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Posts by Interposition

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  • Facts on Induced Abortion in the United States

    07/23/2008 7:14:35 PM PDT · 1 of 8
    Interposition
    The Protestants need another reformation. Only this time around, they can’t blame Catholics for the greatest evil. Protestants appear to be long on argument (KJV vs. other translations) and short on application; or the Catholic version is more consistent with God’s Word. One thing is for certain, Luther and Calvin were far more Catholic in their view of abortion than wanton Protestants murdering their own children.[1] [2] [3]


    Psalms 51:5 – “Look, I was guilty of sin from birth, a sinner the moment my mother conceived me.” The Net Bible has an exegetical note on that verse:[4]


    14 tn Heb “Look, in wrongdoing I was brought forth, and in sin my mother conceived me.” The prefixed verbal form in the second line is probably a preterite (without vav [ו] consecutive), stating a simple historical fact. The psalmist is not suggesting that he was conceived through an inappropriate sexual relationship (although the verse has sometimes been understood to mean that, or even that all sexual relationships are sinful). The psalmist’s point is that he has been a sinner from the very moment his personal existence began. By going back beyond the time of birth to the moment of conception, the psalmist makes his point more emphatically in the second line than in the first.

    Any philosophy disassociating being from person is diametrically opposed to Psalm 51:5.[5] [6] [7] [8] [9] [10] [11] [12] Person is concurrent with, not subsequent, or prior to, being.[13] Every philosophy against that objective fact is an arbitrary artifice based solely on man-made subjective criteria that can be used to dehumanize murder victims. Americans are no less guilty than Nazis for exterminating millions made in the image of God (Gen. 9:6).[14]


    Tertullian, in De Anima 27, acknowledged special revelation: “Now we allow that life begins with conception because we contend that the soul also begins from conception; life taking its commencement at the same moment and place that the soul does."[15] Delayed ensolument – quickening - animation resulted from Aristotle’s imprecise conclusions from general revelation.[16] Christians must jettison the imprecise; and hold fast to the precise truth.

    The 2007 Summer edition of Human Life Review precisely narrows the time frame of the incipient stage for a new human being: “The event at which a new, unique person is formed and personhood is gained is the event wherein a genetically unique, one-celled human is formed. This event occurs no earlier than when a human sperm penetrates the zona pellucida of a human ovum during the fertilization process, creating a one-celled human who possesses a full complement of human DNA, and occurs no later than when that first cell begins the process of mitosis to divide into two cells.” [17] This event is significantly prior to implantation; and clearly demonstrates that abortificants preventing implantation of nascent humans being is tantamount to chemical warfare. Societies tolerating this barbarism forfeit any claim to Judeo-Christian civilization, notwithstanding songs, mottos, and pledges to the contrary.


    What does “viability” have to do with anything? The 1973 Roe v. Wade majority opinion lacks viability outside the womb of the corrupt courtroom that illegitimately spawned the chimerical text.[18] [19] [20] [21] Texas should have insisted that Congress never gave the court jurisdiction to hear the case in the first place. Federal courts are totally dependent on the President to bring their anti-Constitutional opinion to term and unleash it against the States. The United States President can join a minority opinion of one, or none and make a majority by the Constitutional prerogative of executive review.[22] [23] If the President can keep a Congressional opinion from becoming law by a veto, he can certainly keep a majority opinion that is not law from being enforced.[24] A President is under no conscionable, moral or legal mandate to enforce an anti-Constitutional opinion. The Tenth Amendment,[25] [26]listed twice in the mission statement of Free Republic @ About Free Republic, gives this prerogative to each State of the Union. If members of this forum do not support that principal, who will?


    Viability” isn’t the only occurrence of gross conceptual error about the Court. Planned Parenthood v. Casey did not give states the “right” to do anything. States have powers, not rights.[27] They have a right to exercise those powers given by the people, not by a court![28] Only those made in the image of God (Gen. 9:6) have rights expressed in the Declaration of Independence.[29] Government is granted power to secure those rights.[30] The protection of human life is one of the paramount duties of state government. Any court opinion violating that power is void! The 30 states with unenforced abortion laws should not delay their enforcement another day![31]


    Murder, in cases of rape or incest, is still murder. 36 states have fetal homicide laws based on the same propositions that abortion is murder.[32]


    Federal courts took 4 words, “due process and equal protection,” from an obsolete Amendment[33][34] and annihilated the Construction.[35] One thing children in adult bodies[36] on federal courts[37] do not need is more words to play around with. They need less jurisdiction,[38] not more words. The only thing that needs amending is the pro-life electorate’s attitude about the text and internal logic of Constitution. Politicians will follow that amended lead, or get out of the way of the ones that do.


    [1] http://www.ctsfw.edu/library/files/pb/1545 On this point John CALVIN in his interpretation of Psalm 51 is in AGREEMENT WITH LUTHER. The word "conceived" (yechemathni, derived from yacham or chamam, which mean "to warm7') is interpreted by him literally as "hath warmed herself of me," here with reference to procreation.2 Calvin continues: The passage affords a striking testimony in proof of original sin entailed by Adam upon the whole of humanity. It not only teaches the doctrine, but may assist us in forming a correct idea of it . . . the Bible, both in this and other places, clearly attests that we are born in sin, and that it exists within us as a disease fixed in our nature. David does not charge it upon his parents, nor trace his crime to them, but sits himself before the Divine tribunal,. confesses that he was formed in sin, and that he was a transgressor ere he saw the light of this world.On the basis of Scripture, then, we need to stress that the baby from the time of conception is a sinful human being and thus is born with sin. We need to stress, in the teaching of this doctrine, sin from the time of conception and not only from the time of birth. Sometimes we tend to be unclear on this matter.


    [2] http://www.lifeoftheworld.com/believe/abortion.php The Law of God reveals their sin to them and they feel guilt and great sorrow, and they begin to wonder what can be done about it or if there is any hope at all. The woman who has had an abortion needs to hear that for this sin too the blood of Jesus Christ was shed, and that there is in Him now full and free forgiveness.


    [3] http://arizonarighttolife.org/userfiles/File/Abortion_and_the_Law_1.pdf "The fetus, though enclosed in the womb of its mother, is already a human being and it is a most monstrous crime to rob it of the life which it has not yet begun to enjoy. If it seems more horrible to kill a man in his own house than in a field, because a man's house is his place of most secure refuge, it ought surely to be deemed more atrocious to destroy a fetus in the womb before it has come to light" - John Calvin – Protestant Reformer - (1509-64) - Commentarius in Exodum, 21,22) HINT TO McCain: this is from ARIZONA Right to Life.


    [5] http://www.ccel.us/Swindoll.chap1.html One of the most capable linguistic authorities I have ever met — a Hebrew scholar par excellence — is Bruce Waltke (a Ph.D. from Harvard University) and one of my mentors during my seminary years. He writes of this Psalm 51:5 passage rather clearly, first quoting from Edward R. Dalglish's authoritative work on Psalm 51: In Psalm 51:5, the psalmist is relating his sinfulness to the very inception of life; he traces his development beyond his birth . . . to the genesis of his being in his mother's womb — even to the very hour of conception. 8 Dr. Waltke then adds: . . . in tracing his spiritual condition to the time of conception, David goes on to note that already in his fetal state the moral law of God was present in him. http://www.abortionfacts.com/online_books/cplbo/AbortionandtheXian.Chap4.asp Professor E.R. Dalglish, in his authoritative work on Psalm 51, comments, "In Psalm 51:7 [English v. 5] the psalmist is relating his sinfulness to the very inception of life; he traces his development beyond his birth to the genesis of his being in his mother's womb -- even to the very hour of conception."[9] In confessing his personal guilt for his adultery with Bathsheba, David traces his involvement with sin to the very beginnings of his existence. This application of moral and spiritual categories to David as a conceptus suggests a relationship to God and the moral law even in his embryonic state.  In the next verse David goes on to confess that already in his mother's womb the moral law of God was present with him. According to the King James Version the text of Psalm 51:6 reads, "Behold, thou desirest truth in the inward parts: and in the hidden part thou shalt make me know wisdom." Waltke, following the suggestion of Dalglish, argues that the Hebrew words rendered "inward parts" (tehoth) and "hidden part" (satem) properly refer not to David's body, but rather to his mother's womb.[10] This interpretation is supported by the close connection of verse 6 with verse 5,


    [6] Bruce K. Waltke, "Reflections From The Old Testament On Abortion," Journal of the Evangelical Theological Society 19.1 (1976): 3-13. Finally, Psalm 51:5 f. (7 f. Hebrew) in particular supports the notion that at the time of conception man is in a state of sin and that man’s spiritual, moral faculty is already present in the fetus. If this exegesis of Psalm 51:5 f. is correct, and to the best of my knowledge it is, then it seems an inescapable conclusion that the image of God is already present in the fetus. No evangelical would deny that a baby is a human being and that it is made in the image of God, that is, that it has the capacity for spiritual, rational and moral response. The question, then, is, “Does the fetus have that capacity?” The answer of Scripture is that it does and that this capacity was already present at the time of conception.


    [7] J. Carl Laney, "The Abortion Epidemic: America's Silent Holocaust," Bibliotheca Sacra 139: 556 (1982): 342-354. David traces the origin of his sin with Bathsheba to his own conception: “Behold I was brought forth in iniquity, and in sin my mother conceived me” (Ps 51:5). The “iniquity” and “sin” referred to here are David’s.31 David is relating his sinfulness to the very inception of his life—before birth. This indicates that the moral law of God was already present and operative in David in his prenatal state. Since Scripture attributes moral guilt to David as an unborn child, a strong likelihood exists that he was human before birth.


    [8] http://homepage.mac.com/francis.beckwith/bibsac.pdf A Critical Appraisal of the Theological Arguments for Abortion Rights. Bibliotheca Sacra 148 (July-September 1991): 337-355. Psalm 51:5 does clearly state that it was David who came into existence at conception. Second, even if this passage were claiming that the unborn are potential sinners, this would still imply that the unborn are actual human persons, since only actual persons can be potential sinners, just as only actual persons can be potential violinists, philosophers, basketball players, or deli managers. And third, the passage is not saying that David, as a zygote, performed a sin, but rather, that he was CONCEIVED A SINNER BY VIRTUE OF BEING ADAM’S DESCENDANT. That is to say, Adam’s sin nature is passed on to all who share his human nature. But this supports the pro-life position, for, as Geisler points out, “the very fact that humans are declared sinners from conception reveals that they are human, that is, part of the fallen human race. It is only by virtue of being part of the Adamic human race that we are conceived in sin (see Rom 5:12).”


    [9] http://www.leaderu.com/orgs/probe/docs/sanctity.html Psalm 51:5 says, "Behold I was brought forth in iniquity, and in sin my mother conceived me." David is not suggesting that he was born as the result of a sinful relationship. What he is saying is that from the time he left his mother's womb, even from the moment he was conceived, he was a sinner. David, therefore, was not some amorphous blob of tissue at conception, but a spiritual being with a sin nature. Some may object that I am using a modern day definition of conception and applying it to a 3,500-year-old text. However, conception was recognized as the beginning of life. They understood that the seed of the man needed to be combined with the seed of the woman and out of that union, a new life was brought forth. While our technical knowledge may be more precise, the idea is still the same.


    [10] http://www.apuritansmind.com/Apologetics/McMahonHumanBeingsAndAbortion.htm Psalm 51:5 states, “Behold, I was brought forth in iniquity, and in sin my mother conceived me.” King David, in this psalm on penitence, first states that “I” was “brought forth.” The Hebrew word is chuwl in the Pulal, and is in the perfect mood or tense. Literally it refers to being “made” in iniquity, and is first person. David is speaking of himself – that “he” had a relationship with God, in sin, IMPUTED to him, AT THE MOMENT HE WAS CONCEIVED or shapened in the womb. In chet (sin) David was yacham (conceived). He had a relationship with God from the moment the egg was fertilized by the sperm. At that point, David can say “I” apart from both his father and his mother at the point of conception. David is not his mother at the moment he is conceived. From that point the comparison of numeric cells between David’s mother and David himself is irrelevant. David, at conception, is his own person – he is a human being.


    [11] http://www.probe.org/content/view/1142/47/ The psalmist states that he was a spiritual being from the point of conception. This isn't saying that he sinned while in the womb, but that he recognizes that from the earliest part of life, he was a sinner.


    [12] http://www.bmei.org/brmm/vol09no6.php The Bible is clear that individual human life begins at conception (Genesis 4:1, Psalm 51:5, Luke 1:31) and that it is a special work of God's design (Psalm 139:13-15). God even plans the creation of individuals and their life's work before they are born (Psalm 139:16-18, Jeremiah 1:5).


