Certainly not to take away from the immense evil that the school system and the mass media have done to society, they are not the primary cause of losing what the Founders gave us.
1. In recent decades, judges- particularly Justices of the Supreme Court- have misused the Constitution, and have written into American law their own ideas of "evolving standards of decency that mark the progress of a maturing society." Chief Justice Earl Warren put that in Trop v. Dulles, in 1958.
2. The unspoken subtext in Warren's words is the view that if the judges' concept of decency differs from all their predecessors, well, then, today's judges must be superior to them because they have "evolved" within their "maturing" society.
a. And, if it happens that the judges' views differ from those of the majority of the electorate, that only shows how much further the judges have evolved, and how superior they really are.
3. Justice Wm. Brennan, Jr 1985 Georgetown speech supported the transformative purpose of the Constitution, in which he argued for an aspiration to social justice, brotherhood, and human dignity
He put aside the Constitution as a guide, "because we cannot discern how the Framers would apply moral-philosophic natural law to modern problems. Brennan denies any static meaning, but looks, instead, for adaptability.
By this, he denies the meaning of the actual words of the Constitution. So, Brennan twists the document to produce what he deems good consequences. By that endeavor the rule of law and not of men becomes impossible.
a. It is the same narcissistic view that allows the current President to change laws passed by the authorized body...Congress.
4. Not all judges are corrupters of our system. For instruction on how the job should be done, we turn to Chief Justice Rehnquist:
"Once we have abandoned the idea that the authority of the courts to declare laws unconstitutional is somehow tied to the language of the Constitution that the people adopted, a judiciary exercising the power of judicial review appears in a
quite different light.
Judges then are no longer the keepers of
the covenant; instead they are a small group of fortunately
situated people with a roving commission to second-guess
Congress, state legislatures, and state and federal administrative
officers concerning what is best for the country." http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No2_Rehnquist.pdf
5. What are the traits that identify those incorrectly raised to the level of 'judge'?
a. Those willing to substitute their views for those of the Founders.
b. Those who make decisions not directly related to the words of the Constitution.
c. Those who hesitate to send back to the states those issues so identified by the Constitution.
d. Those too weak to escape from law school's teaching: the 'case law method.'
1. In recent decades, judges- particularly Justices of the Supreme Court- have misused the Constitution, and have written into American law their own ideas of "evolving standards of decency that mark the progress of a maturing society." Chief Justice Earl Warren put that in Trop v. Dulles, in 1958.
2. The unspoken subtext in Warren's words is the view that if the judges' concept of decency differs from all their predecessors, well, then, today's judges must be superior to them because they have "evolved" within their "maturing" society.
a. And, if it happens that the judges' views differ from those of the majority of the electorate, that only shows how much further the judges have evolved, and how superior they really are.
3. Justice Wm. Brennan, Jr 1985 Georgetown speech supported the transformative purpose of the Constitution, in which he argued for an aspiration to social justice, brotherhood, and human dignity
He put aside the Constitution as a guide, "because we cannot discern how the Framers would apply moral-philosophic natural law to modern problems. Brennan denies any static meaning, but looks, instead, for adaptability.
By this, he denies the meaning of the actual words of the Constitution. So, Brennan twists the document to produce what he deems good consequences. By that endeavor the rule of law and not of men becomes impossible.
a. It is the same narcissistic view that allows the current President to change laws passed by the authorized body...Congress.
4. Not all judges are corrupters of our system. For instruction on how the job should be done, we turn to Chief Justice Rehnquist:
"Once we have abandoned the idea that the authority of the courts to declare laws unconstitutional is somehow tied to the language of the Constitution that the people adopted, a judiciary exercising the power of judicial review appears in a
quite different light.
Judges then are no longer the keepers of
the covenant; instead they are a small group of fortunately
situated people with a roving commission to second-guess
Congress, state legislatures, and state and federal administrative
officers concerning what is best for the country." http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No2_Rehnquist.pdf
5. What are the traits that identify those incorrectly raised to the level of 'judge'?
a. Those willing to substitute their views for those of the Founders.
b. Those who make decisions not directly related to the words of the Constitution.
c. Those who hesitate to send back to the states those issues so identified by the Constitution.
d. Those too weak to escape from law school's teaching: the 'case law method.'
