to Moses on the Mount Sinai. The fundamental basis of our Bill of Rights comes from the teachings which we get from Exodus and Matthew, from Isaiah and Paul. If we don’t have the proper fundamental moral background, we will finally wind up with a totalitarian government which does not believe in rights for anybody except the state.”
Government public education has become a church and state type, a state enforced secular system for making countless numbers of undemocratic Democrats and undemocratic Republicans. American people rejected violations of church and state. It was Bible-believing denominations, Baptists, Presbyterians, Methodists and others, that insisted the First Amendment religion/education freedom be adopted and apply to all religions, NOT JUST THEIR OWN.
Respect in America remains for the rule of law emphasized by President Truman just a few decades ago, not from man but from the Bible. Judges who impose a reversal on the rule of law are called Justices, and they should be because that is their duty. But what are they doing?
Judge Robert H. Bork observed that the courts, 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” (Jeffrey Rosen, “Obstruction of Judges,” New York Times, August 11, 2002).
Sanctuary cities (which shelter dangerous criminals) permitted by Case Law Precedent and government school campuses (that shelter moral pollution) cry out for the return to American Common Law justice. Foundational American principles for government do exist, right?
~ David Norris