    [13] http://www.l4l.org/library/falassum.html This means that if we are persons with the right to be free from aggression later in life, we are persons even at conception. http://www.l4l.org/library/someinfo.html As libertarians, LFL's interest in the abortion debate is in everyone's unalienable rights. LFL's reasoning is philosophical, not religious. Some LFL associates are religious; others, such as Gordon, are atheists.


    [14] http://www.jewsforlife.org/Bonfire-News.cfm Between Two Holocausts, By Bonnie Chernin Rogoff, Founder, Jews For Life


    [16] http://www.catholicintl.com/epologetics/articles/pastoral/1973.htm But the idea of a delayed ensoulment did not start with Aquinas. Although the Aristotelian influence on Aquinas led him to entertain the 40-80 day waiting period, Platonic philosophy stemming from St. Augustine also seemed to lend credence to the idea.


    [17] http://www.humanlifereview.com/2007_summer/Summer_2007_Review_Horne1.pdf Through all of human history it was always the human DNA that endowed

    those who possessed it with their membership in the human species. 15 Human DNA is the component of each human that makes him or her a person, regardless of the many and varied definitions of when life begins.


    [18] http://judiciary.house.gov/legacy/2187.htm A confession by the principal author of the most infamous decision in this century, and perhaps after Dred Scott, ever, revealing that arbitrary choice -- not discernment of the law of the land -- accounts for the result in Roe. Law, legal history, constitutional allocations of power, all ignored. The abortion right derives not from background principles of common law; not in the first principles of our constitutional republic; not as a result of careful parsing of constitutional text. The application of lethal force to the innocent unborn can be found neither in the records of the drafting of the 14th amendment, nor the accounts of that amendment's ratification. The respect due the structural reservation of health, safety and moral questions to the states under the 10th amendment was forsaken as well.


    [20] http://www.rnclife.org/faxnotes/2001/jan01/01-01-19.html Roe v. Wade is a settled case, but it is not settled law. In fact, no law has been passed that makes abortion legal in this country.


    [22] http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/ President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.

    [23] http://www.firstthings.com/article.php3?id_article=442 Lincoln on Judicial Despotism, by Robert P. George, 2003 First Things (February 2003).


    [24] http://www.peroutka2004.com/schedule/index.php?action=itemview&event_id=189 Thus, under my presidency, Roe v. Wade will not be enforced, and the member states of the Union could again open their criminal codes and begin the prosecution of the doctors and parents who would contract for the murder of an unborn child without fear of reprisal from the Chief Executive.


    [25] http://media.peroutka2004.com/print/stw_butcher.pdf Standing Between the Butcher and the Baby


    [26] http://www.visionforumministries.org/issues/life/the_first_100_ways.aspx The First 100 Ways Ending ‘Legal’ Abortions by Herbert W. Titus, J.D., January 21, 2003


    [27] http://www.yale.edu/lawweb/avalon/federal/fed39.htm The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national.


    [28] http://www.freerepublic.com/focus/f-news/2046068/posts the Framers believed that the true bulwark of liberty was limited government. Few students comprehend the crucial distinction between (on the one hand) the national government as one of delegated and enumerated powers, and (on the other) the states as governments of general jurisdiction, exercising police powers to protect public health, safety, and morals, and to advance the general welfare.


    [29] http://www.freerepublic.com/focus/f-news/2043615/posts Creation, The Declaration Of Independence, And The History Of "Unalienable Rights" Book Review


    [30] http://www.freerepublic.com/focus/f-news/2041235/posts Government has no power, except that which we the people have delegated to government through the Constitution of the United States. If the question of constitutionality of a certain governmental action is at stake, it is not incumbent upon the citizen to say to the government, "Where in the Constitution does it say this can't be done? The responsibility is on the federal official to show where in the Constitution it says it can be done. Unless that power has been delegated to the federal government somewhere in the Constitution, the federal government does not have that power. The Bill of Rights is about individual rights, not state rights.


    [31] http://www.thenation.com/blogs/notion?pid=66440 According to a 2004 survey by the Center for Reproductive Rights, abortion could quickly become illegal -- either through the reanimation of now dormant laws or the rapid passage of new bans -- in as many as 30 states if the Supreme Court were to overturn Roe v. Wade ruling. http://www.foxnews.com/story/0,2933,134530,00.html 30 States Ready to Outlaw Abortion Tuesday, October 05, 2004


    [33] http://www.freerepublic.com/focus/f-news/2048196/posts It is a common mistake to habitually interpret the entire Constitution through four words,[21] “due process” and “equal protection” in the obsolete Section 1 of the Fourteenth Amendment.[22] No former slaves are alive; 2) the 13th Amendment prohibits reinstitution of slavery; 3) blacks who owned slaves were citizens of their respective states prior to the 14th Amendment.[23] : “On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed."[24] This sound exegetical principal applies to the 14th Amendment. 


    [34] http://www.lewrockwell.com/kinsella/kinsella11.html First, the Fourteenth Amendment was unconstitutionally ratified. Second, the Due Process clause was never intended to "incorporate" the rights in the Bill of Rights. It simply makes no sense that it would have: the Bill of Rights, as noted above, was simply a safety measure to ensure that the federal government would not exceed its limited powers. The First Amendment itself says "Congress shall make no law…". How could a limitation on Congress’s power be applied to the states? Moreover, the Courts have had to resort to the ridiculous doctrine of "substantive due process," as distinct from "procedural due process." How can due process not be merely procedural? Third, the Fourteenth Amendment and the Incorporation Doctrine that it spawned have eroded the vertical balance of powers between the states and the central government that was put originally in place so that the states would serve as checks on central tyranny.

    [35] Michael Stokes Paulsen, The Worst Constitutional Decision of All Time, 78 Notre Dame L. Rev. 995 (2003) AND http://www.aei.org/publications/filter.,pubID.18112/pub_detail.asp

    Constitutional law, in the sense of judicial decisions that are guided--at least in aspiration—by the text, structure, and logic of the written Constitution, is dead. It has been replaced, often as a matter of explicit doctrine, with subjective judicial impressions of popular sentiment or political utility.


    [36] “We’re just babies making up a game, if you’re right. But [five] babies playing a game can make a play-world which licks your real world hollow.” --Puddleglum, in C.S. Lewis's Narnia book The Silver Chair.


    [37] http://www.wallbuilders.com/LIBissuesArticles.asp?id=1464 Five Judicial Myths. Talking Points About the Judiciary. Despite what we hear today . . .


    [38]http://www.freerepublic.com/focus/f-news/2042168/posts the Sanctity of Life Act (H.R. 2597) and the “We the People Act” (H.R. 300)

  • College prof fired over homosexuality nature-nurture discussion

    07/22/2008 9:05:34 PM PDT · 1 of 22
    Interposition

    What is heredity’s impact on murder, arson, child molestation, terrorism, rape, and theft? What’s wrong with answering a question with a question in a society that loves talk and hates the truth of The Christian Confronted by Homosexuality.1


    State governments should adhere to Chief Justice Berger’s remarks:2


    I join the Court's opinion, but I write separately to underscore my view that, in constitutional terms, there is no such thing as a fundamental right to commit homosexual sodomy.
    As the Court notes, ante at 192, the proscriptions against sodomy have very "ancient roots." Decisions of individuals relating to homosexual conduct have been subject to state intervention throughout the history of Western civilization. Condemnation of those practices is firmly rooted in Judeo-Christian moral and ethical standards. Homosexual sodomy was a capital crime under Roman law. See Code Theod. 9.7.6; Code Just. 9.9.31. See also D. Bailey, Homosexuality [p197] and the Western Christian Tradition 70-81 (1975). During the English Reformation, when powers of the ecclesiastical courts were transferred to the King's Courts, the first English statute criminalizing sodomy was passed. 25 Hen. VIII, ch. 6. Blackstone described "the infamous crime against nature" as an offense of "deeper malignity" than rape, a heinous act "the very mention of which is a disgrace to human nature," and "a crime not fit to be named." 4 W. Blackstone, Commentaries *215. The common law of England, including its prohibition of sodomy, became the received law of Georgia and the other Colonies. In 1816, the Georgia Legislature passed the statute at issue here, and that statute has been continuously in force in one form or another since that time. To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.
    This is essentially not a question of personal "preferences," but rather of the legislative authority of the State. I find nothing in the Constitution depriving a State of the power to enact the statute challenged here.

    It's hard to imaging a movie star quoting anything but their lines. Chuck Norris is an exception:3


    Is encouraging or teaching about homosexuality what our forefathers expected for the public education they founded? Even the most liberal among them opposed it. For example, Thomas Jefferson drafted a bill concerning the criminal laws of Virginia, in which he proposed that the penalty for sexual deviance should be unique corporal punishment. Jefferson's views were indeed representative of early America.
    "Whosoever shall be guilty of rape, polygamy, or sodomy with man or woman shall be punished, if a man, by castration, if a woman, by cutting thro' the cartilage of her nose a hole of one half inch diameter at the least" (Bill 64, 1779). Can you imagine a statesman proposing such a law today?

    Marshall Kirk and Hunter Madsen abolished God’s view on the abomination.4 So, no one will bother listening to the Constitution, Berger, or even Jefferson, when he is quoted by a movie star.


    If professors are game for sodomites, what will stop them from hunting preachers? One thing is for certain, Americans won’t!


    1http://www.chalcedon.edu/articles/0308/030812marc.php This is the “death in the city” of Francis Shaeffer, the “city of the dead “of Jan Marejko’s technocosmos, the “culture of death” of John Paul II. We are not here simply confronted by the immorality of man’s revolt against God’s commandments, nor by an amoral indifference to divine laws. But here we have to do with fixed disorder, the anti-natural structure of a homosexual society which is blindly hurtling towards God’s inescapable judgment.

    4http://www.amazon.com/After-Ball-America-Conquer-Hatred/dp/0452264987 After the Ball: How America Will Conquer Its Fear and Hatred of Gays in the 90's (Paperback)

  • SCALIA THE ENEMY

    07/21/2008 11:45:01 PM PDT · 89 of 90
    Interposition to Mrs. Don-o

    I really appreciate your numerous, accurate posts on this thread:


    Your post #76 about "double effect" should help many folk. It seems self-evident; but a few need the concept illustrated in an analogy they can relate to. And even then, they need time to think it over. The difficulty seems related to a hands-off God’s Will policy, where both must share life or death. They think "double effect" is related to situational ethics; and in a moment of crisis, make a regretful decision.

    Your post #77 about the A.M.A work was referenced in post #88, note 2 on this thread.

    And your post #79 “in ventre sa mere” has a pro-life article with that phrase in the title. 1


    The candid citizen must admit your lifesaving & mind-changing posts are pro bono publico! May your tribe increase exponentially and your opposition convert, or decrease by the same order of magnitude.


    1 http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51345 The unalienable right to life in ventre sa mere "An infant in ventre sa mere, or in the mother's womb, is supposed in law to be born for many purposes." – Sir William Blackstone, "Commentaries on the Laws of England," Vol. I, p. 126 (1765)

  • SCALIA THE ENEMY

    07/21/2008 10:02:52 PM PDT · 88 of 90
    Interposition to cpforlife.org; MHGinTN; Dan Middleton
    1FRiends I am linking to the actual article that is referenced here .
    1. We want to change the culture and “the lawsbut it seems to only get worse.

    2. 3.Now public schools are lost.

    3. 4.NO CATHOLIC SCHOOL SYSTEM that I have looked at teaches in any serious way what the Church itself has taught since the time of the Apostles on the sanctity of the life of the PreBorn. I’ve looked into many Protestant school systems and found the same thing. Catholic and Protestant schools could have turned this culture around if they would have begun comprehensive Pro-Life education Pre-K through 12th grade. But I’ve found only a handful nationwide.

    4. I’ve spent many years making this very program and it’s free at my website. Sadly, i’ve visited many school systems with no real success.

    5. Unless and until a sizable number of future voters are steeped in the Traditional Christian teachings on the sanctity of life marriage and family we will not win.

    1. I go into more depth on this in THE MISSING KEY OF THE PRO-LIFE MOVEMENT with links to my free Respect Life curriculum which you can use at home or bring to your school and try having it used there. If you do I’d appreciate feedback.


    Those are excellent points of light. The following only addresses the first three points of light.


    It is far more difficult to persuade pro-lifers to believe the Constitutional text than it is to get pro-murderers to convert to pro-life. They have been led to believe that text is beyond comprehension; because no matter how many times they read it, it hardly matches court majority opinion. Obviously, the demigods in black robes must be geniuses; and anyone disagreeing with majority opinion is a dolt. Pro-lifers are weary of the anti-abortion stigma, and have no desire to bear the additional burden of illiteracy.


    The link in point #1 is most informative. It contains several salient points. Rehnquist stated, "the drafters did not intend to have the Fourteenth Amendment withdraw from the states the power to legislate with respect to this matter [i.e., abortion]." Every pro-lifer should be in agreement with Rehnquist; because the documentation noted in post one of this thread removes all reasonable doubt about Rehnquist’s statement. This fact has been well known for decades; but politicians fail to act upon it. Their failure to act is caused by pro-life’s failure to demand action!


