The History of the Supreme Court

CBN 700 Club ^ | Jily 10, 2003 | David Barton

[KriegerGeist]

The History of the Supreme Court
By David Barton,
The founder of WallBuilders talks about the Supreme Court, then and now.
Guest of the 700 Club.
July 10, 2003.

The History of the Supreme Court

The Founding Fathers of this nation laid out their elaborate plans for the city of Washington and made no provision for the Supreme Court to have a separate building. As intended by the Founders, the Court met inside the Capitol building for 135 years, first bouncing around from room to room and then finally residing in the vacated Senate chambers. The Founders intended that the Court should not have a major role in shaping the policy of our nation. In the first ten years of its existence, the entire Court term lasted less than two weeks a year; and for the next fifty years, the Court met only six to eight weeks a year.

Contrary to current policy, early sessions of the Supreme Court never saw the practice of public prayer as contrary to the intent of the Constitution. Records show that the Court commenced only after a minister had come into the Courtroom to pray for the Court, jurors, and their deliberations. Communion was often served before the session began, and records even show that early judges would offer a salvation message to those who were sentenced to die. Lawyers would sometimes pray for Justices as part of their arguments in Supreme Court cases. Supreme Court decisions were rendered by the Justices in defense of retaining the Bible as part of official public life.

Early Justices lived lives that exemplified their beliefs. John Jay, the first Chief Justice of the Supreme Court, also served as the President of the American Bible Society. Through his efforts, thousands of Bibles were printed and distributed across America. Other Justices served as officers and encouraged Christianity in the government and public arena. The Founding Fathers had godly requirements for those who served in public office. Noah Webster based those qualifications on Exodus 18:21, to "rule in the fear of God." Chief Justice John Jay declared, "It is the duty, as well as the privilege and interest of our Christian nation, to select and prefer Christian for their rulers."

Branching Out

In 1935 the Supreme Court began to branch out, extending its powers by constructing a separate building. After moving into the new building, they extended the length of the Court’s term from only a few weeks per year to nine months per year. By rendering more and more decisions, they drew more power to themselves.

Americans quickly forgot their founding principles. The Court ignored the American government articulated by George Washington who declared that "the fundamental principle of our Constitution enjoins that the will of the majority shall prevail." By 1947 the Everson v. Board of Education case, which dealt with the First Amendment and the wall of separation of church and state, began to pave the way for the intrusion of the state into religious expressions. In the early '60s, the Earl Warren Court, with little judicial experience on the part of any but one of its Justices, began to make decisions without regard to historical practices. In 1962 the Court took prayer out of public schools; in 1963 they took the Bible out of classrooms; in 1980 they ended the teaching of creation in schools. The court continues to refuse to intervene in important rulings that differ with an overwhelming majority of Americans. For example, 70 percent of Americans approve the posting of the Ten Commandments in the classrooms and courts, and 78 percent support volunteer school prayer, yet the courts refuse to reconsider these cases.

However, despite these and other current rulings, many reminders of our godly heritage are etched in wood and stone throughout the building. Inside are several carvings of the Ten Commandments, including an etching on the upper right side of the Justices’ seats that shows Moses displaying these sacred laws. When seated, the Justices face a marble relief called "The Struggle Between Good and Evil with Good Prevailing."

David says now is a critical time to persevere in prayer for our courts to return to the godly system on which they were founded.

[KriegerGeist]

I wish we could get back to the good old days.

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[CobaltBlue]

The sculptures on the outside and inside of the SCOTUS building include many historical and allegorical figures, including Solon, Hammurabi, Confucius, and other historical law-givers, not just Moses.

No Establishment problem as long as you don't favor one religion over any other.

[f.Christian]

i>The problem is that the govt has also violated the Establishment Clause by embracing atheism as the national religion - another Constitutional violation.

Religion // science NAZIS --- SS evolutionbots !

The Mother of ALL constitutional violations !

[Grand Old Partisan]

Speaking of Supreme Court history, for a while during the Civil War there were 10 Justices. A southern Justice remained on the bench, so not wanting to lose any 5-4 decsions because of a possible rebel sympathizer, the Republican-majority Congress added a tenth Justice. Later, to keep Democrat President Andrew Johnson from naming any Justices, the Republican-majority Congress reduced the number of Justices on the bench from 9 to 8 and then from 8 to 7.

See http://www.republicanbasics.com for more information.

