While fundamentalist movements have reinforced the view that
religion is a reactionary obstacle to secular progress, the
Supreme Court of the United States (SCOTUS) has created confusion
with respect to the role of religion. And, through its lack of a
viable or serviceable definition, has produced an embarrassing
array of opinions and denials concerning religion's "public
significance." The American family has suffered significant
destabilization as a direct consequence of these high level
vacillations.
The SCOTUS Justices now also fancy themselves as sociologists
and psychologists. And, in their most pretentious moments, have
advanced the notion that a certain class of individuals have
suffered "psychological harm" whenever government has embraced the
values of religion. Accordingly, they have established a new
protected class. But the court's primitive notion of what
constitutes psychology also promotes and bespeaks an abysmal
ignorance. While psychiatry is a branch of medicine dealing with
the diagnosis, treatment and prevention of mental and emotional
disorders, the word psychology, correctly translated from its
Greek origins, means "the science of the soul."
Any competent psychiatrist will acknowledge that mind is an
endowment separate and distinct from that electrochemical
mechanism upon which it gently rests. And, because the Justices
don't know what they're talking about, they have been unable to
explain to their subjects just how a moment of silence causes harm
to the human soul. It is largely because the Justices have so
clearly and consistently demonstrated ignorance of both science
and religion that the extra-constitutional nature of their
policy-making has been brought to intense light.
Indulging those who are somehow embarrassed by or uncomfortable
with their own thoughts during a moment of silence deprives such
individuals, and everyone else of healthy socialization
challenges. And, on the sociological scale, the SCOTUS policies
serve to impair an entire nation, for they attack the spiritual
idealism the justices already lack. It was this very idealism that
took that young earthly nation from one level of attainment to the
next. And, unless the citizenry takes its nation back, as world
competition heats up historians will likely have to account for
the nation's loss of spiritual idealism during a near-term
post-mortem phase.
Nowhere on Earth was the great experiment with freedom and
democracy better exemplified than in the United States of America
(USA). The country was cobbled together by the most diverse
collection of individuals ever assembled for an uncommon cause.
Fewer than half of the passengers traveling to the North American
continent on the Mayflower were actually separatists seeking
religious freedom in a new land. The rest - including such famous
names as Myles Standish and John Alden - were economic emigrants
who had signed onto the voyage in hopes of finding a better life
for themselves in far-off "Virginia."
Initially neither group was large enough to form a colony on
its own. So, born out of necessity and in the spirit of
cooperation, they joined to sign the Mayflower Compact, the first
document outlining a form of self-government in the New World.
In 1635, the Puritan government demanded that its members take
an oath of allegiance to church and state; a requirement opposed
by prominent Puritan clergyman, Roger Williams. Williams did not
think that nonbelievers should be required to take such an oath.
For his stalwart opposition, he was banished. He fled south with
followers to form the colony of Rhode Island.
About one hundred years prior to the American Revolution, a
pragmatic Lord Baltimore took note of England's victorious Puritan
Parliament. He invited the Puritans to settle in Maryland. He
promised them full religious freedom and hoped thereby to secure
toleration for Maryland Catholics. As about one thousand Puritans
accepted and made plans, Baltimore appointed Protestant William
Stone to be his Governor.
In 1649, as the Puritans made their voyage, Maryland passed the
Act of Religious Toleration. It acknowledged the Trinity,
reinforced laws against blasphemy, and exacted penalties for
profaning the Sabbath. It also took a firm position in protecting
the rights of any who may find themselves in a religious minority
just so long as they professed a belief in Christ. Extracted from
the historical record that was earlier placed into evidence, we
would offer the following:
… noe person or persons whatsoever within this Province, or the
Islands, Ports, Harbors, Creeks, or havens thereunto belonging
professing to believe in Jesus Christ, shall from henceforth bee
any ways troubled, Molested or discountenanced for or in respect
of his or her religion nor in the free exercise thereof within
this Province or the Islands thereunto belonging nor any way
compelled to the belief or exercise of any other Religion against
his or her consent …
Against a backdrop of heresy trials and the European Dark Ages,
Maryland's Act of Religious Tolerance then stood in bold contrast
to the oppressive influence of theological arrogance. Though far
from perfect with respect to minority rights, it was more
inclusive than anything that had gone before. It protected the
free exchange of ideas, while also protecting individual believers
against intimidation and coercive labeling.
The freemen of Concord passed a resolution outlining the rights
and liberties they thought important, including "liberty of
conscience to all Christians (Papists excepted)." This occurred in
1774, barely a year before the Minutemen at Lexington and Concord
fired "the shot heard round the world."
A few years later, James Madison and Thomas Jefferson beat back
an effort in Virginia to use tax money in the name of "public
morality." In the context of that time the support of church
activities would have funded the Church of England in its
competition against the insurgent Baptists. Madison and Jefferson
then fought to pass the Virginia Bill for Religious Liberty, which
became the inspiration for the First Amendment. That amendment has
been interpreted, out of context, as prohibiting the
inter-mingling of religion with government-sponsored education.
In 1787, when the nation was still operating under the Articles
of Confederation, Congress enacted The Northwest Ordinance. The
purpose of the Ordinance was to create a temporary government for
the Northwest Territory (a huge swath of land that extended from
the great lakes to the Ohio River valley), and to establish a
procedure by which territories could apply for admission into the
Union. The Northwest Ordinance received final House and Senate
approval, and was signed into law by President Washington in the
summer of 1789, the same summer in which the same Congress was
formulating the First Amendment to the Constitution.
Article III of the Northwest Ordinance begins with this
sentence:
Religion, morality, and knowledge, being necessary to good
government and the happiness of mankind, schools and the means of
education shall forever be encouraged.
George Washington, the first President, and John Adams, the
second, spoke in equally strong terms concerning the importance of
both religion and education.
Washington said:
"The best means of forming a manly, virtuous, and happy people
will be found in the right education of youth. Without this
foundation, every other means, in my opinion, must fail. - And let
us with caution indulge the opposition, that morality can be
maintained without religion. Reason and experience both forbid us
to expect that National morality can prevail in exclusion of
religious principle."
Adams said:
"Wisdom and knowledge, as well as virtue, diffused generally among
the body of the people, (are) necessary for the preservation of
their rights and liberties."
The Establishment clause of the United States Constitution was
precisely worded by men who knew the language and carefully
considered the initiative as well as its context. So why did
SCOTUS ever have to go searching for the "intent" of the framers.
And once engaged in that folly, why did they give more weight to
one framer's letter to the Danbury Baptists then they gave to the
collective will of Congress and the first President, as expressed
through the Northwest Ordinance?
The framers understood what the justices deny, that religion is
to values what science is to facts. In a world of competing ideas,
Jefferson and Madison leveled the playing field by not subsidizing
the Church of England over the Baptists. Specifically, the
Establishment Clause is the embodiment of this particular wisdom.
But such wisdom is apparently lost on the Justices of SCOTUS. Or
is it something more sinister? Perhaps they don't want to
acknowledge the true intent of the Establishment Clause for other
reasons.