    Consider what these judges are telling the President, Congress and each State in the link you posted:


    • Justice White stated that "this issue [i.e., abortion], for the most part, should be left with the people and the political processes the people have devised to govern their affairs."

    • In his brief dissent in Carhart, Justice Scalia stated that "the Court should return this matter to the people—where the Constitution, by its silence on the subject, left it—and let them decide, state by state, whether this practice should be allowed."

    • And in dissenting from the Court’s decision to strike down the Nebraska partial-birth abortion ban, Chief Justice Rehnquist and Justices Scalia and Thomas once more urged that the issue of abortion be returned to the states.


    On post 21 of this thread, Dan Middleton quoted his late uncle: “The perfect is the enemy of the good.” The Tenth Amendment is the pro-life Amendment for the 30 states with unenforced abortion laws. [1] cpforlife.org made a very good point elsewhere: The perfect demand all or nothing at all. It’s every state or no state. Obviously, that’s not a good idea. In fact, it is antithetical to one of Free Republics stated mission goals on the About Free Republic webpage: “The preservation and complete restoration of our Constitution and Bill of Rights with special emphasis on the first, second, fourth, fifth, sixth, ninth and tenth amendments and, of course, our right to life, liberty and pursuit of happiness -- free of government intervention….A return to a strictly Constitutional form of federal government will automatically repeal and abolish all unconstitutional federal involvement in states issues such as: crime, health, education, welfare and the environment. The Tenth Amendment will again be in effect, which will bar all federal attempts at legislating social issues.” Jim Robinson hasn’t given up on the Constitution. They are not just a jumble of meaningless words. They were written in a day when “the pen was mightier than the sword.” When that is no longer true, you have Mao’s dictum: “Power flows through the barrel of a gun." The day when a gun has to do the job that words once did is point of no return for a nation. One way to hasten the transition from Penn to Mao is to continue disregarding those words millions have died for.


    Another objection is that women would just cross state lines, until they arrived in a murder state. Does the fact that they will obtain them in another country, or illegally in this country after passing an amendment preclude the argument for an amendment? There is an underlying, unstated theme that ties objections of this nature together. Vote for the smiley face whose anti-Constitutional actions contradict their pro-life rhetoric; because that’s what we have always done. They have told us that the only options are amendment or appointment of federal judges; and to keep voting for them. And don't forget to work on that culture while you are promoting us for office.


    36 states have fetal homicide laws based on the same facts that abortion is murder! Why do pro-lifers refuse to acknowledge this? Why do they refuse to acknowledge that the liar, Blackmum, lied about the inability to discover the onset of life?[2] Why do they refuse to acknowledge that a court opinion repugnant to the Constitution is VOID? Why do they disregard the fact that the paramount duty of state government is includes the protection of human life? Why to they reject the fact that state officials take an oath to the Constitution, not a court’s opinion of it. Why do they refuse to acknowledge that nullification of a state´s properly promulgated laws is specifically delineated as an offense committed by King George against the states, for which separation became necessary via The Unanimous Declaration of the thirteen united States of America.


    Point #2 only applies to the minority of states without abortion laws. Education is overflowing out of every bodily orifice in the majority of states; else they would not have fetal homicide laws and unenforced laws against abortion. The problem is a lack of Constitutional WILL POWER. The reason the situation is getting worse must be blamed on voters electing politicians who refuse to abide by their oath of Office. If education has any part to play, it must focus on the pro-life electorate’s susceptibility to the lie that politicians must kowtow to an errant court.[3] BUSH proved that to be LIE![4] Lincoln proved it to be a LIE. Jackson proved it to be a LIE! Why do pro-lifers refuse to follow their lead to the simple Constitutional truth? "In questions of power, then," Jefferson declared in his draft of the Kentucky Resolution, "let no more be heard of confidence in man but bind him down from mischief by the chains of the Constitution." Further, "Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of powers which that instrument gives."[5]


    Point #3 Christians should have anathematized those pagan temples and forced Reagan to live up to his promise to abolish the Dept of Cultural Transformation via Pagan Indoctrination. [6] They sowed to this wicked institution; and the reaping will be in the weeping after this election. This is the point that may have already put this nation in a position where tyranny will experience little to no resistance.


    You can not beat something with nothing in the political arena; but pro-lifers have entered that arena decade after decade thinking they can. How many take a copy of the Constitution with them so they can refute the idiot opinions against it. Politicians need to be interrogated about the Constitution. The instant they start quoting some opinion contrary to the Supreme law of the land, they should be politely told to wise up, or take a very long walk off a very short pier. If the electorate never does this, it's not going to magically happen.

      

     [1] http://www.peroutka2004.com/schedule/index.php?action=itemview&event_id=236 Standing Between the Butcher and the Baby August 01, 2004

     [2] http://www.amazon.com/Who-Chooses-American-Reproductive-History/dp/0813031990 In 1860, the American Medical Association launched a campaign to convince state legislatures to prohibit abortions. RESOLVED, That, while physicians have long been united in condemning the procuring of abortion at every period of gestation, except as necessary for preserving the life of either mother or child, it has become the duty of this Association, in view of the prevalence and increasing frequency of the crime publicly to enter an earnest and solemn protest against such unwarrantable destruction of human life. Source: Records of the Rhode Island Medical Society, Rhode Island Medical Society Library, Providence, Rhode Island http://machaut.uchicago.edu/?resource=Webster%27s&word=gestation&use1828=on Displaying 1 result(s) from the 1828 edition: GESTATION,n. [L. gestatio, from gero, to carry.] The act of carrying young in the womb from conception to delivery; pregnancy.

     [3] http://www.freerepublic.com/focus/f-news/1290860/posts KRAMER ENDS THE BOOK with a call for ordinary citizens to "lay claim to the Constitution ourselves." He suggests that we must censure judges rather than submissively yielding to whatever the Supreme Court decides. As for more concrete actions, Kramer does note that judges can be impeached, the Court's budget cut, and the Court's jurisdiction curtailed. But, unfortunately, he spends little time developing these themes. http://www.traditionalvalues.org/pdf_files/JudicialSupremacy.pdf The Founding Fathers never meant to give federal courts ultimate power. http://www.wallbuilders.com/LIBissuesArticles.asp?id=1464 Five Judicial Myths : Talking Points About the Judiciary:Despite what we hear today . .

     [4] http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/ President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.”

     [5] http://www.fee.org/Publications/the-Freeman/article.asp?aid=1138 Judicial Monopoly Over the Constitution: Jeffersons View By Clarence B. Carson. Who, then, does decide constitutional questions? Let us leave to the side for the moment how they may be ultimately decided, so far as they ever are, in order to get to Jefferson’s intermediate answer. So far as the Federal government is concerned, each of the branches—and in the Congress, each of the houses—decides for itself in matters that come before them. “The constitution has,” Jefferson pointed out, “wisely made all the departments co-equal and co-sovereign within themselves.”[16] What I have been describing is a system of checks and balances, a system in which no branch has a monopoly of interpretation, in which any branch with a will can work to restrain the others. It is a system of limited government, limited toward the branch which most strictly construes the Constitution. Jefferson hoped that clashes between the branches over the Constitution could be avoided. To that end, he recommended that each branch refrain from approaching too near to the bounds of its powers. That would tend to limit government even more and give room for the liberty of the people, which he thought was the greater end of government.

     [6] http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=41802 The federal Department of Education was made a part of the president's Cabinet by new world order facilitator Jimmy Carter. Prior to that, America had the finest education system in the world. In 1980, Ronald Reagan promised that, if elected, he would get this unconstitutional department abolished. http://www.americanthinker.com/2007/02/cultural_marxism.html Cultural Marxism

     

  • Exploring the Social and Cultural Impact of the Internet: Five Visions

    07/21/2008 7:02:02 PM PDT · 1 of 4
    Interposition
    Once upon a time, “the Rightwing Net” was considered part of a vast right-wing conspiracy, by a morally challenged liberal-winged reincarnation of Jezebel – the First Lady to take off on the wicked witches’ feminist broom and land in a U.S. Senate seat. Unlike, “the early 20th century's most famed aviatrix,” [1]her return approach to the White House was as a confirmed foe by IFF radars on both sides of Bipartisan Isle. A close encounter of that nightmarish kind was too close for Southern Comfort to chase. Are their any actions to prevent recurrence after McCain or Obama rides it to victory? The broom’s tank, full of feminist gas,[2] will be ready to go again within the next four years, unless it gets punctured by “the Rightwing Net.”


    Washington’s 1796 Farewell Address contained some key concepts:[3]


    Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked: Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice ? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.

    If God can save the king, the queen of feminists is within His reach. Hillary, like Obama and McCain, found religion, but they lost the morality expressed by Washington, The Declaration of Independence, Constitution and Romans 13. The Republican National Coalition for Life[4] and Jim Robinson[5] proved beyond a reasonable doubt that McCain’s only regard for the Constitution is contempt; and that Obama’s is no better. Religion excised of morality is a dangerous idea with devastating consequences. If hypocrites crucified Christ, what will they do to His examplaries?

     

    What sets these two members of the “the Rightwing Net” apart from nearly all the rest? The Republican National Coalition for Life has a mission to “protect and defend the Republican Party's principled commitment to legal protection for all innocent human beings, from conception until natural death.” [6]

     

    Free Republic[7] is “determined to return the Constitution to its rightful place as the Supreme Law of the land as the Founders intended. The preservation and complete restoration of our Constitution and Bill of Rights with special emphasis on the first, second, fourth, fifth, sixth, ninth and tenth amendments and, of course, our right to life, liberty and pursuit of happiness -- free of government intervention.”

     

    They have written goals that are antithetical to McCain/Obama/Hillary. The remainder of “the Rightwing Net” adopted a different goal: "If You Don't Know Where You're Going, Any Road Will Get You There." As long as they can chatter, during their rapid transit down the road to perdition, they are content to remain oblivious about their final destination. Their claim to be conservative has too much evidence to refute. They conserve every anti-Constitutional policy liberals spontaneously generate from truth decay:[8]

     

    [Its] history has been that it demurs to each aggression of the progressive party, and aims to save its credit by a respectable amount of growling, but always acquiesces at last in the innovation. What was the resisted novelty of yesterday is today one of the accepted principles of conservatism; it is now conservative only in affecting to resist the next innovation, which will tomorrow be forced upon its timidity and will be succeeded by some third revolution, to be denounced and then adopted in its turn. American conservatism is merely the shadow that follows Radicalism as it moves forward to perdition. It remains behind it, but never retards it, and always advances near its leader. This pretended salt hath utterly lost its savor: wherewith shall it be salted? Its impotency is not hard to explain. It is worthless because it is the conservatism of expediency only, and not of sturdy principle. It tends to risk nothing serious for the sake of truth.

     One blog is worth an honorable mention. Stiff Right Jab - [9] Finally, our parent organization is The Center For Moral Liberalism,[10] where our mission statement calls for the promotion of the Judeo-Christian ethic, limited government, and the American way. The focus here, perhaps more than anywhere else, will be principle centered, and over time, reflect some of the best scholarship and thinking in the country. And so, if you like to dig deep, this will be the place.

     

    If a mission statement makes a difference, then the remainder of “the Rightwing Net” should find one that is noticeably different from the Final Solution of the Leftwing Nuts.

     

    [1] http://www.thestar.com/News/Ideas/article/451270 A U.S. film crew was recently shooting a movie here about Amelia Earhart, starring Hilary Swank, with Toronto standing in for New York.

     [2] http://www.eagleforum.org/psr/2002/dec02/psrdec02.shtml The feminist movement has had an immense effect on American culture, laws, education and social relationships. A principal tenet of the doctrine of Political Correctness, feminism is the prevailing dogma on university campuses and in the book industry. The feminists are powerful enough in the media, in schools and colleges, and in politics and government to intimidate most of their opposition, especially men. http://voxday.blogspot.com/2005/11/feminist-trajectory.html I've noticed that feminists tend to follow a certain trajectory over time:18-27 - arrogant and angry 27-35 - confident, but increasingly concerned 36-45 - privately resigned, but publicly chipper 46-55 - brittle and desparate 56+ - openly sad but not always wiser

     [4] http://www.rnclife.org/reports/2006/spring/ “But certainly in the short term, or even in the long term, I would not support repeal of Roe v. Wade, which would then force X number of women in America to (undergo) illegal and dangerous operations,” said John McCain as reported in the San Francisco Chronicle on August 20, 1999. He justifies abortion for babies conceived through rape or incest, a position requiring abortion remain legal. A Republican victory requires a committed, dedicated, pro-life, philosophical conservative standard-bearer, whose ideas strongly contrast with Hillary’s liberal/socialist world view. John McCain does not fit that description. http://www.rnclife.org/faxnotes/2008/jan08/08-01-16.html John McCain supports abortion for babies conceived through rape or incest and is an outspoken supporter of embryonic stem cell research, having voted to extend federal funding for such experiments.

     [5] http://www.freerepublic.com/focus/f-news/1962819/posts McCain is insane and there are many good reasons not to choose him, but I'll list just five: McCain-Feingold, McCain-Kennedy, McCain-Lieberman, the Keating 5, and the Gang of 14. No thanks. McCain is out! http://www.freerepublic.com/focus/f-news/1601416/posts John McCain, you treasonous bastard, I challenge you or any of your traitorous cohorts... http://www.freerepublic.com/focus/f-news/1994885/posts Attn McCain Apologists: Talk all you want! But he's still a constitution trampling RINO and unless he repeals McCain-Feingold, repudiates amnesty and global warming, drops all support for embryonic stem cell research and stops talking about partnering up with the Democrats and instead swears to fight the evil bastards he won't be getting my support

     [6] http://www.rnclife.org/about/ In addition, we will work to hold Republican lawmakers accountable to the pro-life principles in our platform. It is our desire to see those principles translated into public policy and law. Further, we encourage Republican Party officials to enthusiastically support pro-life candidates and policies consistent with our platform.

    [7] http://www.freerepublic.com/about.htm A return to a strictly Constitutional form of federal government will automatically repeal and abolish all unconstitutional federal involvement in states issues such as: crime, health, education, welfare and the environment. The Tenth Amendment will again be in effect, which will bar all federal attempts at legislating social issues. This will also require that social programs such as Social Security, welfare and Medicare be repealed. So too, will most federal subsidies.

     [8] 19th century theologian R. L. Dabney Reprinted in The Forecast, December 1996, p. 9).

     [10] http://centerformoralliberalism.wordpress.com/about/ Present projects include Liberty Letters (quotes from America’s Founding Fathers with commentary from Center for Moral Liberalism, President, Steve Farrell, Out of the Best Books (featuring nearly daily readings from the Great Books of Western Civilization and a well organized, all in one place access point, to our selection of the best liberty books in the world), Stiff Right Alerts (daily legislative alerts from an array of political action groups - this project is now rolled in to Stiff Right Jab), Stiff Right Jab (daily political commentary from the most unique, principle centered, politically independent group of political commentators in the country.

     

  • The Constitutionalist Manifesto

    07/21/2008 9:47:17 AM PDT · 12 of 12
    Interposition to Coleus

    OUTSTANDING!

  • SCALIA THE ENEMY

    07/21/2008 9:36:17 AM PDT · 87 of 90
    Interposition to ex-snook
    In the final analysis only the mother can prevent an abortion, not the Constitution nor the politician. If the same effort was made to convince the mother not to have an abortion as is spent to make abortion a 4-year cicada that peaks every Presidential election, it would be great. Preventing abortion should not be a political issue.


     Do you really want your policy on abortion extended to other issues?

     

    1. In the final analysis only the murderer can prevent murder, not the Constitution nor the politician

    2. In the final analysis only the child molester can prevent molestation, not the Constitution nor the politician

    3. In the final analysis only the arsonist can prevent arson, not the Constitution nor the politician

    4. Anti-terrorism should not be a political issue

     

    On the other hand, you reinforce a proven point made centuries ago: “[W]e have no government armed with power capable of contending with human passions unbridled by morality and religion. . . . Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”[i]

     

    [i] http://www.wallbuilders.com:80/LIBissuesArticles.asp?id=63 (Source: John Adams, The Works of John Adams, Second President of the United States, Charles Francis Adams, editor (Boston: Little, Brown, and Co. 1854), Vol. IX, p. 229, October 11, 1798.)

  • SCALIA THE ENEMY

    07/20/2008 7:34:26 PM PDT · 83 of 90
    Interposition to Minn
    So is the ALL hoping Scalia can be replaced on the court by somebody appointed by a President Obama? What a bunch of Drivel. Talk about not knowing a good thing when you have one. 9 posted on Saturday, July 19, 2008 7:22:22 PM by Minn (Here is a realistic picture of the prophet: ----> ([: {()


    That’s a tricky question; because Douglas Kmiec is a pro-life conservative Catholic law professor, who stated he is voting for Obama.[1] He served in both Reagan and the first Bush administrations and has testified in Congress against Roe v Wade and for expediting confirmation of judges. It was reported that he was denied communion over that grievous announcement. McCain isn’t any better than Obama. Kmiec could have said that he was going to abstain, or vote for himself; or kept his mouth shut about his evil plan to vote for Obama.


    Many years ago, I thought McCain was one of the best the GOP had in the Senate; but over the years he has proven to be one of the worst Evilcrats. I’m forced to agree with Jim Robinson: “McCain is insane and there are many good reasons not to choose him, but I'll list just five: McCain-Feingold, McCain-Kennedy, McCain-Lieberman, the Keating 5, and the Gang of 14. No thanks. McCain is out!” [2]


    The following quote is only a sample of Jim Robinson’s elaborations on McCain-Feingold:[3]John McCain, you treasonous bastard, I challenge you or any of your traitorous cohorts to find even one thread, one post, one paragraph, one sentence or even one lousy word posted to this web site that is not fully protected by the First Amendment! Your McCain-Feingold campaign finance reform legislation is a treasonous act. You and your cohorts are attempting to subvert the Constitution of the United States of America, the very same constitution that you swore an oath to defend, so help you God! That makes you a domestic enemy of that great document and a traitor to your country. You miserable excuse for a two-bit political hack, you're not even qualified to shine Ronald Reagan's boots. It'll be a cold day in hell before a traitor like you ever receives my vote. You can take your fascist campaign finance laws and the jackbooted FEC anti-free-speech enforcers you are empowering and put them where the sun don't shine.” 


    Clearly, McCain is not a conservative. The best that could be said of McCain is that he is a bipartisan Obamacrat: “Attn McCain Apologists: Talk all you want! But he's still a constitution trampling RINO and unless he repeals McCain-Feingold, repudiates amnesty and global warming, drops all support for embryonic stem cell research and stops talking about partnering up with the Democrats and instead swears to fight the evil bastards he won't be getting my support. You kicked the conservatives to the curb and nominated your RINO, now all you gotta do is get him elected.”[4]


    That’s more than enough reason for any sane conservative to avoid McCain. Conservatives don’t have a horse in this bipartisan race on the road to perdition. There really isn’t any need to mention that McCain voted for confirmation of Ginsberg and Breyer to the U.S. Supreme Court; because pro-lifers already know that McCain is the Republicans for Murder (Choice) second choice for President.[5] Ginsberg and Breyer prove the point that McCain will do more of the same as President, when vacancies arise on the court. It’s hard to imagine McCain appointing worse than Ginsberg and Breyer; but he has a proven capacity for “treasonous” bipartisanship; ‘“But certainly in the short term, or even in the long term, I would not support repeal of Roe v. Wade, which would then force X number of women in America to (undergo) illegal and dangerous operations,”’ said John McCain as reported in the San Francisco Chronicle on August 20, 1999.”[6] The Republican National Coalition for Life confirms Jim Robinson’s observations: “John McCain supports abortion for babies conceived through rape or incest and is an outspoken supporter of embryonic stem cell research, having voted to extend federal funding for such experiments.” [7] The best that could be said about McCain’s position on life is that it no different than Bill Clinton’s “safe, legal, and rare.”


    On the issue of life, McCain is a Clintoncrat; and on everything else, he is an Obamacrat. I guess conservatives could sell their consciences on e-bay, vote for McCain or Obama, then buy them back; because they both reek so bad that nose holding won’t do in this race. Bob Barr admitted that abortion is murder and immediately followed that comment with one assuring the reign of death during his administration. So, as far as the Presidential race is concerned, three political parties have anti-life / anti-American candidates. The focus should be on Congressional races in conservative partisan opposition to the evil triumvirate running for President.


     [1] http://www.malibutimes.com/articles/2008/06/06/news/news5.prt The story, first circulated among the Catholic community in online blogs and posts mid-May, was taken up by Washington Post columnist E.J. Dionne Jr. and National Public Radio this week

     [2] http://www.freerepublic.com/focus/f-news/1962819/posts  January 31, 2008 | Jim Robinson

     [3] http://www.freerepublic.com/focus/f-news/1601416/posts  March 22, 2006 11:58:42 PM by Jim Robinson

     [4] http://www.freerepublic.com/focus/f-news/1994885/posts Monday, March 31, 2008 11:57:22 PM by Jim Robinson

     [5]  http://www.republicansforchoice.com/ We do support Rudy Giuliani's contention that given the folks left in the race after Rudy's withdrawal, McCain would be the best one for the Republican nomination.

     [6] http://www.rnclife.org/reports/2006/spring/ A Republican victory requires a committed, dedicated, pro-life, philosophical conservative standard-bearer, whose ideas strongly contrast with Hillary’s liberal/socialist world view. John McCain does not fit that description

     

  • SCALIA THE ENEMY

    07/19/2008 5:08:23 PM PDT · 1 of 90
    Interposition
    “Currently, at least 36 states have fetal homicide laws.”[1] Aren’t those laws based on the same factual arguments that abortion is murder?[2] If abortion is not murder, why are “30 States Ready to Outlaw Abortion.”[3] Mothers were granted an illegitimate license to murder their unborn children. The license is illegitimate; because the Constitution prohibits the judiciary from making law, or breaking law made in pursuance to the Constitution. The electorate has been lied to so long that the text and internal logic of the Constitution is perceived to be a lie. If the Constitution contradicts majority opinion, the parchment is lying. Only conservative judges can torture a truthful confession out of it; and make it stop terrorizing the unborn. Military academies should tell their cadets that they take an oath to majority opinion, not to the Constitution. At least they would know they are dying for the anti-Constitutional opinions of the most evil cabal[4] ever convened on American soil. Foreign enemies have killed thousands; but victims of enemies domestic number into the millions.[5]

     Advocates for life seem to know as much about fetal development as embryologists. They have 3D videos, sonograms, cutaway models and lengthy, emotive dissertations about every facet of fetal development. This forum has one pro-life member dedicated to making embryologists by the time they are ready for college.[6] CLEP out of college and med school, do your residency and become an obstetrician no later than age 21. Anyone mastering this amount of scientific information can understand the Constitution. But too many don’t even try, or prefer “a tale told by an idiot, full of sound and fury, signifying nothing” but deviant precedent from fictional rants of irrational judges in the formal form of a typical lie.

     They know science is on their side. A few Christians among them know the Bible divinely supports their rational case. The majority of states have fetal homicide laws supporting their irrefutable case. Most states still have abortion laws that are on their side.[7] Government officials refusing to enforce those laws are complicit in crimes against humanity. But the great majority of life advocates believe the Constitution is their foe, until converted into friend by an amendment, or by a majority opinion of the Supreme Court.[8] They don’t know, or care to know about the power of executive review. They don’t know, or care to know about Congress’ power to impeach and remove. They don’t know, or care to know about Congress’ plenary power to strip jurisdiction down to the original bones of contention in accordance with Article 3. They don’t know, or care to know about the Tenth Amendment. So, those like Judy Brown criticize one of the two most Constitutionally correct judges on the issue of murder (abortion). If Judy Brown’s criticism is justified, why gamble millions of lives on ostensibly conservative judges?

     If every government official adhered to their oath of office and “interpret[ed] the Constitution accurately,” those 30 states would be enforcing their abortion laws via the Tenth Amendment.[9] The President would not enforce those majority opinions, via an E.O. or We the People Act. [10] Judy Brown needs to modify her criticism to accurately describe decades of pro-life political activity: “Clearly the bandied about statement that [many Republican politicians] are ‘pro-life’ is not only false but misleading to the core.” God only knows how many lives have been saved by pro-lifers outside the political arena. But their willful ignorance and appalling naïveté are irresistible temptations for the bloodlust of gladiatorial politicians, beckoning them into the arena for vital assistance and then thrusting them through the heart for the sole pleasure of watching life drain from their disbelieving eyes. Tyrannicide[11] is a just reward for politicians found guilty of complicity in crimes against humanity.[12]

     Isn’t problem recognition half of the solution? This problem was recognized by a speaker at the 2004 Republican National Convention and former Senator from Georgia, Zell Miller:[13]

     "I yearn for the day," said the former Democratic senator, "when somebody is asked what their position is on abortion, they just look right at the person who asked them and said, 'Abortion is an abomination in the eyes of God, and there's nothing in the United States Constitution that protects it,' and not just dance around, tiptoe around the issue."

     Miller, a former Marine and history professor, offers the solution that pro-lifers reject, whenever they vote for politicians refusing to acknowledge that fact and commit to do everything permitted by the Constitution to restrain mass-murder.

