The U.S. Supreme Court v. the U.S. Constitution
By William J. Dell – September 1992
On the last day of its session the United States Supreme Court handed down another split decision on abortion. This decision re-affirming Roe v. Wade indicated that States have the right to place reasonable restrictions on obtaining an abortion. With this decision, they have once again demonstrated and reaffirmed their 30 year assault on the Christian principles upon which this nation and its Constitution were founded.
Until 1962, the Supreme Court had traditionally recognized that this nation was founded upon Christian principles. Chief Justice John Jay, our first Chief Justice, declared, “Providence has given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest, of a Christian nation to select and prefer Christians for their rulers.” A 1796 ruling, Runkel v. Wiremiller, stated: “By our form of government the Christian religion is the established religion.” The Justices cited 87 precedents to support teaching principles of Christianity in American government. They then indicated that they could have listed many more, but they saw no need. A 1811 ruling, People v. Ruggles, stated: “Whatever strikes at the root of Christianity tends manifestly to the dissolution of civil government.” A 1952 ruling stated that it was “unconstitutional to separate religion and state.”
Then on June 25, 1962, the Supreme Court began it assault against Christianity and the principles held by the Founding Fathers in the Constitution. It was then that the Court in the face of 196 years of legal precedents in Engel v. Vitale, without citing a single precedent, made it unconstitutional to pray in the Public Schools of this nation. A year later in Abington v. Schempp, again without a single precedent cited, they removed Bible reading. Lastly, in 1980 they ruled in Stone v. Gramm even that the presence of the Ten Commandments posted in the schools was unconstitutional.
This sampling of decisions demonstrates how far the Court has strayed from its mandate contained in the Constitution. In doing this they have assisted rather than hindered our national self-destruction and the purposes and intent of the Founding Fathers.
This assault by the “guardians” of our Divinely inspired Constitution is contrary to the First Amendment which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; … The spirit of the Constitution as established by our Founding Fathers was that there would be no state religion other than Christianity. Their concern was that no particular sect would become the State Religion. They had just escaped the tyranny of state religions when they fled Europe to this New World. For this reason they were opposed to Lutheranism, Methodism, Catholicism, or any other sect becoming the State Religion.
Now because the “guardians” have forgotten the spirit of the Constitution and “Constitutional Supremacy”, they by their “Judicial Supremacy” have established Atheism as the State Religion of our great nation. How the Founding Fathers must weep over this usurpation of power by the Justices of the Supreme Court who were to protect the religious liberty of the land.
Now there is a candidate for President who is espousing a very dangerous precedent. Bill Clinton wants to establish a litmus test for prospective Justices to the court. He advocates that no Justice should be appointed unless he will support abortion and continue to sustain Roe v. Wade. This action far exceeds the desires of the Founding Fathers to “bind them down by the chains of the Constitution”. It seeks to bind the prospective Justice with the “CHAINS OF PERSONAL IDEALOGY”.These “guardians” of our Divinely inspired Constitution should be the most conservative body of individuals in the land. They should be individuals steeped in knowledge concerning the writings of the Founding Fathers and those whom they studied. They should be individuals steeped in the Judeo-Christian Ethic which is the basis for most of what was written into our Divinely inspired Constitution.
During the years between 1930 and 1970, a 40 year period, our Presidents have forgotten this and the purpose of our Supreme Court. During this period, Justices were presented to support the President’s views with little interest in their Constitutional understanding. There was little desire to preserve the spirit of our Divinely inspired Constitution. There was only a desire to have personal views sustained.
If a litmus test should be applied to the selection of Justices, it should be the litmus test of the Founding Fathers. A litmus test to determine if the prospective Justice would support “Constitutional Supremacy” over “Judicial Supremacy”. In this regard, we as a nation need to realize that it does NOT take a law degree to understand the Constitution. In fact some of the better Constitutionalists have never been to law school. We as a nation need to require the President to select and the Senate sustain prospective Justices based upon the Justice sustaining both the letter and the spirit of our Divinely inspired Constitution. We, as a nation, need to ensure that personal idealogy is never allowed to again creep into this most conservative of all bodies of government. It is only by this that we can preserve our nation and our way of life to our children and grandchildren.