At first glance the simplistic reasoning and revisionist
history proffered by SCOTUS would appear to be flawed
interpretations rather than deliberate misrepresentations. That is
until one recognizes that selective amplification, filtration and
contextualization are the primary tools of modern day deceivers.
At least one thing is painfully obvious. When the Court redefined
religion in support of its secularization hypothesis, it departed
from the agreed upon contract and amplified, with considerable
distortion, the so-called "intent of the framers."
Clearly the "intent" is not as advertised by SCOTUS. And, by
redefining religion the Justices can themselves violate the
Establishment Clause to promote their pet "ism's," including
humanism and moral relativism, with plausible deniability backed
up by absolute judicial immunity. Where the carefully worded
Establishment Clause protected the nation from any potentially
domineering religion, the Supremes have formulated their own value
proposition and are determined to run consistently afoul of
legislative intent while driving out anything that challenges
their prevailing megalomania.
This theft of religious liberty at the hands of Supreme Court
Justices would have been the perfect crime were it not for the
fact that they overlooked one detail. They were so caught up in
their declarative constructs and pontifications that they
neglected to obliterate certain historical artifacts. In a few
moments we will cut through the obfuscations imposed by SCOTUS and
reveal the extent to which the people were snookered by the
Justices. But first we must explore further what can only be
described as a power grab by one of the so-called equal branches
of government.
What Jefferson described as the "wall of separation" between
church and state was never intended by the other framers to be all
that much greater than the separation between the three branches
of government. And in this area too, SCOTUS is well afoul of
constitutional imperatives. A constructionist court could not
exist were it not for the weakness of the legislature with the
acquiescence of, and in this case through the uninformed consent
of, the governed. At this point, from the evidence placed into the
record previously, I would highlight Sir Edmond Burke's Report to
King George. Reading from the record:
"Permit me sir to add another circumstance in our colonies
which contributes no mean part toward the growth and effect of
this intractable spirit. I mean their education. In no country
perhaps in the world is the law so general a study. All who read,
and most do read, endeavor to obtain some smattering of that
science. I've been told by an eminent book seller that in no
branch of his business, after tracks of popular devotion, were so
many books as those on the colonies. They have now fallen into a
way of printing them for their own use. I hear they have sold as
many of Blackstone's Commentaries in America as in England.
General Gage states that all the people in his government are
lawyers or smatterers in law, and that in Boston they have been
enabled by successful chicane wholly to evade many parts of your
capital penal constitution."
"The smartness of debate will say that this knowledge ought to
teach them more clearly the penalties of rebellion, but my
honorable and learned friend, the attorney general, will disdain
that ground. He has heard as well as I that when great honors and
great emoluments do not win over this knowledge to the service of
the state, it is a considerable adversary to a government. If the
spirit is not tamed by this happy means, it is stubborn and
litigious. This study renders men acute, inquisitive, dexterous,
prompt in their attack, ready in defense, full of resources. In
other countries the people are more simple and are of a less
mercurial cast. They judge of an ill principle only in government,
only by an actual grievance. Here they anticipate the evil and
judge the pressure of the evil by the badness of the principle.
They honor misgovernment from a distance and snuff out the
approach of tyranny in every tainted brief."
So what happened? When did those Americans lose the ability to
recognize a "tainted brief" or the "badness" of a principle? For
it now seems that even when they can define good practice, it's on
a purely academic level. There is some major disconnect when it
comes to real world applications.
Suppose, just suppose you were called upon to investigate a
murder. In our hypothetical you have been given responsibility for
presiding over a team to support this effort. Would you include a
person on this team that had been recently fired from his job by
the decedent? Now suppose this person, in addition to having
motive, had clear opportunity and the means or connections to have
the victim killed. Let's say you also hold a highly prestigious
position with a prominent institution. Would you lend your good
name to such an investigative team? What if the institution you
worked for was known for being politically independent, would
political pressure be a factor?
Ok, ok, maybe this isn't the most realistic example. Such a
thing could never happen because if you were the Chief Justice for
the Supreme Court of the United States, you'd be presiding over an
independent judiciary. And if, in fact, the now deceased President
had removed Alan Dulles from his job as Director for Central
Intelligence, he'd be disqualified from holding a seat on the
Commission, right? Certainly, in such an event, you would never
allow the good name Warren to be associated with the appearance of
impropriety, or to be placed on such a tainted work product. After
all, the public would have to have the attention span of a gnat to
let you get away with that.
But average citizens have been largely conditioned to behave as
subjects of the state. Most of these dues paying dependants rarely
participate in the democratic process, except by periodic
invitation. Many see democracy as not working and their sense of
ownership is diminished with each and every election cycle. Of
course there are compensations for this loss of equity.
Parents and marketeers have created the current culture of
indulgences. But rather than educate constituents on fundamental
fairness, politicians lull the electorate into complacency or stir
them up for political purposes. They have promoted unrealistic
expectations of disproportionate representation even while they
champion other interests. And, more often than not, they advance a
sense of entitlement that is not only unsustainable, but also
de-coupled from any sense of duty.
To be more specific, it is increasingly clear that the
government of the United States no longer operates as three equal
branches. Composed mostly of lawyers, the legislature has failed
to provide a proper statutory framework for many important areas
of law. Where it is unable to reach consensus, or lacks the moral
courage to put closely held values on the record, it defers to
case law thereby avoiding the glare of the spotlight and
accountability. The same dynamic applies to the executive branch
as it has also failed to provide real moral leadership on so many
of the most important issues of the day.
We look to this process of unraveling the promise by first
understanding the inter-dynamics of the three branches of this
North American government. Politicians, be they executive,
legislative or judicial, often broach major issues by stealth.
Issues will of course present themselves without regard to
government responsiveness. So, by default, elected officials
offload controversial decisions to courts. Where Congress is
expressly prohibited from making any law that abridges certain
constitutional rights, the Supreme Court is more than willing to
do so, through its unchecked and arbitrary assumption of ever
increasing power.
Legislators usually will not criticize the courts because most
are lawyers by training and no one wants to ask the career ending
question. Representatives often yield their legislative
responsibility to the judiciary out of convenience and because it
is less visible and less vulnerable to political upheavals. After
all, how many citizens entering the voting booth even know the
names of their judges, much less the decision records?
While legal experience is an asset to moving ahead within the
legislature, lawyer-politicians also know they are just one
election away from having to practice law within the same bar and
before the very same judges whose power they might otherwise
curtail through properly crafted legislation. This failure to
effectively bracket the sometimes esoteric and purely personal
"values" of individual judges and the legal fraternity is
especially dangerous in light of historical precedent and the
larger democracy implications.
Voter indifference insures that the citizenry will not take
control. Controlled access and the fear of being cut out of the
loop compromises the media. Religious institutions have
effectively disbarred themselves; their range of permissible
speech and activity is now defined and circumscribed by federal
regulators. Religionists are seemingly content with relative
impotence as long as they are able to enjoy tax exemptions
"granted" by the government.
Coercive tax policies for religionists, exclusives for the good
behavior of journalists and false euphoria for the electorate
combine to favor shadow government. With each clash the chasm
between Church and State widens and each compromise serves to
eclipse and undermine the State's internal separation of powers.
