News Alert: this is a brief of the new study, The Spirit of Freedom/Definitions and Reality Matter, published December 2015, Heartland Foundation, Inc., P.O. Box 1766, Ames, Iowa 50010. Chartered February 2, 1981, Heartland Foundation, Inc. is a non-profit public service organization.
Moral Faults With Supreme Court Decisions Hit
The Spirit of Freedom/Definitions and Reality Matter publication documents the order in which the series of historical events happened, dates and time that preceded the rapid decline of the community cultural norms and civility in the United States of America. Universal principles for government do exist.
Sanctuary cities permitted by Case Law Precedent which shelter dangerous criminals and government school campuses that shelter moral pollution cry out for the return to American Common Law justice.
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.”
The superiority and universality of the Ten Commandments-based Common Law is validated directly by man’s conscience provided at birth by God. “For the first [now over 340 years] of this country’s history religion and education were intimate and interdependent. Religious competition does stir controversy, but religious freedom enriches rather than impoverishes public policy and the education process” (Edward Scott Gaustad, A Religious History of America,Harper and Row, 1966, p. 372. Gaustad was a professor of history at the University of California, Riverside).
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. Local government schools became a church and state type, a state enforced secular system for making countless numbers of undemocratic Democrats and undemocratic Republicans. The American people had rejected church and state violations. It was Bible-believing denominations, Baptists, Presbyterians, Methodists and others, that insisted the First Amendment religio/education freedom be adopted and apply to all religions, NOT JUST THEIR OWN.
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. Judgments that follow depend upon the judge’s political opinion of his or her role as a judge and the ideological and political instincts of the judge, thus leading to god-wannabe tyranny.
Definitions matter. To employ a leader claiming to be a Christian and expert in Constitutional law, but denying the power thereof, is a direct track to 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).
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. The five judges who have imposed the reversal on the rule of law are called Justices, and they should be because that is their duty. But, what are they doing?
On June 10, 2014, a courageous California Superior Court Judge, Rolf M. Treu, declared that “statutes protecting teacher tenure are hurting students’ chances to succeed.”
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).
The entire “The Spirit of Freedom/Definitions and Reality Matter” report is available free. A brief personal biography can be found here. Facebook page.
David A. Norris, President, Heartland Foundation,