     The political arena has an overflow crowd of professional liars.[14] They will lie, even when they know that you know they are lying. Billy Clinton, a professing Christian, may be the best known political example in that vast crowd of congenital liars; but he isn’t the only one. John Ashcroft, another professing Christian, lied when he stated Roe v.Wade was “settled law of the land.”[15] Ashcroft knew that “All legislative Powers herein granted shall be vested in a Congress of the United States….” “All” means nothing less than all! He also knew that Article VI, Clause 2 explicitly omits anything that could be construed to make majority opinion equal to or greater than “the supreme Law of the Land.” The same clause that makes “Laws of the United States which shall be made in Pursuance thereof…the supreme Law of the Land” fails to do same with court majority opinion. The next clause in that same article binds government officials “to support this Constitution,” not majority opinion. Why did Ashcroft lie, when The Administrative Office of the U.S. Courts on behalf of the U.S. Courts states, “The courts do not make the laws. That is the responsibility of Congress. Nor do the courts have the power to enforce the laws. That is the role of the President and the many executive branch departments and agencies?”[16] Why did Ashcroft lie, when he knew that law binds everyone under its jurisdiction; and majority opinions, which are only evidence of law, bind only the parties to the case? It should go without saying that ignorance is not a very good strategy against professional liars. James Madison put it this way: “Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives.” [17]

     On the other hand saluting millions about to die, Judy Brown’s righteous indignation is warranted. Imagine federal, state and local governments permitting terrorists to kill at will, after local, state and federal officials confiscated all weapons. Officials have the military and police to protect them; but they decide to allow terrorists to do as they please. If you were subject to being murdered at any moment, you may not be interested in an ongoing academic debate about the Constitution that has done nothing to stop decades of terror. Your rallying cry might be expressed like this: “Stop the murderous madness; or give us the means for defense or escape!”  

     According to Romans 13 government exists to restrain evil. If murder is not evil, what is? After quoting Romans 13:1–5, Scalia made these comments several years ago:[18] 

    This is not the Old Testament, I emphasize, but St. Paul. One can understand his words as referring only to lawfully constituted authority, or even only to lawfully constituted authority that rules justly. But the core of his message is that government—however you want to limit that concept—derives its moral authority from God. It is the “minister of God” with powers to “revenge,” to “execute wrath,” including even wrath by the sword (which is unmistakably a reference to the death penalty). Paul of course did not believe that the individual possessed any such powers. Only a few lines before this passage, he wrote, “Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord.” And in this world the Lord repaiddid justice—through His minister, the state.
    These passages from Romans represent the consensus of Western thought until very recent times. Not just of Christian or religious thought, but of secular thought regarding the powers of the state.

     Professor R.J. Rummel’s observations[19] should convince all but the most die-hard Christian secularist to prefer the rule of law over the rule of tyrants, or dictates from an equally evil judicial oligarchy. Unlike the vast majority of Christians today, Scalia and the American Founders did not fear mentioning the Bible in a political context. Future historians should argue that Scalia was a man of towering integrity, whose brilliance exposed the dark deeds[20] of corrupt judges and petty politicians in a society that didn’t know the meaning of integrity.

    Scalia is mistaken on one point. It is a common mistake to habitually interpret the entire Constitution through four words,[21] “due process” and “equal protection” in the obsolete Section 1 of the Fourteenth Amendment.[22] No former slaves are alive; 2) the 13th Amendment prohibits reinstitution of slavery; 3) blacks who owned slaves were citizens of their respective states prior to the 14th Amendment.[23] The Fourteenth Amendment begins with this phrase: “All persons born….” Judy Brown’s copy omits “born.” Worship of the Fourteenth Amendment includes homage to the word “born” and the obvious exclusion of the unborn. The purpose of the 14th Amendment did not include obstruction of justice for the unborn. Scalia isn’t the only one to ignore Jefferson’s sound advice: “On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed."[24] This sound exegetical principal applies to the 14th Amendment.[25] [26] [27] [28] [29] 

     Consider Article IV, Section 4, without reference to Section 1 of the 14th Amendment:

     The United States shall guarantee to every State in this Union a Republican Form of Government…and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

    Can a state be said to have a “Republican Form of Government” when domestic violence (abortion) occurs on that large of a scale? In Federalist 51, Madison equates that state with anarchy.[30] Federalist 55 explains why the Founders valued a Republic: “As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature, which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form.” The candid Christian must admit “depravity” exists alongside those “other qualities in human nature, which justify a certain portion of esteem and confidence.” This point makes that point unmistakably clear: “But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” - Federalist 51.  

    What standard is used for distinguishing good from evil? How do you measure something without a standard, or frame of reference? Ask any postmodern, whose only absolute is the lack of demonstrable absolutes. They write books based on evidence explaining why you can’t use evidence to make a case; and the fools don’t even realize they are refuting the case they attempt to make. They prove Yale Law Professor Arthur Leff’s contention:[31]

     I want to believe—and so do you—in a complete, transcendent, and immanent set of propositions about right and wrong, findable rules that authoritatively and unambiguously direct us how to live righteously. I also want to believe—and so do you—in no such thing, but rather that we are wholly free, not only to choose for ourselves what we ought to do, but to decide for ourselves, individually and as a species, what we ought to be. What we want, Heaven help us, is simultaneously to be perfectly ruled and perfectly free, that is, at the same time to discover the right and the good and to create it.

    Faced with this irreconcilable tension, a choice must be made. This republic will never be resurrected by continued rejection of those complete, transcendent, and immanent set of propositions expressed in the Declaration of Independence. In a Republic[32] the good rule of law[33] has the best chance of trumping the rule of evil men!

     At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results, and as Benjamin Franklin emerged from the long task now finished, asked him directly: "Well Doctor, what have we got, a republic or a monarchy?" "A republic if you can keep it" responded Franklin.[34]

    Obviously, this view is passé; because even the alternative conservative media prefer the rule of federal judges over the rule of law. Do any of the conservative media have the goals of F.R. explicitly stated somewhere in their publications? [35] Do they have the slightest clue where they want to go?  Will their reactive bipartisan commentary ever transition to proactive partisan movement with some sense of the right direction?

     [1] http://www.ncsl.org/programs/health/fethom.htmNational Conference of State Legislatures

     [2] http://www.orthodoxytoday.org/articles/BorkAbortion.php Science and rational demonstration prove that a human exists from the moment of conception.

     [3] http://www.foxnews.com/story/0,2933,134530,00.html Report: 30 States Ready to Outlaw Abortion, Tuesday, October 05, 2004.

     [4] Michael Stokes Paulsen, The Worst Constitutional Decision of All Time, 78  Notre Dame L. Rev. 995 (2003).

     [5] http://www.covenantnews.com/russyoung060125.htm  Abortion Has Killed Millions More Than War

     [7] http://www.visionforumministries.org/issues/life/the_first_100_ways.aspx In many states, statutes prohibiting abortion remain unrepealed and available to local prosecutors to bring criminal actions against abortion providers. While such laws may very well provide for an exception to protect the life of the mother, they afford statutory authority to a prosecutor who takes seriously his duty to “support” the Constitution’s high regard for the right to life.The problem today is that state prosecutors assume that their duty to support the Constitution means obedience to Supreme Court opinions, even when they were never parties to the cases. Rightfully understood, their duty is to interpose their office between Roe v. Wade, a constitutionally erroneous opinion, and the people whose rights they are duty bound to protect.

      [8] http://www.visionforumministries.org/issues/life/the_first_100_ways.aspx Since Roe v. Wade, pro-life strategies have been based upon the premise that the Supreme Court’s opinion in that case is the Supreme Law of the Land. Therefore, short of a constitutional amendment or Court reversal, it has been assumed that federal, state, and local officials - executive, legislative, and judicial - must conform their actions concerning abortion to rules handed down by the courts. This working premise is erroneous. It is both unwise and unconstitutional.

     [9] http://www.lexrex.com/enlightened/AmericanIdeal/yardstick/pr5.html The Federal government is a delegated-power Republic which possesses only the comparatively few and limited powers granted to it by the people as enumerated in the United States Constitution, as amended--chiefly the powers concerned with "war, peace, negotiation, and foreign commerce" (quoting The Federalist, number 45 by Madison. It is in sharpest contrast that each State government is a full-power Republic which possesses the vast and varied powers needed to administer intra-State affairs--"all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State" (again quoting number 45). The full-power Republic of each State is subject to the State Constitution, as well as to the united States Constitution as the "supreme Law of the Land." Neither the Federal, nor any State, government therefore possesses legal sovereignty--the unlimited power of sovereignty--while the people's political sovereignty is limited in favor of preserving inviolate the God-given, unalienable rights of each Individual.

     [10] http://www.freerepublic.com/focus/f-news/2042168/posts What Congress Can Do for This American.

     [11] http://hnn.us/articles/29235.html John Cooke and the King’s judges were tyrannicides, who pushed England to where logic (“right reason”) led, where law (Magna Carta) pointed and where God (the first book of Samuel) approved. It was a point that no other nation at the time or for another century would reach: a proto-democratic republic with constitutional safeguards for civil liberties.

     [12] http://untreaty.un.org/ilc/texts/instruments/english/draft%20articles/7_1_1950.pdf Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal. 1950

     [13] http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=53872 Lies and fraud of Roe v. Wade. Posted: January 22, 2007. In "The Marketing of Evil," I explain many sophisticated and powerful manipulation techniques used to market evil. But when it comes to abortion, one technique shoots right to the top of the list: It's called lying. To make killing little unborn babies sound good, you have to lie about it.

     [15] http://www.rnclife.org/faxnotes/2001/jan01/01-01-19.html Many respected legal authorities think that, like the Dred Scott decision and others, Roe v. Wade is a settled case, but it is not settled law. In fact, no law has been passed that makes abortion legal in this country.

     [18] http://www.freerepublic.com/focus/f-news/696464/posts God's Justice and Ours [Antonin Scalia on capital punishment] First Things ^ | 5/02 | Antonin Scalia Posted on Friday, June 07, 2002 4:08:47 PM by Caleb1411

     [19] http://www.hawaii.edu/powerkills/ Power tends to corrupt, and absolute power corrupts absolutely. ----Lord Acton. Power kills; absolute power kills absolutely.----This Web Site

    [20] http://www.law.cornell.edu/supct/pdf/99-830P.ZD1 I am optimistic enough to believe that, one day, Stenberg v. Carhart will be assigned its rightful place in the history of this Court’s jurisprudence beside Korematsu and Dred Scott. The method of killing a human child— one cannot even accurately say an entirely unborn human child— proscribed by this statute is so horrible that the most clinical description of it evokes a shudder of revulsion. Today’s decision, that the Constitution of the United States prevents the prohibition of a horrible mode of abortion, will be greeted by a firestorm of criticism— as well it should. If only for the sake of its own preservation, the Court should return this matter to the people— where the Constitution, by its silence on the subject, left it— and let them decide, State by State, whether this practice should be allowed. Casey must be overruled.

     [21] http://www.utexas.edu/law/news/2005/052405_graglia.html The essential irrelevance of the Constitution to contemporary constitutional law should be clear enough from the fact that the great majority of Supreme Court rulings of unconstitutionality involve state, not federal, law; and nearly all of them purport to be based on a single constitutional provision, the 14th Amendment -- in fact, on only four words in one sentence of the Amendment, "due process" and "equal protection." The 14th Amendment has to a large extent become a second constitution, replacing the original.

    [22] http://www.stephankinsella.com/texts/berger_fourteenth_am_bill.pdf  The Fourteenth Amendment and the Bill of Rights (1989).

     [23] http://www.tourolaw.edu/patch/scott/Curtis.asp At the time of the ratification of the Articles of Confederation, all free nativeborn inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina, though descended from African slaves, were not only citizens of those States, but such of them as had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens. It has already been shown that in five of the thirteen original States, colored persons then possessed the elective franchise, and were among those by whom the Constitution was ordained and established. And as free colored persons were then citizens of at least five States, and so in every sense part of the people of the United States, they were among those for whom and whose posterity the Constitution was ordained and established. http://www.issues-views.com/index.php/sect/23000/article/23018 Black Americans continued to hold slaves through the Civil War. In 1860, some 3,000 blacks owned nearly 20,000 black slaves. In South Carolina alone, more than 10,000 blacks were owned by black slaveholders. [See also "Black Slaveowners."] Born a slave in 1790, William Ellison owned 63 slaves by 1860, making him one of Charleston's leading slaveholders. In the 1850 census for Charleston City, the port of Charleston, there were 68 black men and 123 black women who owned slaves. In Louisiana's St. Landry Parish, according to the 1860 census, black planter Auguste Donatto owned 70 slaves and farmed 500 acres of cotton fields. Black slaveholders were the exception to the rule, but so, too, were white ones. Only a small minority of Southern whites owned slaves, little more than five percent of the white population if calculated by individual owner, or some 20 to 25 percent if all the members of the slaveowners' families are included. This means that 75 percent or more of Southerners neither owned slaves themselves nor were members of families who did. -- Roger D. McGrath, in "Slavery's Inconvenient Facts," Chronicles magazine, November 2001.