As the country turns its back on founding principles, it tries to
cling to a confused and narrow disintegration of Truth. This
occurs, in large part through the type of re-contextualization we
have witnessed.
The principles of context were introduced to the people of
Earth by John Wycliffe in the fourteenth century. He outlined an
approach to understanding scripture that should also prove useful
to students of statecraft. He wrote:
"It shall greatly helpe ye to understand scripture if thou mark
not only what is spoken or written, but of whom, and to whom, with
what words, at what time, where, to what intent, with what
circumstances, considering what goeth before and what followeth."
As one presidential candidate was fond of saying, "the Devil is
in the details." To this we would simply add that the details are
in the case law. SCOTUS, has a history of competitive,
ideologically motivated jurisprudence. Their anomie initiative is
largely based upon anecdotal evidence of societal change. All
judges employ personal values and their own principles in making
constitutional choices. The same political process that produced
the secularization hypothesis produced the current class of
judges. And, even though the hypothesis contains the seeds of its
own misconstruction, SCOTUS still views the secularization of
society as a positive long term trend that will eventually result
in the elimination of religion as a public influence.
The onetime standard bearer now spends much of its time
presiding over the normalization of deviance. Accordingly, the
constructionist court is heavily vested in secularization and the
ancient laws have been removed from courthouse walls across the
nation. No doubt the judicial definition of religion will continue
to morph, hiding the court's convoluted reasoning while serving an
incoherent jurisprudence. By current definition however, the
inalienable rights endowment described in the Declaration of
Independence must, in the view of the court, be a source of
psychological torment to atheists.
Squelching the "Endowed by their Creator" language would be
politically problematic, even for a supposedly independent
Judiciary. But SCOTUS has already shown its willingness to
misrepresent the facts in supporting its abandonment of "de-facto
establishment" as a guide to church/state relations. The
intellectual integrity deficit is not only pervasive, but the
flow-downs are traceable directly back to the nations highest
court and from there map to the Lucifer Manifesto.
In the movie Devil's Advocate a young lawyer asked "why the
law?"
The devil's answer: "Cause it gets us into everything, it's the
ultimate back stage pass."
Post offices in Texas have been forced to remove small "In God
We Trust" signs because they violate a law concerning
electioneering posters. South Carolina Judge William Bertlesman
ruled that license plates bearing the slogan "Choose Life" are
unconstitutional. And then there was Judge Alfred Goodwin's effort
to excise the phrase "One nation under God" from the United States
Pledge of Allegiance.
When Roy Moore, an Alabama Circuit Judge displayed a small
handmade wooden plaque of the Ten Commandments on his courtroom
wall, he was sued by the American Civil Liberties Union. Shortly
after his election to the Alabama Supreme Court, Chief Justice
Moore installed a monument in the Rotunda of the Alabama Judicial
Building. The monument of the Ten Commandments includes many
references to God in American Law and History, like the Pledge of
Allegiance, the National Motto, the National Anthem and the Oath
of all Public Officials.
Moore was sued again and, in a move highly symbolic of the
judiciary's obfuscation tactics, the monument was briefly walled
off from public view by a plywood partition. "This is an example
of what is happening in this country: the acknowledgment of God as
the moral foundation of law in this nation is being hidden from
us." Moore said in a statement.
As Justice Moore put his office and reputation on the line to
acknowledge that the rights and freedoms we all enjoy are gifts
from a loving God, SCOTUS avoided the issue and refused to hear
arguments on Moore's Certiorari petition as well as his Writ of
Prohibition and Mandamus. For his actions in courageously
defending Alabama's right to display the Ten Commandments, Moore
was removed from the bench by the unanimous decision of his
cowering colleagues.
The Judicial Inquiry Commission, which filed the complaint
against Moore, said that the justice violated the code of judicial
ethics by failing to:
" Uphold the integrity and independence of the judiciary;
" Observe high standards of conduct so that the integrity and
independence of the judiciary might be preserved;
" Avoid impropriety and the appearance of impropriety;
" Respect and comply with the law;
" Conduct himself in a manner promoting public confidence in the
integrity and impartiality of the judiciary;
" Avoid conduct prejudicial to the administration of justice so as
to bring the judicial office into disrepute.
Moore, though, asserted that a level of inconsistency rests in
the nation's judiciary. "We've got to stop the hypocrisy in this
country," he said. "We've got to stop courts that will open with
'God save the United States and this honorable court' and then say
(we) can't acknowledge God. We've got to stop judges who put their
hand on the Bible and say, 'So help me God,' and then go into
court and deny the very Creator God upon which this nation and our
laws are founded."
"The nation must stand up to the actions of courts," Moore
said. "Unless we do, the public acknowledgment of God will be
taken from us - 'In God We Trust' will be taken from our money and
'One Nation under God' from our pledge. - There is a basic
philosophical difference in this country of what law is," Moore
said. "Law is not an order of court, and we've got to get that
straight. If we follow the rule of man and not the rule of law,
we're disregarding everything we're sworn to uphold."
These cases underscore the Screwtape process described by C.S.
Lewis as it applies in an institutional setting. As these cases
slowly wind their way up to the US Supreme Court, it is expected
that the fundamentals of law will again be denied unless there is
a reawakening of the electorate.
The Justices will do whatever the Justices want to do.
The game we're witnessing is called Gospel Quash. It is usually
played in an enclosed room that is referred to as "open court."
This is worthy of note because the presiding judge not only
regulates the size of the public, but also controls the viewpoint.
The judge can move the jury in and out of the courtroom at will
and control the use of cameras and microphones. The right to a
jury trial is, at face value, protected. But the judge is the
gatekeeper. Nothing reaches the hearing of the jury unless the
judge authorizes it. It is the judge who determines what the jury
and the public sees and hears through the highly selective
amplification, filtration and contextualization we've come to
recognize. Then there is the phenomenon of the directed verdict,
which further diminishes the value of a jury. It all begs the
question, why have a jury? The short answer is; as scenery for the
public.
Back stage, in certain highly coveted low profile cases, and in
accordance with any prevailing collegial spirit, fellow judges
along the avenue of appeals can mask unmeritorious reasoning
through an under the table transaction known as the unpublished
mandate. SCOTUS has fortified this cloaking devise as one part of
an array of self-serving conveniences, foremost among these, the
Doctrine of Absolute Judicial Immunity.
This extra-constitutional doctrine is a throwback to times when
elsewhere the King and the Pope regarded themselves as infallible.
It also brings the first commandment, "You shall have no other
gods but me," into striking relief. Where the framers of the
Constitution were meticulous about acknowledging God as they went
about the task of ruling, SCOTUS Justices have demonstrated an air
of superiority and absolute immunity that is derived from their
real god: Themselves as supported by their unconstitutional
Doctrine of Infallibility.
Who's going to challenge them? The inattention of the
electorate and the impotence of the congress notwithstanding, the
court has dishonored itself through an inability to be integrity
centered. The Wayward Supremes have held that, even in cases of
malice and corruption, judges are immune from civil liability for
judicial acts. In this way the court has defined the injudicious
act as a judicial act and has thereby become the champion of the
injudicious judicial act.