[f.Christian]

The problem is that the govt has also violated the Establishment Clause by embracing atheism as the national religion - another Constitutional violation.

Religion // science NAZIS --- SS evolutionbots !

The Mother of ALL constitutional violations --- ABOMINATIONS !

[foreverfree]

bump

[Eala]

David says now is a critical time to persevere in prayer for our courts to return to the godly system on which they were founded.

It wouldn't be enough. Too many other things are broken.

[You Gotta Be Kidding Me]

The Third Ammendment to the US Constitution not only allows for, but requires the President of the United States to imprison Supreme Court justices at Guantanamo Bay, Cuba for indefinate periods at the President's discresion.

Heh, as long as the "interpretation game" is being played, why not have the President play it, too? Put the fear of God back into these black-robed bastards.

[justshutupandtakeit]

This is a superficial article which implies some things that are not true. Only in a Democracy, not a representative republic, would the will of the majority prevail. If the will of the majority is opposed to the Court's rulings it matters not until 3/4s of the states amend the constitutional basis for those rulings. Only a Super Majority matters and even then, only after the constitution is amended to reflect that opinion.

The founders hardly meant for the Court to be some tagalong third wheel. It is a Separate BUT Equal branch of government designed to play a role on equal terms with the other two.

Nor is complaining about the Court's rulings anything new. John Marshall almost drove Jefferson over the edge with his rulings. J. tried to remove Justice Chase and might have succeded but for Aaron Burr (of all people) actually holding a trial rather than a Kangaroo Court (as J wanted.) He was impeached but not found guilty.

Then the Fugitive Slave rulings and Dred Scott decisions infuriated almost all but the Slavers because of their blatant ignoring of the Constititution.

Getting P.O.ed at the Court is an old American tradition.

[CGVet58]

bump read later

[You Gotta Be Kidding Me]

"Getting P.O.ed at the Court is an old American tradition."

Getting RID of the Court needs to become a new American tradition. If swallowing the crap squatted out by this 9-member Judicial Junta is your idea of a constitutional republic, then you need to study history a tad more.

[theDentist]

The Third Ammendment to the US Constitution not only allows for, but requires the President of the United States to imprison Supreme Court justices at Guantanamo Bay, Cuba for indefinate periods at the President's discresion.

Are you drunk?

AMENDMENT III:
No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by laws.

[exmarine]

David Barton is a good egg.

[You Gotta Be Kidding Me]

Are you drunk? AMENDMENT III: No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by laws.

I know damned well what the Third Ammendment says. I also have the balls to "reinterpret" it to mean "get rid of the black-robed bastards" who dispense their bull#$%% "rulings" and "reinterpret" the rest of the Constitution. Too bad Dubya doesn't, as well.

[exmarine]

No Establishment problem as long as you don't favor one religion over any other.

Fine, then write a letter to SCOTUS demanding that they put a stop to the govt. endorsement of atheism.

I might add that the founders were concerned with A FEDERAL STATE religion, and the thrust of the 1st Amendment was concerned with DENOMINATIONS (Christian), not religions in general.

[justshutupandtakeit]

All I need do is read the Constitution, which apparently you haven't, and that tells me the Court is part of the Republic.

No ruling the present court has made (and it has made some bad ones) comes any where close to the Dred Scott abomination at any rate.

Since Congress still has the power to control the Court under the "Exceptions Clause" it can overturn its rulings but has always been too cowardly to do so. The Court makes a convenient whipping Boy for the politicians.

[exmarine]

If the will of the majority is opposed to the Court's rulings it matters not until 3/4s of the states amend the constitutional basis for those rulings. Only a Super Majority matters and even then, only after the constitution is amended to reflect that opinion.

Well, if you want to get super-legalistic about it, then you can explain by what Constitutional authority the courts are legislating and making laws (e.g. forced busing, sodomy ok, etc.), since only CONGRESS has this authority. And you can also explain where in the Founder's writings we can find the "wall of separation" doctrine - I've studied it and strange as it is, I can't find it anywhere.

[exmarine]

You are right about the Exceptions Clause. I wrote my Rep. a letter demanding action under this authority. If the present Congress does not act, I will no longer vote Republican since they are ignoring their legal and moral duty under the oaths they swore. That goes for Bush too - he actually came out IN FAVOR of that horrid ruling on Michigan race preferences. Bush's lustre is wearing off very fast for me.

[theDentist]

Hillary, up your dosage.