     

    [26] http://www.constitution.org/col/np/aas/050710_gra-lev.htm Because most of the Supreme Court's activist rulings of unconstitutionality purport to be based on a 14th Amendment that it has deprived of specific meaning, the problem can be very largely solved by simply restoring the 14th Amendment to its original meaning, or by giving it any specific meaning. The 14th Amendment was written after the Civil War to provide a national guarantee of basic civil rights to blacks. If a constitutional amendment could be adopted reconfining the 14th Amendment to that purpose or, better still, expanding it to a general prohibition of all official racial discrimination, the court's freehand remaking of domestic social policy for the nation would largely come to an end. If the justices lost the ability to invalidate state law on the basis of their political preferences, their ability and willingness to invalidate federal law on this basis would likely also diminish.

      

    [27] http://www.law.cornell.edu/supct/html/historics/USSC_CR_0391_0145_ZD.html I believe I am correct in saying that every member of the Court for at least the last 135 years has agreed that our Founders did not consider the requirements of the Bill of Rights so fundamental that they should operate directly against the States. [n2] They were wont to believe rather that the security of liberty in America rested primarily upon the dispersion of governmental power across a federal system. [n3] The Bill of Rights was considered unnecessary by some, [n4] but insisted upon by others in order to curb the possibility of abuse of power by the strong central government they were creating. [n5] The Civil War Amendments dramatically altered the relation of the Federal Government to the States.. In my view, often expressed elsewhere, [n8] the first section of the Fourteenth Amendment was meant neither to incorporate, nor to be limited to, the specific guarantees of the first eight Amendments. The overwhelming historical evidence marshalled by Professor Fairman demonstrates, to me conclusively, that the Congressmen and state legislators who wrote, debated, and ratified the Fourteenth Amendment did not think they were "incorporating" the Bill of Rights [n9] and [p175] the very breadth and generality of the Amendment's provisions suggest that its authors did not suppose that the Nation would always be limited to mid-19th century conceptions of "liberty" and "due process of law," but that the increasing experience and evolving conscience of the American people would add new "intermediate premises." In short, neither history nor sense supports using the Fourteenth Amendment to put the States in a [p176] constitutional straitjacket with respect to their own development in the administration of criminal or civil law.

      [28] http://www.extremeink.com/appendix.htm How the First Amendment Came to Protect Topless Dancing: A History of the Incorporation of the Bill of Rights into the Fourteenth Amendment, Why It's a Problem, and How to Fix It By Susan Shelley.  

    [29] http://www.covenantnews.com/davidnew050209.htm  It should be obvious that there is a strong link between judicial activism and the Fourteenth Amendment. When conservatives complain about judicial activism in the courts, in many cases they are really talking about the Fourteenth Amendment. The Fourteenth Amendment has become a 'wild card' at the courthouse. For example, to date, the Supreme Court has never said that there is a Fifth Amendment right to an abortion! The way the Court interprets the word "liberty" in the Fourteenth Amendment is a hopeless contradiction. There can be no question that the Court uses the Fourteenth Amendment for political purposes. The Fifth Amendment proves that the Supreme Court is engaging in judicial activism.

     [30] http://www.yale.edu/lawweb/avalon/federal/fed51.htm Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger



    [31] http://www.firstthings.com/article.php3?id_article=5101 Nihilism and the End of Law, Phillip E. Johnson.  1993 First Things (March 1993).

     [32] http://www.ccomcor.org/republic_v_democracy_Titus.pdf In Federalist numbers 10, 14, and 48, Madison insisted that the new Constitution established a republic, not a democracy, emphasizing in Federalist No. 10 that a “Republican” form of government protected the people from the dangers of tyranny of the majority. although the state constitutions affirm that all power is inherent in the people, they did not establish state governments to obey the will of the people, but to ensure that all individuals enjoy their pre-existing rights of life, liberty, and property with which they have been naturally endowed. It is certainly arguable that some states have approved some democratic procedures that depart from the pure republican form. For example, the initiative and referendum, whereby the people of some states, by constitutional amendment, have reserved to themselves the power to propose and enact laws independently of the legislative assembly, as well as to approve or reject any act of that body, thereby making it possible for public policy to be made directly by a majority without the political accountability of a representative assembly. (See Federalist No. 10.) Such powers are, however, limited by law to “single subjects” and to legislative and executive implementation. To date, no state has substituted a system of direct democracy in which the people “assemble and administer the Government in person.” (Federalist 10)

     [33] http://www.visionforumministries.org/issues/rule_of_law/edward_coke_and_righteous_inte.aspx Because of Coke’s uncompromising, unrepentant stance against unconstitutional judicial tyranny, the rule of right was officially recognized as the rule of law. Since the days of Sir Edward Coke, the legislative body of England has been recognized as holding an essential constitutional check against excessive executive and judicial power, a check that was later written into Article III of our own Constitution of the United States of America (1787).

    [34] http://www.house.gov/paul/congrec/congrec2000/cr020200.htm Jefferson, concerned about the future, wrote: "Yes, we did produce a near-perfect republic. But will they keep it? Or will they, in the enjoyment of plenty, lose the memory of freedom? Material abundance without character is the path of destruction." "They" that he refers to are " we." And the future is now. Freedom, Jefferson knew, would produce "plenty," and with "material abundance" it's easy to forget the responsibility the citizens of a free society must assume if freedom and prosperity are to continue. The key element for the Republic's survival for Jefferson was the "character" of the people, something no set of laws can instill. The question today is not that of abundance, but of character, respect for others, their liberty and their property. It is the character of the people that determines the proper role for government in a free society. Samuel Adams, likewise, warned future generations. He referred to "good manners" as the vital ingredient a free society needs to survive. Adams said: "Neither the wisest Constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." The message is clear, if we lose our love of liberty and our manners become corrupt, character is lost and so is the Republic. But character is determined by free will and personal choice by each of us individually. Character can be restored or cast aside at a whim. The choice is ours alone and our leaders should show the way.

      [35] http://www.freerepublic.com/about.htm We at Free Republic are determined to return the Constitution to its rightful place as the Supreme Law of the land as the Founders intended.

     

  • What Colleges Forget to Teach

    07/17/2008 10:34:20 AM PDT · 15 of 15
    Interposition to supercat
     

    1. The Constitution is the Supreme Law of the Land. Any government action which contradicts the Constitution is illegitimate, regardless of whether or how any judges have ruled.

     

    2. The Constitution is a simple document. If a simple reading would suggest it means one thing but a hundred-page court decision explains why it means something else, odds are pretty good that the simple meaning is the legitimate one.

     

    3. Really, if one strips away all the dissembling about how the Constitution doesn't really mean what it says, it's a pretty straightforward document. Too bad so many people have been blinded by Bravo Sierra.

     

    Marshall, in Marbury v. Madison, agrees with your first point of light: “If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.”[1] The literate and logical know that “the Constitution is superior to any” judicial opinion and executive order; and “must govern the case to which they both apply.”

     

    Your second point of illumination in an exceedingly dark age has at least two focusing lens: “How stare decisis Subverts the Law”[2] must resort to a Venn diagram to illustrate the modern morass courts have made. It’s such a colossal mess that even a lawyer has to use graphics to explain the gross conceptual errors of courts. Maybe, the American Founders should have included circle / slash graphics on the Constitutional parchment to deter future illiterate, irrational judges? “Stare Non Determinus”[3] correctly asserts, “Any judge violates his Oath of Office if he follows Stare Decisis when it runs contrary to the Constitution.” It follows that any government official taking an oath to the Constitution violates that oath “if he follows [majority opinion] when it runs contrary to the Constitution.” Do we have a nation of oath breakers? Who knows; who cares; why bother?

     

    Your third lightening bolt striking the black hole of the American political scene is contained in the first rule of statutory construction: Give a statute its plain meaning; if the meaning is clear, then there is nothing to construe!

     

    Since the Constitution is the supreme law of the land, any honorable jury must abide by it. If common sense would tell a jury that a search is unreasonable, it is unreasonable and thus illegitimate; the jury would thus be duty-bound to discount any evidence found in it. Judges don't want any search disregarded if they can help it, so they'll declare that any search that could even vaguely be construed as reasonable is. Their declarations, however, do not make unreasonable practices legitimate.

     

    You are familiar with jury tampering. Judges are not exempt deities from this misconduct; and jurors should know this. The jury is the fourth branch of government; though subsumed in the judiciary, no one can rationally deny its Constitutional powers of double jeopardy, interposition, and independence are considerable, not to be taken for granted. Jury nullification is an essential feature of justice in American courts and a central part of checks and balances. It is a vital means of protecting victims from just laws incorrectly applied and from the application of arbitrary, unjust rules incorrectly labeled as law. It is an ever present reminder to prosecutor, judge, legislature and executive that they are servants of the people and not master. Considering the present metastable state of affairs, it is arguably the last bastion against totalitarianism. Jury Nullification: The Evolution of a Doctrine, by Clay S. Conrad should be required reading prior to jury duty.[4]   

     

    [2] http://www.constitution.org/col/0610staredrift.htm In modern jurisprudence, however, it has come to take on a life of its own, with all precedents being presumed to be well-founded, unbiased legal decisions, rather than political decisions, and presumed to have both the authority of the constitutional enactments on which they are based, plus that of the precedents on which they are based, so that later precedents are presumed to be more authoritative than earlier ones.

     

    [3] http://www.uweb.ucsb.edu/~hwatson/sources.html The point is, there are occasions when old precedent is not only non-binding, but to follow it would be stupid, illegal and unconstitutional, and just plain un-Godly.  With all that banters about regarding the strict following of the decisions of the higher courts coming from both the left and the right, aren’t you suspicious that you are are not getting the whole story on Stare Decisis?

     

    [4] http://www.catostore.org/index.asp?fa=ProductDetails&method=cats&scid=15&pid=144966 Central to the history of trial by jury is the right of jurors to vote "not guilty" if the law is unjust or unjustly applied. When jurors acquit a factually guilty defendant, we say that the jury "nullified" the law. The Founding Fathers believed that juries in criminal trials had a role to play as the "conscience of the community," and relied on juries' "nullifying" to hold the government to the principles of the Constitution. Yet over the last century and a half, this power of jurors has been derided and ignored by American courts, to the point that today few jurors are aware that an important part of their role is, in the words of the Supreme Court, to "prevent oppression by the government." Published by Carolina Academic Press.

  • What Colleges Forget to Teach

    07/15/2008 5:20:02 PM PDT · 1 of 15
    Interposition

    Does Robert P. George view his stay at Princeton as a missionary to that pagan institute? Peter Singer is as pagan as anything you will find written about the inhabitants of ancient land of Canaan,1 or about the cities of antiquity, like Corinth2 and Carthage.3 Will Princeton start publically practicing child sacrifice in the name of their dead deity, Harry Blackmun? They could put the mass-murder clinics out of business. Why go to a mass-murder clinic; when you could ritualistically murder your child in a university temple, while listening to the shrill incantations of Roe v. Wade, Doe v. Bolton, Casey v. Planned Parenthood, and Stenberg v. Carhart? A video of Singer, or his designated pagan priest, could preside over the cultic ceremonies with representatives from Republicans for Choice and NARAL.


    How did American come to worship the libertine rants of Singer, Ayn Rand, Karl Marx, Harry Blackmun, Gerhard Kittel, Paul Althaus, Emanuel Hirsch, Thomas Hobbes, Margaret Sanger, Marshall Kirk and Hunter Madsen, Friedrich Wilhelm Nietzsche, Al Gore, Jean-Jacques Rousseau, Antonio Gramsci, Herbert Marcuse, Timothy Leary, Billy & Hilly Clinton, and Obamanal Oprah? Accuracy in Academia has a review of The Long March: How the Cultural Revolution of the 1960s Changed America that was published in 2000.4 That book anticipated Robert P. George’s observations 6 years later.


    Dr.Michael Greve, John G. Searle Scholar at the American Enterprise Institute, made an observation about a year after that book was published: "A constitutional principle without an actual constituency to back it up will soon crumble."5 What principals? James Madison left a clue in Federalist 51: “A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” Elections were to be the primary control on government; but, according to John Adams, “[W]e have no government armed with power capable of contending with human passions unbridled by morality and religion. . . . Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” 6 If America is long on religion and short on morality, then the primary control has failed. Government is running on a failed auxiliary control; because “we are under the government of individual men, who for the time being have power to declare what the Constitution is, according to their own views of what it ought to mean." - Dred Scott v. Sandford, 19 How. 393, 621 (1857) (Curtis, J., dissenting). Judicial supremacy annihilated the American Republic; but federal judges are not to blame!