Now we know that it is painful for you to follow SCOTUS logic
just as it is painful for us to subject you to it. But it is
essential to any understanding of their modus operandi. The
Supreme Court of the United States has actively engaged in this
willful and deliberate deception through a persistent
disintegration of truth. It has taken upon itself the right to
decide who gets college tuition assistance, what speech is
permissible in the public square and which petitions fall within
the scope of a right to petition. By narrowly redefining the
domain of values to suit its own purposes, it can characterize the
Ten Commandments, not as the historical embodiment and foundation
for law, but as a narrow tradition. In this way the Supremes have
enabled and actively promoted the moral relativism and the
circular references that have resulted in such disharmony and
judicial inconsistency throughout the land.
At the heart of the New World opportunity were soil conditions
that favored religious growth. But today that soil is so
compacted; the country has no coherent definition of religion.
With a tolerance for some religions and denial about a de facto
preference for the ones that don't challenge individual
righteousness, the country has lost its spiritual idealism through
an unhealthy and distorted concept of tolerance that effectively
masks a most devastating affliction.
The United States has actively courted a variety of
opportunistic infections and it has attracted a disproportionate
number of so-called leaders who think freedom of religion means
freedom from religion. Indeed, religion is thought to have no real
place in the deliberative process where mature, though imperfect,
value systems are routinely dismissed in favor of no viable
alternative. The now lethargic value proposition of the New World
lacks the spiritual idealism that once characterized a region on
the forefront of progressive religious evolution.
Religionists have been bluffed out of their place at the table,
have given up much ground through a failure to engage, to work the
soil and to be part of the deliberative process. As if learning
nothing from the Parable of the Sower, today's retail religionist
largely avoids the hard work of soil amendment and essential
conditioning. Moral courage is seldom required of those who occupy
a comfortable mission field, the spiritual equivalent of a low
maintenance ornamental garden.
These comfort levels are often secured at the expense of the
Gospel. Corporate model churches have become fashionable. This is
where ministers become administrators. Truth is crystallized into
creedal formulas where it speedily dies and its power to transform
is effectively neutralized. The Body ceases to be a unified whole
and its parts compete against, rather than complement one another.
Boundary lines are drawn and procedures are put in place to
support a self-righteous exclusivity that runs well afoul of the
"Love one another" mandate delivered by Our Universe Sovereign.
When Gospel resources are thus redirected, their effect is
seriously diminished and evil is often the result. We've
previously considered the positive influence of Martin Luther as
he launched the protestant reformation at Wittenberg. Now, in the
current context, consider his advocacy of an exclusive State
Church in light of the blueprint he left for Adolph Hitler.
Much like SCOTUS, Luther denied the early foundations of law.
He wrote: "Moreover, since priesthood, worship, government - with
which the greater part, indeed, almost all, of those laws of Moses
deal - have been at an end for over fourteen hundred years
already, it is certain that Moses' law also came to an end and
lost its authority. Therefore the imperial laws must be applied to
these imperial Jews. Their wish to be Mosaic Jews must not be
indulged. In fact, no Jew has been that for over fourteen hundred
years."
I am quoting from Luther's tract titled
Concerning the Jews and Their Lies:
"What then shall we Christians do with this damned, rejected
race of the Jews? Since they live among us and we know about their
lying and blasphemy and cursing, we cannot tolerate them if we do
not wish to share their lies, curses and blasphemy…. We must
prayerfully and reverently practice a merciful severity…. Let me
give you my honest advice:
" First… to set fire to their synagogues or schools and to bury
and cover with dirt whatever will not burn, so that no man will
ever again see a stone or cinder of them. This is to be done in
honor of our Lord and of Christendom.
" Second, I advise that their houses also be razed and destroyed.
" Third, I advise that their rabbis be forbidden to teach
henceforth on pain of loss of life and limb.
" Fourth, I advise that all their prayer books and Talmudic
writings, in which such idolatry, lies, cursing and blasphemy are
taught, be taken from them.
" Fifth, I advise that safe conduct on the highways be abolished
completely for the Jews. For they have no business in the
countryside, since they are not lords, officials, tradesman or the
like. Let them stay at home.
" Sixth, I advise that usury be prohibited to them, and that all
cash and treasure of silver and gold be taken from them, and put
aside for safekeeping.
" Seventh, I recommend putting a flail, an ax, a hoe, a spade, a
distaff, or a spindle into the hand of young, strong Jews and
Jewesses and letting them earn their bread in the sweat of their
brow."
Some four centuries later, U.S. Supreme Court Justice Felix
Frankfurter stated that the history of liberty is in no small part
the history of procedure. Frankfurter would know. As one of three
prominent Jews who helped to shape Roosevelt's New Deal policies,
the Justice was early on privy to, and in apparent denial about,
information concerning the treatment and pending extermination of
Jews in Nazi Germany. Frankfurter had a reputation for
intervention behind the scenes to correct instances of bias in the
United States. When confronted with gruesome detail about the
situation in Germany however, Frankfurter told one young witness,
in a soft voice filled with resignation, "I am unable to believe
you."
Denial is not uncommon. The Nazi holocaust seems like "ancient
history" to the current generation of leaders. As terrorism takes
the stage, new high profile threats are everywhere. As
indiscriminate bombings dominate the news, an almost imperceptible
erosion of civil liberties seems barely newsworthy and goes
largely unacknowledged.
A false consciousness of liberty and the illusion of
representative democracy prevail. Participatory democracy cannot
succeed without an informed citizenry. Those idealistic forebears,
in laying the foundation for rights now largely taken for granted
by current generations, possessed uncommon wisdom. Now, as the
crowning insult to those who laid down their lives for their
fellows, freedom secured through the blood, sweat and tears of
past generations is squandered by inattentive, self-indulgent
masses.
We began these arguments by saying that "Much of what was
foundational is no longer deemed desirable." We made the charge
that "An impetuous leadership has dismissed mature and dependable
systems of values for poorly defined baser sets." We also made
reference to an adulterated concept of liberty through the routine
divorce of rights and responsibility. And we said we are concerned
with the "flow-downs, the fallout," and the effect upon the
innocent child.
Most of what we have highlighted thus far has been a
broad-brush view of what's been happening on earth with continued
special emphasis on one evolving democracy, the United States. I
believe we have accurately represented Lucifer's strategic
overview and that of Our Sovereign. Now we will get to some of the
details. We will focus on Lucifer's legacy through some of the
tactical moves that depend, more than anything, upon what that
country's framers called the "easy emoluments of statuteable
plunder."
Lucifer is no longer walking the planet. His devotees no longer
have direct access to his wicked counsel though they do have his
manifesto. We are now entering a theatre of operations that is the
Spiritual warfare equivalent of Where's Waldo. We're going to look
for that devil in the details. And you will have opportunity to
decide if certain procedures are Satanic ritual derived from
Luciferian thought or just innocent lapses in judgment. You will
decide if Lucifer had the means, the motive and the opportunity to
squelch or obfuscate constitutional questions of exceptional
importance to all of humanity.
At one time Lucifer commanded great respect by means of his
brilliant personality. The fact that he wore jeweled robes
certainly didn't hurt his ability to overawe the material mind.
Both were gifts of beauty. And both were corrupted in such a way
as to support his peculiar form of persuasion. Lucifer exhibited
his ingratitude, and through time the gifts of God were trampled
under foot. The folly of casting one's pearls before the
unappreciative is not uncommon and, as the unmitigated selfishness
of this privileged son ran unabated, he was eventually seen for
just what he is, unappreciative - the very personification of
ugliness. Though in his wake the people of Earth were left dazed
and confused, individuals on high are no longer impressed by the
parade or with his adornment, only his motivation and the lack of
merit within his argument.
Now the same standard must be applied to the courts of earth
and the public discourse. Citizens have long accepted, at face
value, a peculiar "wisdom" proffered by judges not only robed by
the people, but in whom their elected representatives have vested
excessive discretion. Fortunately it takes far more than prestige
of office to advance, even the illusion of, integrity. To the
extent that absolute power does corrupt absolutely, we need to
look even more closely for the after effect of the Immunity
Doctrine.
Ruling in accordance with a counterfeit wisdom depends largely
upon the dumbing-down of those who would be subjects. Where
fashion sits, the light is sometimes harsh. And playing mirror,
mirror on the wall is just no fun at all when stark contrasts
interfere with self-admiration. Who's the fairest of them all is
not a question today's earthly courts want answered by any means.
To them, the problems associated with their substitution of false
for true wisdom is largely a matter of contrast control.
In truth the court has put every other god before Absolute
Deity. There is a definite purpose behind revisionist history and
the banishing of the Ten Commandments from the public enclave. We
have seen the results of Martin Luther's devaluation of these in
the context of the Nazi Holocaust. Accordingly, as the ancient
laws are removed from courthouse walls the results are clearly
foreseeable. The post-mortem on American jurisprudence has begun.
And the first casualty, along with the command "You shall not bear
false witness," is truth.
In judicial proceedings witnesses are sworn to tell the whole
truth and nothing but the truth. Then they often watch helplessly
as half-truth is extracted and re-contextualized to paint one
falsehood after another. The first duty of a witness is to demand
the opportunity to give complete answers in accordance with his or
her oath. We submit that, upon being forced to run afoul of such
an oath, of being denied the opportunity to tell "the whole truth"
or to give complete answers, a witness has the solemn duty, even
at the risk of contempt, to retroactively renounce that oath.
We've seen that trial strategies are often selected on the
basis of what a jury will believe, not on what constitutes truth.
What to include in pleadings, whether to play the race card or
employ the insanity defense is now simply a matter of permissible
spin with a wink and a nod from the bench. What is the value of a
judiciary, a process of adjudication or, for that matter a judge
that does not depend fully and finally upon Truth?
In light of the truth decay, the injudicious judicial acts and
their highly selective intolerance of religion, we again turn our
attention to the state level and the former state of religious
toleration. Right now in Maryland a baser set of values has
emerged to take the place of, what was once regarded as
traditional values. The new values system is generally not well
defined and those in power steadfastly refuse to define, or be
accountable for it.
So much of what is procedural would never stand for the light
of day. The courts have become a forum for the systematic
disintegration of truth. And all three branches of government in
that state clearly intend to keep playing this esoteric system of
values close to the vest for reasons we are about to examine. Here
we will consider the demise of citizen participation in one small
state for the purpose of understanding what's happening all across
one troubled union of states.
Before we get into the details of this unpleasant but necessary
illustration we want to make clear that the average citizen of
Maryland is hard working, well motivated and basically good just
like those in other parts of their nation. This state is of
particular interest because it was the cradle of religious
toleration and is a great prize to the devotees of Lucifer.
What we will show here is the state and federal context, the
principle target of the attack and also the extent to which these
people have been defrauded. How perilously close they are to
losing their voice. And how, in light of "you shall not steal,"
certain "inalienable rights" are incrementally, systematically and
deliberately stolen from these citizens as they are lulled into a
sense of well being by their government.
Marylanders possess a grand heritage and a keen sense of right
and wrong. What they lack is quality information from their
representatives and their press. It is ironic that one of the
best-educated populations on the planet is treated as though they
are among the most poorly educated and disinterested.
Maryland's elected officials are largely reactionary. For
example, when it was revealed that a prostitute had been servicing
a Montgomery County Judge in chambers, there was prolonged debate
about whether he should be removed. When a Circuit Court Judge
concluded a rape trial by saying "it takes two to tango," elected
officials again engaged in strong rhetoric, but little more. It
was only when another judge from the same circuit granted custody
of a minor child, to a mother convicted of murdering that same
child's sibling, that the court's statutory authority was subject
to some token modifications.
Still, as we have seen in the latter case, the next higher
court actually refused to disturb what it termed the "wide
discretion" vested in a lower court judge. Only when the case
became a national embarrassment to the state and a favorite topic
among talk radio callers and hosts did the highest state court
agree to review the case and opine that the first reviewing
tribunal failed to use its "collective common sense."
We submit that in such an unusual custody case, state
intervention was fully justified. But, we are also convinced that,
had it not been for the public outcry, "collective common sense"
would not have prevailed. Did the High Court in this case see the
light or just feel the heat?
Religion was never an opiate to Maryland's early inhabitants.
The state boasts no poppy fields but rather features an abundance
of battlefields. Much of the blood that nourished Maryland gardens
was given unselfishly by solders laying down their lives to
establish or defend basic freedom on behalf of all people. What a
pity that within just a few hundred years after so many died to
establish the nation's constitution, citizen participation is just
too much trouble for many descendants of these fallen heroes.
Now we will review the apathy and immunity effects in light of
our most sacred trust, that of child rearing. We've seen how human
society's basic organizational unit is the family and we have
defined the nuclear family, for the purposes of this discussion,
as the child with the two natural parents. Though there are many
noble variations on the human family, these are largely
compensations for failures of nature. Of course, since an advanced
society does not ultimately place its faith in nature, such
disadvantages can and must be overcome. Without aspiring to nature
we have learned, in looking at the higher orders, to respect it in
the absence of something clearly superior. All else being equal,
children who have benefited from the nurture of two loving natural
parents will always have a clear and distinct initial advantage
over their less fortunate peers.
The Supreme Court of the United States once termed the right to
rear one's child "essential" in the 1923 case Meyer vs. Nebraska.
It is one of the "basic civil rights of man," So said the court in
1942 with Skinner vs. Oklahoma. And in 1953 the Supreme Court held
that Child rearing constitutes a right "far more precious ... than
property rights." That case was May vs. Anderson.
At one time Maryland courts also protected the bond between
parent and child. For example, the same Circuit Court with the
unenviable record of having advanced the custody to a murderer
case, heard arguments in 1977 by the Montgomery County Department
of Social Services (MCDSS) in the case Montgomery County versus
Saunders.
In that case the Government was arguing against returning a
child to the custody of his mother, not because of any alleged or
then current parental unfitness, but because the agency was
enamored with the fashionable idea of reducing custody
determinations to an exercise in basic algebra.
A+T=C. Age + Time = Custody. This formula was supposed to yield
greater "judicial economy." The Judge in this case, John C.
Tracey, was not interested in avoiding the hard work of
adjudication. The subject child, Christopher, was still calling
Rebecca "mother." Tracey returned Christopher to his mother and,
as expected, MCDSS appealed, but MCDSS lost. The Appeals Court
included, in its published opinion, the following quote from the
1963 book Collective Bargaining and the Arbitrator. I quote:
"One may illustrate the essential idea by a spider web, pull a
strand here, and a complex pattern of adjustments runs through the
whole web. Pull another strand from a different angle, and another
complex pattern results."
Social engineering at the nuclear family level is still very
much in vogue at the MCDSS, but the courts of that day exhibited
true wisdom and were reluctant to intrude. Today those same courts
hard sell a counterfeit wisdom as they habitually intrude,
especially in divorce cases.
While divorce is an unfortunate but necessary social safety
valve, Maryland has installed the equivalent of a pump, fueled
with monetary incentives. The state now allows individual judges
to establish religious principle in the form of judicial
precedent, to elevate purely personal evaluations to the level of
absolutes in accordance with circular references, moral relativism
and as a matter of habit. The current judiciary has proven itself
to be a malevolent, predictable force in Maryland family life
condemning little ones to a mode of living where they are taught
maintaining relationships is just too much trouble.
The marriage statutes call for a ceremony to be superadded upon
execution of a marriage contract. The preamble for the civil
ceremony prescribed by the state reads: "We are gathered here in
the presence of these witnesses to join this man and this woman
together in matrimony. The contract of marriage is a solemn one
and not to be entered into lightly, but thoughtfully and seriously
and with a deep realization of its obligations and
responsibilities."
Even while these ceremonies are conducted within Maryland
courts of law the same judiciary has undermined the institution of
marriage. And inconsistency has become the technique for plausible
deniability. While the Constitution of the United States clearly
prohibits laws that impair the obligations of contract, Maryland
case law equates the contractual obligations of marriage with
fleeting affection and holds that there is no cause of action for
what they term "alienation of affection."
Thanks to the de-facto devaluation of marriage and higher than
average divorce rates, the state engages in a steady chipping away
at the sacred bond between parent and child through the neglected
statutory framework whereby custody decisions are made. One turn
of the millennium effort for comprehensive reform, The Best
Interests of Children Act of 2000, died in committee. Other
important legislation has failed because the House Judiciary
Committee has, at times, been unable even to produce a quorum for
such important legislation. Still, deadbeat is a term somehow
reserved for parents.
This is pivotal. A key example of how legislative bodies have
failed to put their values on the line. By not defining and not
protecting marriage as a contract, and as they pay lip service to
the best interests of children, the Judiciary, the Legislature,
the Executives and the unbridled divorce industry have
systematically brought instability to every child's nurturing
environment. Children that have not lost a parent fear losing one.
And because judges arbitrarily and routinely terminate parental
rights in such incrementalist fashion, the state operates well
under the radar screen of most constitutional scholars and with no
coherent system of values.
At this point we need to be reminded of just how the
devaluation of family serves the cause of Lucifer. Gospel Quash is
a continuously running game. It has many variations, though each
uses reality skew to achieve its goal of eliminating at least one
parent from the life of a child. This is the way it works in
Maryland and several other states.
In Maryland and elsewhere the contract of marriage often leads
to a union that gives rise to interested third parties, the
children. Not only has the contract that best protects their
interest been undermined at every opportunity by an insatiable and
expansionist divorce industry, the children are almost always
without representation in cases involving custody. Nevertheless,
the system makes much ado about the best interests of the children
and has created a best interests fiction. These interests, as
defined by a mostly self-serving system, are said to govern,
giving the court a "justification" for selectively setting aside
parental rights while, more often than not, putting asunder the
rights of children as well.
Maryland's family law article provides that "parents are joint
natural guardians of their minor child" In practice however; the
state and federal courts have allowed just about every Tom, Dick
and Principality to intrude on the parent/child relationship. And,
there is absolutely nothing to limit these intrusions to divorce
cases. Why would a confusing and conflicting array of case law be
preferred by anyone over well-crafted legislation? As we continue,
keep asking yourself: Who benefits?
Let's briefly return our attention to the SCOTUS agenda. The
second casualty in the interest of contrast control is fidelity.
By eliminating the commandments against covetousness and adultery
from courthouse walls, the Supreme Court of the United States and
some state courts have facilitated a moral inversion. They have
sent clear signals that to impair the obligations of contract and
to violate or betray the integrity of relationships is now ok. In
so doing, Maryland Courts have advanced their best interests
fiction. Despite strenuous denials, these courts have been the
great enablers of family destabilization and parental alienation.
The nation's highest court has become the supreme scofflaw,
Maryland's highest court is unable to distinguish between
contractual obligation and fleeting affection. In this regard the
court of public opinion has rightly held they both lack the
"collective common sense" of first year law students.
The third casualty of the SCOTUS mirror is familial integrity.
By removing "Honor thy father and mother" from courthouse walls,
the courts have helped promote the fashionable idea that
relationships with parents are entirely optional. Through the
introduction of additional Boolean operators to its adulterated
parenting philosophy, the courts have established their own
religion. Their new commandments "Honor thy mother or father,"
"Honor thy mother not father" and "Honor thy father not mother."
From deep within the arena of moral relativism the Ten
Commandments are seen as far too absolutist. If the high court is
to be operated as a den of iniquity, and thereby serve the cause
of Lucifer, these "offensive" commandments must be removed.
The courts are well able to advance other doctrines that are
internally inconsistent and detrimental to children. For example,
with rights conferred only at birth, a child can legally be
greeted with a blow to the head as it traverses the birth canal.
This is regarded as a partial birth medical procedure while at the
same time a father killing his wife can be charged with her murder
as well as that of the unborn child. A stillbirth due to neglected
pre-natal care may be considered cause for a manslaughter charge
against the mother.
The defect of intellect that could produce such a confusing and
conflicting array of case law is directly traceable to the
accountability deficit. The framers wrote "Congress shall make no
law …" because the courts were never authorized to make law. The
framers, though weary of the power of judges they characterized as
"foreign potentates," clearly did not anticipate that the
legislature would shrink from its responsibility, just as the
judiciary became more constructionist. Let's revisit the state
example.
Family law in Maryland has devolved into a system of patronage
composed of those who deride and those who preside. During their
first visit to a divorce attorney, each parent gives their
so-called advocate a sense of scope, including insight on
available financial resources. The number of potential billable
hours is quickly deduced. And, unknown to any steer-able parent, a
course of action and the level of contention is often set at this
juncture. Attorney advice and predictions are usually conditioned
by the business mathematics.
In states such as Maryland, parents quickly learn that one
parent can effectively veto joint custody through non-cooperation.
And, depending upon whether the particular judge has a
demonstrated maternal or paternal preference, the percent chance
of win is predictable. What parents don't realize until after the
damage is done is the extent to which trial lawyers, judges and
ancillary service providers are incentivized within a system like
Maryland's.
