Home
/
RELIGION & LIBERTY
/
Freedom Undone in the Court
Freedom Undone in the Court
Oct 7, 2024 10:28 AM

There I sat, blinking under the fluorescent lights in the auditorium style classroom during my constitutional law class. I had gone to law school because I wanted to learn how to be a lawyer. I wanted to learn how to “think like a lawyer.” That's what all the marketing brochures from the admissions offices in law schools all over the country promise ing students. I didn't know exactly what it meant to think like a lawyer. I assumed I would be asked to use reason and logic to apply the facts of a particular occurrence to the law that governed such an occurrence. Nothing plicated. I discovered my assumption could not be further from the truth.

The subject was the Fifth and Fourteenth Amendments to the United States Constitution. At least, that was the subject stated in the textbook and repeated by the professor. The real subject was substantive due process rights, which include such things as the 'right' to have an abortion and, now, to engage in homosexual acts. The case law we were studying all cited the Fifth and Fourteenth Amendments as support for their rulings. The problem is that neither the Fifth nor the Fourteenth Amendments say anything whatsoever about substantive due process rights. Then it occurred to me what thinking like a lawyer was all about: I needed to do away with reason and logic and just answer my professor's questions by regurgitating whatever the Supreme Court majority or plurality opinion said. The Constitution was not important, only what the prevailing number of justices said about the Constitution mattered.

I felt tricked. Here I e to school thinking I would get an education on how to be a lawyer, and I ended up being force-fed the personal ideology of my law school professors' favorite Supreme Court Justices. I am reminded of C.S. Lewis' The Abolition of Man. Lewis criticizes a couple of writers—he gives them the pseudonyms Gaius and Titius—of a book on position and grammar. Instead of writing on position and grammar, Gaius and Titius have apparently used this subject as the occasion to advance their own personal philosophical agenda. Lewis writes, “[Gaius and Titius] may be intending to make a clean sweep of traditional values and start with a new set. That position will be discussed later. If it is the position which Gaius and Titius are holding, I must, for the moment, content myself with pointing out that it is a philosophical and not a literary position. In filling their book with it they have been unjust to the parent or headmaster who buys it and who has got the work of amateur philosophers where he expected the work of professional grammarians.” It was like Lewis had sat through my constitutional law class. Where I was expecting the work of professional educators of law, I received the work of biased and amateur philosophers. None of these professors had Ph.D.'s in moral philosophy or anthropology or theology, and yet they were trying to tell me that the Supreme Court rightfully used its substantive due process precedent to define when life begins, to prescribe the times and places that I may or may not pray to God, and to otherwise implement whatever social change the justices thought was necessary.

It's not much better under the fluorescent lights of the courtroom either. In The Supremacists: The Tyranny of Judges and How To Stop It, Phyllis Schlafly exposes certain judges and justices as traitors to their office. She lifts up their robes and lets us see that underneath all the pomp and circumstance sit amateur, undisciplined philosophers more concerned with their political, social, or personal agendas than upholding the Constitution. Schlafly states the issues in the starkest of terms: “The assault by the judicial supremacists against the Constitution and the rule of law is the most serious issue facing our political system today. If unchecked, judicial supremacy will continue to grow like a cancer and destroy our republic” (viii). “Judicial supremacists” is Schlafly's label for those judges who have forsaken their proper role as judges and usurped the legislature's exclusive authority to make law. Judicial supremacists are the activist judges that President Bush has rightly accused of undermining democracy by legislating from the bench and trying to remake the culture of America by court order. While the cancer of the judicial supremacists has not corrupted American society enough to threaten an immediate demise of the republic, Schlafly has not overstated the seriousness of this problem.

Schlafly points that out everything from speech in public about God to U.S. sovereignty, from taxation only with proper representation to fair and impartial elections, even from basic morality mon decency, all these could be wiped away by a judicial supremacist with no more effort than it takes to pound a gavel. Schlafly identifies the seed of this problem being planted in the nefarious and abominable opinion of the Dred Scott case. Although it cited Marbury v. Madison as the primary authority for their activism, the Warren court of the 1950s and 1960s used the reasoning of the Dred Scott case to usher in the reign of judicial supremacy and give us such debacles as Roe v. Wade, Casey v. Planned Parenthood, and Lawrence v. Texas. These judges have set themselves up as tyrants in what is supposed to be the land of the free and the home of the brave.

True to the promise made in her title, Schlafly describes how the United States can get out of this mess. She begins with a brief prelude on the necessity of reforming the Senate rules regarding the confirmation of federal judges. Skeptical that this will not be enough though, Schlafly encourages Congress to step up and use its constitutional power to restrict the courts' jurisdiction over certain kinds of cases, revamp the entire court system under the Supreme Court itself, and restore the balance of power among the three branches of the federal government. In other words, she is calling for plete reworking of our entire governmental infrastructure. While we are at it, we might as well ask Congress to ban all hurricanes ing into Florida. Schlafly's solution is so unrealistic that it is as disheartening as it is disappointing.