    When the President has the power of executive review over judicial majority opinion, judges can’t be blamed.7 When Congress can impeach and remove federal judges, judges can’t be blamed.8 When Congress has plenary power to strip court jurisdiction down to the original bones of Article 3, Section 2, judges can’t be blamed.9 Don’t blame federal judges for State governors defecating on the Tenth Amendment and burying it in a cesspool of servility.10 The politicians are acutely aware of these Constitutional powers; but they suppress these self-evident truths in their unrighteous acts. And the electorate is too ignorant or apathetic to give a rip about anything other than bread and circuses.


    The candidly calibrated political microscope can not detect a scintilla of difference between fascist McCain11 and Marxist Obama. Fascism and Marxism are the fast lanes on the road to perdition. Little wonder that Jim Robinson stated, “Can't see America going for either of those two useful idiots.”12 The only solution is a reversal of the problematic long march of malevolent madness through the institutions!


    1 http://www.catholiceducation.org/articles/printarticle.html?page=ho0003 As Professor Greenberg, who betrays no inclination toward religious belief writes, "When the word toevah ("abomination") does appear in the Hebrew Bible, it is sometimes applied to idolatry, cult prostitution, magic, or divination, and is sometimes used more generally. It always conveys great repugnance" (emphasis added). Moreover, the Bible lists homosexuality together with child sacrifice among the "abominations" practiced by the peoples living in the land about to be conquered by the Jews. The two are certainly not morally equatable, but they both characterized a morally primitive world that Judaism set out to destroy. They both characterized a way of life opposite to the one that God demanded of Jews (and even of non-Jew --- homosexuality is among the sexual offenses that constitute one of the "seven laws of the children of Noah" that Judaism holds all people must observe). Finally, the Bible adds a unique threat to the Jews if they engage in homosexuality and the other offenses of the Canaanites: "You will be vomited out of the land" just as the non-Jews who practise these things were vomited out of the land. Again, as Greenberg notes, this threat "suggests that the offenses were considered serious indeed."


    2 http://www.cbmw.org/Resources/Articles/An-Assessment-of-Pagan-Sexual-Morality Paul writing to Christians in first century Corinth was writing to young believers just saved out of paganism, and they were all too familiar with the belief system that supported pagan sexual morality. Corinth was dedicated to the worship of Aphrodite the goddess of sex, and men of the city patronized prostitutes who served in the temple of Aphrodite believing they were uniting with the goddess herself and directing her power in their favor when they did so. http://www.bible.org/page.php?page_id=790 One of the common characteristics of a cult is a distortion (in one way or another) of sexual morality. For some, it is the denial of any sexual pleasure, while for others it is the indulgence in all sorts of sexual encounters. http://www.khouse.org/articles/2001/363/ It thus became one of the most dominant cultural centers of its day: materially prosperous, intellectually alert, and morally corrupt. Even in the pagan world the city was known for its moral corruption. ("Corinth" came to imply licentiousness; korinthiazesthai, "Corinthianize," meant to live in debauchery.) It was Hollywood, Las Vegas, and New York all rolled into one. As the "worldly church," Corinth certainly becomes increasingly relevant to us in our own day of materialism, moral decay, and church controversies.


    3 http://www.sbl-site.org/assets/pdfs/JBL1233.pdf the Pozo Moro relief is not limited to connections with the feasts of Thyestes, Tereus, and Harpagus. It may touch on other aspects of Greek legend as well. With its depiction of a bullheaded creature wielding a sacrificial knife, it appears to be related also to the legend of the Minotaur, which recalls bull-masked priests who slaughtered young children in sacrificial ritual. http://www.tecmalta.org/tft301.htm Evidently child sacrifice was practised in various ancient cultures and even in more recent cultures. Archaeologists, among them Stager and Wolff, have convincingly demonstrated that child sacrifice was practised in Phoenician Carthage. At the sanctuary called Tophet, children were sacrificed to the goddess Tanit and her consort Baal Hammon. A pillar, half a metre high, with upraised hands and a disk and crescent has been discovered at Hazor in northern Israel. These symbols seem to indicate the same deities found in Carthage. http://timothyministries.org/theologicalDictionary/references.aspx?theword=Carthage Carthage under the Phoenicians was notorious to its neighbors for child sacrifice. Plutarch (c. 46–120) mentions the practice, as do Tertullian, Orosius and Diodorus Siculus. Livy and Polybius do not. The Hebrew Bible also mentions child sacrifice practiced by the Caananites, ancestors of the Carthaginians, and by some Israelites. According to Diodorus Siculus, "There was in their city a bronze image of Cronus extending its hands, palms up and sloping toward the ground, so that each of the children when placed thereon rolled down and fell into a sort of gaping pit filled with fire."


    4 http://www.academia.org/campus_reports/2000/october_2000_5.html Allen Ginsberg, a member of the North American Man/Boy Love Association, took "off his clothes at every opportunity" and once warned America, "We will get you through your children." Upon his death, an assortment of Ginsberg’s belongings (including old sneakers and smoked marijuana joints) were purchased for more than $1 million by Stanford University. Shouting dirty words and stream of consciousness prose passed for literature among the beats. Anyone who didn’t like their work, their familiar refrain went, just didn’t appreciate "art."


    5 Federalism: Reconciling National Values with States' Rights and Local Control in the 21st Century, American Bar Association Symposium, Spring of 2001,


    6 http://www.wallbuilders.com/LIBissuesArticles.asp?id=63 (Source: John Adams, The Works of John Adams, Second President of the United States, Charles Francis Adams, editor (Boston: Little, Brown, and Co. 1854), Vol. IX, p. 229, October 11, 1798.)


    7 http://www.yale.edu/lawweb/avalon/presiden/veto/ajveto01.htm The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve. http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/ President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution. http://www.law.northwestern.edu/mainpages/curriculum/colloquium/Michael%20Paulsen.pdf It is, emphatically, the province and duty of the executive

    department to say what the law is. Those who apply the law to particular instances — and execution of the law is a quintessential example of applying the law to particular cases — must of necessity expound and interpret the law in the course of performing such duties.57 The President applies the law. The Constitution is a rule for the governance of the President (and his subordinates58), as well as for the courts and for Congress. Indeed, as noted, that instrument commands the President to “take Care that the laws be faithfully executed.”59 The laws of the nation include its Constitution, which is listed first in Article VI’s description of the “supreme law of the Land.” As Marbury correctly holds, the Constitution is the “paramount law of the nation,” and is thus of superior obligation to other sources of law, like statutes and even judgments of the courts. The President is specifically assigned the sworn duty to “preserve, protect and defend the Constitution of the United States.” It follows that, in carrying out his executive duties as President, the President must give effect to the Constitution in preference to a statute, or judicial decree, in cases where they conflict. http://www.firstthings.com/article.php3?id_article=442 Lincoln on Judicial Despotism, by Robert P. George, 2003 First Things (February 2003). In office, Lincoln gave effect to his position against judicial supremacy by consistently refusing to treat the Dred Scott decision as creating a rule of law binding on the executive branch. His administration issued passports and other documents to free blacks, thus treating them as citizens of the United States despite the Court’s denial of their status as citizens. He signed legislation that plainly placed restrictions on slavery in the western territories in defiance of Taney’s ruling. For his critics, these actions, combined particularly with his suspension of the writ of habeas corpus, revealed him to be a lawless and tyrannical ruler, one who had no regard for the constitutional limits of his own power. But none can say that he had not made his opposition to judicial supremacy clear before assuming office.


    8 http://www.ccomcor.org/Judges%20and%20Impeachment.pdf So any judge that persists in office to claim that he has the authority to make law is violating the standard of good behavior under the Constitution of the United States and therefore, is subject to forfeiture of office under the Common Law procedure of a civil action for the forfeiture of office. http://www.freerepublic.com/focus/f-news/794205/posts Clearly, Marshall believed that Justices could be removed for rendering opinions that Congress considered to be unconstitutional. Marshall held this opinion, despite Jefferson's political witch-hunt and Marshall's fear that he was also likely to be a target. http://www.lsb.state.ok.us/house/news6358.html Prof. James McClellan, referring to liberal Justices, said, “We call them Justices; the Founders would have called them tyrants.” The real problem is not a defective Constitution, but tyrannical judges.


    9 http://www.freerepublic.com/focus/f-news/2042168/posts What Congress Can Do for This American


    10 http://www.foxnews.com/story/0,2933,134530,00.html Report: 30 States Ready to Outlaw Abortion http://www.ncsl.org/programs/health/fethom.htm Currently, at least 36 states have fetal homicide laws. http://www.lewrockwell.com/woods/woods44.html In 1798, the legislatures of Virginia and Kentucky approved resolutions that affirmed the states’ right to resist federal encroachments on their powers. If the federal government has the exclusive right to judge the extent of its own powers, warned the resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power. The Virginia Resolutions spoke of the states’ right to "interpose" between the federal government and the people of the state; the Kentucky Resolutions (in a 1799 follow-up to the original resolutions) used the term "nullification" – the states, they said, could nullify unconstitutional federal laws. http://ohioabortionban.com/commentary/standingbetween What does the Tenth Amendment mean if not that a State can interpose itself as a legitimate determiner of the Constitution to which it is a consenting party? Once a contract is formed, both parties have the right to ensure the proper enforcement of the terms of the contract and are not bound by the illegitimate breaches of that contract, absent a waiver. Is a Supreme Court decision "law of the land?" The delegates to the Constitutional Convention limited the "Supreme Laws of the Land" to the Constitution first and subsequent "Laws of the United States made in Pursuance thereof," Art. VI, § 2. Court orders are conspicuously absent from the Supremacy Clause. If "all laws which are repugnant to the Constitution are null and void," Marbury v. Madison, 5 U.S. 137 (1801) at 176-177, how much more so judicial orders? The "judiciary of the United States are not the masters of the Constitution but merely its interpreters. Pro-lifers like to make a comparison between the Dred Scott decision and Roe v. Wade to demonstrate the fallibility of the Supreme Court. Why not use the same tactics to overcome the pernicious Roe decision as did 22 states after Dred Scott? Wisconsin "denounced the Supreme Court for 'assumption of power' and declared 'that the several States have the unquestionable right' to exercise 'positive defiance' in behalf of their interpretation of the powers reserved to the States by the Constitution."[25]



    11 http://www.freerepublic.com/focus/f-news/1601416/posts You can take your fascist campaign finance laws and the jackbooted FEC anti-free-speech enforcers you are empowering and put them where the sun don't shine. And if this post is in violation of your unconstitutional law, shove it too! John McCain, you treasonous bastard, I challenge you or any of your traitorous cohorts...Posted on Wednesday, March 22, 2006 11:58:42 PM by Jim Robinson


    12 http://www.freerepublic.com/focus/f-news/1994885/posts Attn McCain Apologists: Talk all you want! | 03/31/2008 | Jim Robinson

  • Barack Obama Slams John McCain For Opposing Abortion, Activist Judges

    07/11/2008 11:39:24 AM PDT · 63 of 63
    Interposition to cpforlife.org
    Barack Obama Slams John McCain For Opposing Abortion, Activist Judges.

     

    John McCain is the second choice of Republicans for Choice [Murder].[1] John McCain voted to confirm Ruth Ginsberg and Stephen Breyer. A vote for McCain or Obama will be a vote for more judges like Ginsberg and Breyer. John McCain will not use the power of executive review[2] to allow states to prosecute murder.

     

    “John McCain supports abortion for babies conceived through rape or incest and is an outspoken supporter of embryonic stem cell research, having voted to extend federal funding for such experiments.” [3]

     

    McCain’s credentials as a social conservative have been ripped asunder by his own hand in recent years. While he has maintained a generally pro-life voting record during his tenure in the Senate, it is clear that his intention is merely to regulate or restrict the practice of abortion. “But certainly in the short term, or even in the long term, I would not support repeal of Roe v. Wade, which would then force X number of women in America to (undergo) illegal and dangerous operations,” said John McCain as reported in the San Francisco Chronicle on August 20, 1999. He justifies abortion for babies conceived through rape or incest, a position requiring abortion remain legal. [4]

     Obama & McCain are two sides of the same political coin. Any way you flip it, pro-life loses. Just say NO to JohnBarack-ObamaCain. [5]


    [1] http://www.republicansforchoice.com/ We do support Rudy Giuliani's contention that given the folks left in the race after Rudy's withdrawal, McCain would be the best one for the Republican nomination.

     

    [2]http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/ President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution. Golove said that to the extent Bush is interpreting the Constitution in defiance of the Supreme Court's precedents, he threatens to ''overturn the existing structures of constitutional law."

      

    [3] http://www.rnclife.org/faxnotes/2008/jan08/08-01-16.html

     

    [4] http://www.rnclife.org/reports/2006/spring/ A Republican victory requires a committed, dedicated, pro-life, philosophical conservative standard-bearer, whose ideas strongly contrast with Hillary’s liberal/socialist world view. John McCain does not fit that description.