To emerge victorious in contested custody cases, the goal is to
prove the other parent unfit. The court takes, what amounts to, a
snapshot of the parents at their worst, least cooperative, most
reactive and most competitive moment. This is usually in the
context of a contested divorce where living truth is murdered in a
triangulation of crossfire. As it is with quarreling children, if
provocation goes unnoticed, the reactive parent appears to be the
offender.
From this snapshot, snap judgments are formed and, as the
courts only think they possess superior wisdom in such cases, all
of their conclusions regarding such matters are suspect. Insidious
maneuvers are calculated to further divide the parents and to
impeach the covenant, the parent and their right to petition. Each
is blunted, corrupted and distorted in a way that serves, not the
interests of children, not the interests of citizens, but the
insatiable appetites of a parasitic system of patronage.
The State's de-facto preference for sole custody sacrifices
good results for design efficiency. It stands in stark contrast to
lip service and usually results in the disenfranchisement of one
otherwise "fit-and-proper parent." The initial "decision" is often
capped with an award of attorney fees to the victor and designed
to disadvantage the potential Appellant. Also common is the
imposition of disproportionate support obligations.
With an oppressive thump on the equity scale, support
enforcement occurs at the expense of the state but access
enforcement occurs at the expense of the frustrated parent. Such
parents often conclude that access is unenforceable or they are
unable to endure sustained combat as the price of continued
involvement. Beyond doubt, the state has become the de-facto
enabler of parental alienation.
The vanquished is further disadvantaged through the tax code
and what is known as the material change in circumstances trap.
This means that unless the vanquished has substantial resources
and unless some arbitrarily set threshold proving a change in
circumstances is reached, once the court takes its initial
snapshot and a custody decision is made, there will be little
chance of success through subsequent proceedings for modification.
Through so-called procedures in equity, the state has empowered
judges to protect the system and to impose penalties on those
seeking to protect their children from, what amounts to, a state
sponsored religion. The judicial priesthood is adept at masking
the results.
As those vested in the system pat themselves on the back and
say "we've served the best interests of a child today," that
child's nurturing infrastructure is often discarded as an empty,
it's life supporting plasma having been consumed by a system that
serves, first and foremost, its own interest.
The child is thus deprived of a nurturing infrastructure that
is balanced and diversified in the name of a slothfulness termed
"judicial economy." Such "economy" is the haven of the most
ethically lazy, socially indifferent, morally unprogressive and
spiritually indolent judges. These deadbeats of the highest order
abandon moral values and presume to repudiate spiritual goals for
whole societies as they undermine the best interests of all
children. This so-called economy is also the key to profitability
for divorce attorneys, for once the deal is done and there's
nothing left to attach, with no time wasted it's on to the next
client, the next chug-a-lug.
Now for those who don't think it could possibly be as bad as
all that, we will now zoom-in further to examine this scenario, as
well as more of the incentives, in even greater detail. As we do,
consider the words of former U.S. President John F. Kennedy, I
quote: "The rights of every person are diminished when the rights
of one person are threatened."
Maryland case law states that in matters of custody the court
shall examine the sincerity of a parent's request, the capacity of
parents to communicate and reach shared decisions affecting the
child's welfare, the psychological capabilities of the parents,
the potential for psychological or emotional injury to the child
and the potential disruption of a child's social and school life.
In divorce cases involving adultery the court must determine if
the relationship has had a detrimental affect on the child. The
court should examine the totality of the situation in the
alternative environments and avoid focusing on any single factor.
The trial courts are also admonished to be aware of what they
term lollipop and rescue syndromes. The child's own wishes may be
consulted and given weight if he or she is of sufficient age and
capacity to form a rational judgment. The state's high court has
held that, and I quote "It is not the whim of the child that the
court respects, but its feelings, attachments, reasonable
preference and probable contentment."
That's quite a snapshot!
By what stretch of even the most overactive imagination, by
what miracle of legal education and by what level of megalomanic
delusion is a human judge competent to make these determinations?
How can the State of Maryland, without regard to their personal
success as parents or spouses, justify imposing the values of
individual judges on children and families?
Such mandates are impractical as well as immoral, appellate
opinion notwithstanding. The State Judiciary does not justify
itself but rather covers its failures through unpublished
mandates. And there is virtually no objective follow-up that could
potentially reveal the long term detrimental affects on children
or that might serve as an indicator to the quality of wisdom as
it's applied. The Maryland Judiciary clearly does not favor any
type of independent audit that would lead to exposure of the best
interests' fiction.
In contrast to Maryland and other states that have failed to
evolve joint custody, those states with a demonstrated preference
for joint custody have recognized the folly of allowing one
uncooperative parent to veto it. Such family friendly courts have
put the children first and have clarified their intentions with
respect to the child's nuclear family in no uncertain terms.
In 1992 the Court of Appeals for the State of Kentucky heard
Chalupa v. Chalupa. Judge Schroder, wrote for the majority, and I
quote:
"A divorce from a spouse is not a divorce from their children,
nor should custody decisions be used as a punishment. Joint
custody can benefit the children, the divorced parents, and
society in general by having both parents involved in the
children's upbringing.... The difficult and delicate nature of
deciding what is in the best interest of a child leads this Court
to interpret the child's best interest as requiring a trial court
to consider joint custody first, before the more traumatic sole
custody. In finding a preference for joint custody is in the best
interest of the child, even in a bitter divorce, the Court is
encouraging the parents to cooperate with each other and to stay
on their best behavior. Joint custody can be modified if a party
is acting in bad faith or is uncooperative. The trial court at any
time can review joint custody and if a party is being
uncooperative, modify the custody to sole custody in favor of the
reasonable parent. Surely, with the stakes so high, there would be
more cooperation, which leads to the child's best interest, the
parent's best interest, fewer court appearances and judicial
economy. Starting out with sole custody would deprive one parent
of the vital input."
In 1993 the Court of Appeals for the State of Georgia heard a
case in the interest of A.R.B., a child. In a unanimous opinion,
presiding Judge Dorothy T. Beasley stated:
"Although the dispute is symbolized by a 'versus' which
signifies two adverse parties at opposite poles of a line, there
is in fact a third party whose interests and rights make of a line
a triangle. That person, the child who is not an official party to
the lawsuit but whose well being is in the eye of the controversy,
has a right to shared parenting when both are equally suited to
provide it. Inherent in the express public policy is a recognition
of the child's right to equal access and opportunity with both
parents, the right to be guided and nurtured by both parents, the
right to have major decisions made by the application of both
parent's wisdom, judgment and experience. The child does not
forfeit these rights when the parents divorce."
In states with a rebuttable presumption of joint custody,
parents get the idea early on that cooperation truly serves the
best interests of their children. In contrast to Georgia and
Kentucky, certain states provide the means for sole custody by
contrivance. Especially where one parent has a clear advantage due
to a judicial bias. When governments presume to regulate a
fundamental familial relation they intrude on the natural family
with so-called procedures in equity that are often far from
equitable.