Perhaps Schlafly is not to blame though. There does not seem to be any solution that can be justified on the basis of the Constitution other than the major overhaul that Schlafly proposes. Perhaps the subject of judicial supremacy cannot be treated in a manner that will at the very least keep the public from envisioning a sinking ship as the dominant image for the future of the United States. In any event, The Supremacists includes an excellent diagnosis and risk assessment of the problem created by the run-away imperiousness embraced by critical members of the current American judiciary. If you are in the mood for reading about a condition of the American society that will probably outrage you and then leave you pletely impotent to do anything about it, The Supremacists is the book for you.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY
Mistaken About Poverty
Perhaps it is because America is the land of liberty and opportunity that debates about poverty are especially intense in the United States. Americans and would-be Americans have long been told that if they work hard enough and persevere they can achieve their dreams. For many people, the mere existence of poverty—absolute or relative—raises doubts about that promise and the American experiment more generally. Is it true that America suffers more poverty than any other advanced democracy in the...
C.S. Lewis and the Apocalypse of Gender
From very nearly the beginning, Christianity has wrestled with the question of the body. Heretics from gnostics to docetists devalued physical reality and the body, while orthodox Christianity insisted that the physical world offers us true signs pointing to God. This quarrel persists today, and one form it takes is the general confusion among Christians and non-Christians alike about gender. Is gender an abstracted idea? Is it reducible to biological characteristics? Is it a set of behaviors determined by...
Up from the Liberal Founding
During the 20th century, scholars of the American founding generally believed that it was liberal. Specifically, they saw the founding as rooted in the political thought of 17th-century English philosopher John Locke. In addition, they saw Locke as a primarily secular thinker, one who sought to isolate the role of religion from political considerations except when necessary to prop up the various assumptions he made for natural rights. These included a divine creator responsible for a rational world for...
Creating an Economy of Inclusion
The poor have been the main subject of concern in the whole tradition of Catholic Social Teaching. The Catholic Church talks often about a “preferential option for the poor.” In recent years, many of the Church’s social teaching documents have been particularly focused on the needs of the poorest people in the world’s poorest countries. The first major analysis of this topic could be said to have been in the papal encyclical Populorum Progressio, published in 1967 by Pope...
How Dispensationalism Got Left Behind
Whether we like it or not, Americans, in one way or another, have all been indelibly shaped by dispensationalism. Such is the subtext of Daniel Hummel’s provocative telling of the rise and fall of dispensationalism in America. In a little less than 350 pages, Hummel traces how a relatively insignificant Irishman from the Plymouth Brethren, John Nelson Darby, prompted the proliferation of dispensational theology, especially its eschatology, or theology of the end times, among our ecclesiastical, cultural, and political...
Lord Jonathan Sacks: The West’s Rabbi
In October 1798, the president of the United States wrote to officers of the Massachusetts militia, acknowledging a limitation of federal rule. “We have no government,” John Adams wrote, “armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, and revenge or gallantry, would break the strongest cords of our Constitution as a whale goes through a net.” The nation that Adams had helped to found would require the parts of the body...
Spurgeon and the Poverty-Fighting Church
Religion & Liberty: Volume 33, Number 4 Spurgeon and the Poverty-Fighting Church by Christopher Parr • October 30, 2023 Portrait of Charles Spurgeon by Alexander Melville (1885) Charles Spurgeon was a young, zealous 15-year-old boy when he came to faith in Christ. A letter to his mother at the time captures the enthusiasm of his newfound Christian faith: “Oh, how I wish that I could do something for Christ.” God granted that wish, as Spurgeon would e “the prince of...
Conversation Starters with … Anne Bradley
Anne Bradley is an Acton affiliate scholar, the vice president of academic affairs at The Fund for American Studies, and professor of economics at The Institute of World Politics. There’s much talk about mon good capitalism” these days, especially from the New Right. Is this long overdue, that a hyper-individualism be beaten back, or is it merely cover for increasing state control of the economy? Let me begin by saying that I hate “capitalism with adjectives” in general. This...
Jesus and Class Warfare
Plenty of Marxists have turned to the New Testament and the origins of Christianity. Memorable examples include the works of F.D. Maurice and Zhu Weizhi’s Jesus the Proletarian. After criticizing how so many translations of the New Testament soften Jesus’ teachings regarding material possessions, greed, and wealth, Orthodox theologian David Bentley Hart has gone so far to ask, “Are Christians supposed to be Communists?” In the Huffington Post, Dan Arel has even claimed that “Jesus was clearly a Marxist,...
Adam Smith and the Poor
Adam Smith did not seem to think that riches were requisite to happiness: “the beggar, who suns himself by the side of the highway, possesses that security which kings are fighting for” (The Theory of Moral Sentiments). But he did not mend beggary. The beggar here is not any beggar, but Diogenes the Cynic, who asked of Alexander the Great only to step back so as not to cast a shadow upon Diogenes as he reclined alongside the highway....
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved