Posted on 12/05/2012 10:55:04 AM PST by kaehurowing
To begin with, FDR's activist justices weakened our religious freedoms in the early 1940s by wrongly ignoring the 10th Amendment in diverse cases which not only tested the limits of Congress's Section 8-limited powers, but also the scope of our 1A protected rights. Although renegade justices wrongly swept 10A under the carpet primarily to give the green light to constitutionally indefensible New Deal federal spending programs inspired by FDR imo, they also wrongly limited the scope of our 1A protected religious freedoms.
More specifically, justices misrepresented Thomas Jefferson's stance on church and state separation. This is evidenced by the following excerpt from Jefferson's writings where Jefferson had noted that the following. Jefferson had indicated that the Founding States had made the 1st and 10th Amendments in part to reserve government power to regulate our 1A protected rights to the states regardless that the Founders had made the 1st Amendment to prohibit such powers entirely to Congress; our 1A rights were not intended to be absolute as we are now led to believe.
"3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that ‘the powers not delegated to the US. by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people’: and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the US. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved, to the states or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated rather than the use be destroyed; (emphasis added) …" --Thomas Jefferson, Kentucky Resolutions, 1798.
For probable reasons that I won't go into in this post, FDR's activist justices had succeeded in doing their dirty work to deliberately stifle 1st Amendment protected religious expression. They had done so by wrongly construing the 14th Amendment to apply 1A in its entirety, including prohibiting Congress from making laws addressing religious expression, to the states. They did so by ignoring that 14A was intended to apply only personal rights protected by the Constitution to the states which is clearly stated in Section 1 of 14A. And by doing so, the justices wrongly ignored that John Bingham, the main author of Sec. 1 of 14A, had officially clarified, both before and after 14A was ratified, that 14A took away no state rights.
"The adoption of the proposed amendment will take from the States no rights (emphasis added) that belong to the States." --John Bingham, Appendix to the Congressional Globe, 1866. (last paragraph of first column)"No right (emphasis added) reserved by the Constitution to the States should be impaired…" --John Bingham, Appendix to the Congressional Globe, 1871. (first or second paragraph of first column, depending on how you count paragraphs.)
"Do gentlemen say that by so legislating we would strike down the rights of the State? God forbid. I believe our dual system of government essential to our national existance." --John Bingham, Appendix to the Congressional Globe. (second paragraph from bottom in third column)
Bigngham's clarification of 14A means that it didn't eliminate 10A-protected state power to regulate religion, power acknowledged by the real Thomas Jefferson. And while some patriots may find the idea of state power to regulate religion repulsive, please consider the following. This not only the same power that the states can use to allow public schools to teach creationism, but also the power that allows schools to allow students to run Christmas programs, as long as nobody's constitutional rights are violated.
And if the students were also taught constitutonal basics like Sections 1-3 and 8 of Article I, Article V, and the 1st and 10th Amendment, they would also be able to argue this. Not only do constutionally undefined federal agencies like the Department of Education have no legislative or regulatory authority to tell students, public schools, or anybody else what to do or not to do, such constitutionally-limited legislative powers reserved uniquely to elected members of Congress, but students could also argue the following. They could remind people that the states have never delegated to Congress the specific power to regulate religion even if Congress did have the constitutional authority to delegate its legislative powers to non-elected federal bureaucrats.
Finally, if students were actually taught the differences between the legislative, executive and judicial powers of the three branches of the federal government, along with the pleviously mentioned statutes concerning the division of federal and state government powers, they would know the following about FDR's puppet justices. Not only did FDR's crook justices wrongly legislate the constitutional myth of absolute church and state separation from the bench, but they breached the Founding State's division of federal and state powers by actually usurping 10A protected state legislative powers from the bench, as opposed to usurping federal legislative powers.
So it's all the students' fault. /s
Are we having fun yet?
What a mess! :^(
There are poor people in Hawaii?
I have my copy of the US Constitution right here. Can't find this part.
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