Compulsive tinkers have encroached in ways they are not willing
to acknowledge, but clearly understand. And, they have violated
the most basic tenet of sound tinkering, which is to keep all the
parts. States that have failed to evolve joint custody together
with gender neutrality have engaged in a systematic deprivation of
rights against an entire class of citizens. In light of what is
known about homes with absentee fathers or mothers, this is
clearly a moral inversion, a serious offense subversive of good
order.
Executives, legislators and the electorate share responsibility
with a judiciary that has lost sight of its onetime role as the
standard bearer. As confusion reigns, caseloads increase. Mediocre
judges become senior judges who, in the opinion of the Supremes,
enjoy absolute judicial immunity, the only remaining absolute in
their very special world. This bears repeating again and again,
the Supreme Court of the United States has held that judges are
immune from civil action, even for acts of malevolence and
corruption.
The wayward high court does not differentiate between the
judicial act and acts that are arguably in-judicial. Justices have
demonstrated a general lack of interest for the issue of judicial
integrity and chose to place the interests of friends and
colleagues well ahead of the fundamental rights of United States
Citizens. Through summary dismissals that are a clear violation of
the judicial oath, courts thereby avoid concerning themselves with
annoying questions pointing to pervasive judicial corruption
These are questions you must answer. Are they simply educated
fools, or do they have an overriding agenda? Does the United
States enjoy equal justice for all and an independent judiciary as
advertised, or are judges also just one more product of political
process? Before you answer, consider again the turn of the
millennium national election and the series of court decisions
that fell precisely along political lines accompanied by an
extraordinary amount of "justification" in the form of court
opinions. Also, take note that this was a very rare, high profile
case of interest to the largest public. With so much light on
them, good behavior was all but assured. All of this serves to
underscore the principle that sunlight remains the best
disinfectant.
In low profile cases however, reviewing tribunals, both state
and federal, routinely issue unpublished mandates thus denying the
public the opportunity to see their courts in their most defining
moments. It is these buried transactions that enable governments
to pacify and sometimes to defraud citizens. Amendment One to the
U.S. Constitution specifically prohibits Congress from making any
law abridging the right of the people to petition the government
for a redress of grievances. In contrast, the Judiciary has
granted itself the right to suppress questions of exceptional
importance. Abridging the Right to Petition has become black art.
Lawyers are trained to fear the career-ending question and the
intemperate rage of senior judges. Petitions are routinely
dismissed before any hearing, for failure to state a non-frivolous
claim even when the claims are anything but frivolous. The Courts
have clearly demonstrated that such questions are of little
interest where maintaining the illusion of honor is involved.
Justices have used every bureaucratic device to avoid,
obfuscate and cowardly suppress the petitions of an entire class
of citizens. Advocates and government officials sworn to protect
the general population routinely bluff citizens out of their most
fundamental rights. With each new occurrence deniability becomes
less plausible. No honest person, knowledgeable in this area,
denies that there are lawyers engaged in conspiracies against
rights and that there are judges, sworn to uphold the constitution
as their first duty, that are not above imposing deprivations of
rights.
The courts quash any effort to focus public attention on the
judiciary's unconstitutional behaviors. It is the courts
themselves that have weakened the system of judicial
accountability. We have all witnessed judges that would minimize
the serious and gravity of perjury as well as the subornation of
perjury. Reckless indifference to the problem of corruption is
pervasive and their motivations, with respect to maintaining the
status quo, are clear.
Everyone understands and appreciates the Judiciary's discomfort
and its reluctance to hear petitions that call into question the
integrity of fellow members of the bar. Even so, it is clear the
immunity doctrines do not serve the public interest.
Should a judge engaged in the slow, careful and deliberate
process of adjudication enjoy absolute freedom from liability for
malpractice when an over-tasked emergency room physician does not?
The only justifications offered by the federal courts clearly
demonstrate that the self-interest of the court and those of
career advocates govern, despite all pretenses to the contrary.
The citizenry is not sympathetic to the cause of corruption. The
question remains if the public, once fully informed, will be
tolerant of a court that, by its own actions and dereliction, has
brought such dishonor upon a once respected institution.
Petitions are dismissed for having the wrong typeface while
constitutional questions are characterized as frivolous. Judges
have treated the whole body of law as though it's a buffet from
which they can pick and choose in a self-indulgent manner, placing
their personal interests and the career interests of their
colleagues ahead of their respective duties in accordance with
their oaths of office. The willingness to suppress questions
presented on appeal and the habit of obsessing on minutia while
ignoring essential principles is not without historical precedent.
The courts of ancient times were said to have strained at gnats
while swallowing camels. We submit that the sophistries and
motivations of those cloaked in absolute power have not changed in
thousands of years.
The people of this earthly nation are just now coming to the
realization that they have the duty to get focused, to correctly
discern the merits of each and every proposition put forth by
their public "servants." And to regain control. The electorate is
just beginning to recognize that peer pressure and the current
political climate are such that elected officials are mostly
concerned with running afoul of political correctness standards,
and that these so-called standards are often set by vocal
minorities and special interest groups.
In formula politics, the moral compass is seldom, if ever,
consulted. In fact, morality itself is denounced by certain
constituencies as "politically incorrect." Where fashion sits,
immoral decisions are characterized as "properly amoral."
So-called leaders are seen by citizens as reeds in a political
wind, as tripping all over themselves to avoid moral questions in
a pathetic attempt to conform to these fleeting "standards."
Yates, in his poem the Second Coming, said "The best lack all
conviction and the worst are full of passionate intensity." In
accordance with this belief, the Judiciary is confident that
citizens will continue to tolerate what amounts to a state
sponsored religion that is in direct violation of the
Establishment Clause of the United States Constitution. But by
this perfidy the judges have aroused the indignation of a
virtuous, loyal and affectionate people.
Waiting armies of Citizen Litigators are thriving in light and
see that the effects of acquiescence are not tolerable. They have
rightly concluded that to accept is to deserve and are willing to
go to extreme, at times self-sacrificing lengths, to expose the
unmitigated selfishness of jurists who seek to suppress
constitutional questions for their own purposes. There is a long
line of citizen litigators in training who are unimpressed by any
masquerade usurping the authority of true justice and equity.
These true citizens are not members of any bar and they serve
without conflict of interest. They are therefore free to champion
the true interests of their fellow citizens. They are an unruly
lot and often hated by judges for such careers are not in the
hands of these judges. And accordingly, the career-ending question
has bounced back with an attitude. It is they who will expose the
pseudo-judicial hucksterism that has so corrupted these earthly
courts.
The founders did not regard themselves as God's equal and
certainly did not believe their work product to be superior to
His. In contrast to today's courts, the framers strove, not to
displace, but to complement the wisdom of the ages. Because the
Wayward Supremes lack the spiritual idealism characteristic of the
founders, they have a great handicap in divining the intent of the
framers.
As the rudderless ship of state runs its course, it has adopted
a moral relativism that is the navigational and mathematical
equivalent of a circular reference. Why? Who benefits from the
absence of a true reference standard? Keep that question uppermost
in your minds as we continue to move forward through these
arguments and as you move forward through your deliberations. |