Phyllis Schlafly’s The Supremacists: The Tyranny of Judges and How to Stop It, published in 2004, documents scores of devastating decisions that flow directly or indirectly from the exploitation and contrivance of Marbury v. Madison and the Everson v. Board of Education precedents. The harm is compounded by neglect of the Tenth Amendment, which places the authority over laws with the states, counties and cities according to the will of the local body politic: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The following is additional documentation from Phyllis Schlafly’s book.
1945-47 (pages 105-6,155-59,175) Laws protecting Americans from fraudulent disinformation about Communists working in America were overturned. This, in large part, has led to the arrogance of radical professors and the radicalization of students starting in the 1960s. Many of these students are now teaching in lower-level, taxpayer-funded government schools throughout America.
1953 (pages 17-34) Judges make war against public acclaim of God, the Pledge of Allegiance, the Ten Commandments and prayer.
1964 (pages76-81) Liberal judges cripple law enforcement.
1966 (pages 57-64) Judges overturn laws prohibiting the marketing of pornography.
1973 (pages 65-75) Judges adopt the radical feminist agenda, requiring all state legislators to accept the legalization of abortion in Roe v. Wade.
1985 (pages 92-6) Judges assume the authority as judges to impose taxes on the public.
1993 (pages 35-46) Judges war against marriage and the family, established and upheld for thousands of years.
1999 (pages 47-56) Judges undermine US sovereignty by paying deference to the agendas and laws of foreign nations, including laws that prohibit capital punishment and give the citizen franchise to felons.
2003 (pages 69 and 141) Liberal judges attack the Boy Scouts and other gender-specific organizations.
Resting upon legal precedents reaching back to 1945, the American Civil Liberties Union and leftist teacher union bosses are reaching beyond their control of public education to war against God and American values elsewhere. For example, the Teachers [Union} Association of California spent $1.25 million in opposition to a Proposition 8 amendment that supported the marriage between one man and one woman. That $1.25 million came from teachers’ union dues. According to Reg Weaver, outgoing president of the National Education Association, one-third of the NEA union members are Republicans and one-third are Independents. “Each California teacher pays $922 each year in California Teachers Association dues” (Los Angeles Times, November 18, 2008, cited by the November Education Reporter, St. Louis, Missouri).
Stare decisis is no excuse for preserving bad court precedent. Stare decisis is legal talk for an everyday practice that we all follow. It simply means that once a decision is implemented, it should be supported for a considerable period of time to see if, in fact, it is helping or, at a minimum, not doing harm. The practice of preserving court precedent was never intended to be a mandate for national suicide.
Judge Robert Bork observed that the courts, and 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,” The New York Times, August 11, 2002, http://www.nytimes.com/2002/08/11/magazine/11JUDGES.html?pagewanted=all
~ David Norris