The natural-law philosophy, foundational to the American constitution, is in direct conflict with secular law.
The atheistic-secular philosophy for law identifies with what Solon of Athens described as “government by incalculable and changeable decrees” (Will and Ariel Durant, The Story of Civilization, Vol. II, The Life of Greece, Simon and Schuster, 1939, 118). No ~ a solid basis is necessary for prosperity and the self-government enablements of man, for which the Constitution was written. Secular law leads to political adventurism, exploitation, death and slavery.
Separation of the three branches of government (checks and balances) is vital, but what about the Declaration of Independence pattern for separation from hierarchical rule? This is outlined in the Bill of [citizen] Rights and intended to prevent government servants from perverting established law to grant rights that are harmful to the public. They are also intended to prevent government servants from using the public’s treasury to subsidize slothful citizens and thereby attract an irresponsible voting block.
“Liberty and security in government depend not on the limits, which the rulers may please to assign to the exercise of their own powers, but on the boundaries, within which their powers are circumscribed by the Constitution. With us, the powers of magistrates, call them by whatever name you please, are the grants of the people… The supreme power is in them [the people]; and in them, even when the Constitution is formed, and government is in operation, the supreme power still remains. A portion of their authority they, indeed, delegate; but they delegate that portion in whatever manner, in whatever measure, for whatever time, to whatever persons, and on whatever conditions they choose to fix” (Supreme Court Justice James Wilson, Lectures, 1790-1791).
The limited purpose for judicial independence is to enable judges to settle disputes without being pressured by special interests. When judges establish policies by legislating or administrating, they have seriously violated their jurisdiction and become fascistic. That is, they are overriding and preventing the people as sovereigns whose exclusive authority it is to elect like-minded representatives to do the legislating and serve as administrators.
“The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them” (Thomas Jefferson, Letter to Judge Spencer Roane, March 9, 1821). Upholding the intent and meaning of “certain unalienable [supreme] rights” of the people, outlined in the Declaration of Independence and the Bill of Rights, is indispensable. Laws that protect sodomy, same-sex marriage, abortion, and the privileges of teacher tenure are a violation of essential American principles that protect the public from exposure to unsavory and virulent evil practices. On the other hand, laws that protect a strong, responsible citizen majority are crucial to the survival of self-government and liberty from tyrannical government rule.
As long as judges do not use their independence to twist the meaning of the Constitution and the Bill of Rights to mask an authoritarian secular agenda, the American principles for life and liberty are not impaired or diminished. All citizens, including judges, have the duty to protect the unalienable God-given rights to life and responsible use of liberty for others.
~ David Norris