     

    {5} http://www.freerepublic.com/focus/f-news/1994885/posts Can't see America going for either of those two useful idiots. -  Jim Robinson

  • CREATION, THE DECLARATION OF INDEPENDENCE, AND THE HISTORY OF "UNALIENABLE RIGHTS" BOOK REVIEW

    07/11/2008 10:59:07 AM PDT · 7 of 9
    Interposition to DManA
    I'm a believer myself but even athiests can see the value of having your rights come from a power greater then government, even if it is a legal fiction.


     Are you sure enough to stake your own life on that assumption? There is a website available to explore your assumption: “Atheist and Agnostic Pro-Life League Homepage.”{1} About a decade ago, “Abortion isn't life, liberty or happiness”{2} was published in the News & Record (Greensboro, NC). The atheist author, James M. Wallace, mentioned the Declaration of Independence, "unalienable rights", "life, liberty, and the pursuit of happiness,” being the antithesis of abortion. Wallace, a consistent atheist, avoided mention of any Supreme Being. But he does seem to believe there is a higher power than government. If pressed, he may agree that government is under a Constitution that should be understood in view of the Declaration.


    Additionally, some atheists function within a conceptual framework described as the “ethic of reciprocity.” “Do onto others as you would wish them do onto you.” Matthew 7:12 places great emphasis on this command: “this is the Law and the Prophets.” Luke 6:31 reiterates this command. Justice implies that all under the jurisdiction of a particular law must be treated equally; therefore, injustice is the “legal fiction” of a “double standard.” {3}


    Romans 2:14,15: “For when Gentiles, who do not have the law, by nature do what the law requires, they are a law to themselves, even though they do not have the law. They show that the work of the law is written on their hearts, while their conscience also bears witness, and their conflicting thoughts accuse or even excuse them.” These verses clearly demonstrate that atheists can function within a society governed by natural law. {4} But Romans 1:18 clearly reveals that people are capable of suppressing truth about good and evil.


     The Jefferson Memorial in Washington, D.C. has some quotes inscribed on panels. The following quote is from Panel Three:{5}


     "God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that his justice cannot sleep forever…."

     Mr. Jefferson was correct. Most Christians no longer believe that these liberties are the gift of God. I had a very brief discussion with a conservative Christian professor of philosophy who asserted that man has no God given rights. Several Christians chimed in agreement with the good professor. I opened his Bible; and showed them all where God refuted their vain philosophy. Their only rebuttal was prolonged silence.


     There is one entity that most Christians believe in. That body disdains God and the Constitution. The U.S. Supreme Court supplanted every person of the Holy Trinity in too many Christian minds. The next four years will prove that Mr. Jefferson was correct about God’s justice not sleeping forever.


     {1}http://www.godlessprolifers.org/home.html A nontheistic and nonreligious opposition to the life-denying horror of abortion. I'm James Matthew (Matt) Wallace, aka The Compleat Heretic. I'm both a Secular Humanist atheist and a pro-life advocate. All too often, I fear that I'm the only nonreligious person who opposes the genocide of abortion used as a birth control substitute.


    {2}  http://www.godlessprolifers.org/library/wallace2.html

     

    {3} http://law.bepress.com/cgi/viewcontent.cgi?article=1150&context=uvalwps I conclude that a more robust interpretation of the Rule is one which is advanced by some natural law philosophers and which offers a philosophical justification for the proposition that doing to others as one would have done to oneself is necessarily a case of doing good towards others. The article ends with some reflections on the implications this version of Golden Rule reasoning for legal policy-making, and in particular for the abortion debate. Luke 6: 32-5: ‘If you love only those who love you…. If you do good only to those who do good to you…. And if you lend only where you expect to be repaid, what credit is that to you? Even sinners’ do these things. ‘[Y]ou must love your enemies and do good; and lend without expecting any return’. Samuel Clarke’s Rule of Equity: ‘[w]hatever I judge reasonable or unreasonable, that another should do for me, that by the same judgment I declare reasonable or unreasonable, that I in the like case should do for him’. Clarke’s formulation is important not only because it makes explicit something that we have observed is implicit in the Golden Rule – that we are to treat others as we would have them treat us in similar instances (instances which, though they may differ on their facts, demand from the agent a similar attitude or disposition) – but also because it suggests that the Rule requires us to do to others the good that we would have them do to us (and to avoid doing to them the harm that we would have them avoid doing to us). That this is what Clarke understands reasonableness to mean is absolutely clear: ‘that which is good is fit and reasonable, and that which is evil is unreasonable to be done’.102 The Nazi who desires that all Jews be exterminated might just discover that he is a Jew. By universalizing his moral judgement in this instance, he reveals his extreme fanaticism: as Hare puts it, ‘nobody but a madman would hold’ that, on this discovery, they too should be sent to the gas chambers. Yet, Hare concedes such fanatics may well exist, and ‘golden-rule arguments seem powerless’against them….Most people – leave aside the genuine fanatic – are prevented from accepting certain moral judgements because those judgements entail logical consequences which they cannot accept. Unless we are prepared to disregard anyone’s desires, even our own, we are compelled to give weight to the desires of our neighbours. I have argued already that following the Golden Rule is distinguishable from good samaritanism. A separate question is whether the Golden Rule compels good samaritanism when a potential recipient is in need. Academic lawyers sometimes express dismay over the absence from the common law of a general duty to rescue.212 In civilian systems, such a duty is often set down in the national penal code. But the common law limits the duty to special relationships (parents to children, police officers to the public, and so on). It is difficult to say why this should be the case. =========Golden Rule is itself proof of that there are universally valid natural laws because it is by following the Rule that we grasp that justice requires: 1) respect for fellow citizens and their property; 2) ‘treatment of equals equally and unequals unequally’;258 and 3) ‘[a] shared language’ which, ‘combined with the gift of imagination [Vorstellungsgabe]’, enables us ‘to put ourselves in another’s place.’259 The problem with this argument is that, as we know from the ground covered already in this study, ‘treat others as you would have them treat you’ does not – certainly absent serious philosophical elaboration – serve as a principle for distinguishing between morally right and wrong action. Whereas post-Kantian defenders of the Golden Rule have generally tried to show that there is no necessary connection between our following the Rule and our particular tastes and preferences, Augustine was of the view that there is a connection but that we must distinguish the will, i.e., the open-ended (never fully realized) pursuit of the good,263 from cupidity, i.e., inordinate and unreasonable desire. A former colleague of Dworkin’s is very clearly committed to the premiss. If one accepts that abortion is deliberately killing the unborn, John Finnis argues, and that deliberate killing is wrong, then abortion is a denial of the unborn’s right to the equal protection of the laws against homicide.305 The unborn are others, and since the Golden Rule requires that we treat others as we would have them treat us, the unborn should have the same right not to be intentionally and unjustly killed as the rest of us.

     

    {4} http://www.universalmoralcode.com/code.html The Universal Moral Code was created by Kent M. Keith in 2003 while writing a book about morality and ethics. Dr. Keith believes that there is remarkable agreement around the world regarding basic moral principles. The Universal Moral Code is a list of these basic principles regarding how we should live and how we should treat each other. Following these principles can provide each of us with the meaning that comes from living our values and doing what's right.

     

  • CREATION, THE DECLARATION OF INDEPENDENCE, AND THE HISTORY OF "UNALIENABLE RIGHTS" BOOK REVIEW

    07/10/2008 2:01:46 PM PDT · 1 of 9
    Interposition
    A Creator exist, or dosen't. If there is no Creator, Jefferson's appeal to the "Supreme Judge of the world" in the Declaration of Independence is pure nonsense and so are your RIGHTS! Without a Creator, your highest appeal is to the State, where might takes rights. Think about it next time you hear someone scream separation of Creator and State. Think about what a person means when they emphatically state, "there are no absolute truths"[1] in contradistinction to Jefferson's: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted...."


     Who is the "Supreme Judge of the world" in the Declaration of Independence? Is he the “Creator” in the same document? Carl Sagan might have said that it’s Mr. Cosmos. But the intelligent design community couldn’t cope with Sagan’s brain-dead Cosmos. So, they gave Mr. Cosmos an irreducibly complex computer to make the universe and all it contains. Many[2] in the intelligent design community miss a very major point: Man was created in the image of God,[3] not in the image of an ape. The difference that makes is easily discovered among those asserting that animal rights are on par with, or superior to, the rights of man.[4]


     When Jefferson, in his old age, was confronted with the newly developing science of geology, he rejected the evolutionary concept of the creation of the earth on the grounds that no all-wise and all-powerful Creator would have gone about the job in such a slow and inefficient way.[5]

     If America was predominately Deist,[6] Jewish or Muslim, why was the Apostle Paul the most cited author in the political media between 1760 and 1805?[7] How do you account for all the Christian Religious Clauses in State Constitutions?[8] How do you explain Justice Joseph Story’s comments?[9]


     "Probably at the time of the adoption of the Constitution, and of the amendment to it now under consideration [First Amendment], the general if not the universal sentiment in America was, that Christianity ought to receive encouragement from the State so far as was not incompatible with the private rights of conscience and the freedom of religious worship. An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation.
      "The real object of the [First] [A]mendment was not to countenance, much less to advance, Mahometanism, or Judaism, or infidelity, by prostrating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment which should give to a hierarchy the exclusive patronage of the national government. It thus cut off the means of religious persecution (the vice and pest of former ages), and of the subversion of the rights of conscience in matters of religion, which had been trampled upon almost from the days of the Apostles to the present age. . . ." (Footnotes omitted.)


     This very brief assessment would be remiss without mentioning a text that Christianity, Islam and Judaism have in common:[10] “Franklin and Jefferson read the Torah - what they called the Old Testament - according to its original intention: they read it as a political text.”[11] One particular text in that corpus was cited more than any other written work:[12]


     Richard Niebuhr asked "to what extent did religious and specifically Christian convictions influence the development of American democracy" (126). By focusing on the American founding era, 1765-1805, Lutz (1988) offered a strong case for the influence of the First Testament. Most specifically, using citations to measure influence, he discovered the primacy of Deuteronomy. Even when compared to prominent secular works, "Deuteronomy [was] the most cited book" (1992: 136). The attraction of the Book of Deuteronomy for the founders is hardly a mystery. Scholars have long understood the importance of the biblical narrative.


     “The Old Testament prophets quoted from Deuteronomy frequently.” [13] Is Deuteronomy really a worthwhile book for Christians under grace, not law?


     No knowledgeable Christian would dispute the importance of the Book of Deuteronomy. Certainly we should take note of the fact that this book is cited more than 50 times in the New Testament. Counting allusions to Deuteronomy, the instances of New Testament use would increase to nearly 200 times.
     Deuteronomy was our Lord’s favorite Old Testament book. Henrietta Mears has written: “Jesus often quoted from Deuteronomy. In fact, it is almost invariably from this book that He quotes.”[14]


     If the the Virginia Declaration of Rights did not influence the writing of the Declaration of Independence, then someone should notify the National Archives to correct their mistake: “The Virginia Declaration of Rights strongly influenced Thomas Jefferson in writing the first part of the Declaration of Independence. It later provided the foundation for the Bill of Rights.”[15] Virginia's Declaration of Rights was adopted by the Virginia Constitutional Convention on June 12, 1776.[16] The last Section, 16, is indisputably Christian: “That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity toward each other.” 


     The “Creator” and “Supreme Judge of the world” is the same person. The Apostle Paul declared who that person was to the Athenians: “The times of ignorance God overlooked, but now he commands all people everywhere to repent, because he has fixed a day on which he will judge the world in righteousness by a man whom he has appointed; and of this he has given assurance to all by raising him from the dead” (Acts 17: 30, 31). The 1599 Geneva Study Bible has a note associated with v.31: “By declaring Christ to be the judge of the world through the resurrection from the dead.”


     The most celebrated American historian, George Bancroft, called Calvin "the father of America," and added: "He who will not honor the memory and respect the influence of Calvin knows but little of the origin of American liberty." To John Calvin and the Genevan theologians, President John Adams credited a great deal of the impetus for religious liberty (Adams, WORKS, VI:313). This document includes a justification for rebellion to tyrants by subordinate government officials; this particular justification was at the root of the Dutch, English, and American Revolutions.[17]

     But everyone knows that Christ was born two millennia ago. Obviously, Christ existed prior to human birth - Colossians 1: 15-20: “He is the image of the invisible God, the firstborn of all creation. For by [6] him all things were created, in heaven and on earth, visible and invisible, whether thrones or dominions or rulers or authorities—all things were created through him and for him. And he is before all things, and in him all things hold together. And he is the head of the body, the church. He is the beginning, the firstborn from the dead, that in everything he might be preeminent. For in him all the fullness of God was pleased to dwell,  and through him to reconcile to himself all things, whether on earth or in heaven, making peace by the blood of his cross.”[18]  The 1599 Geneva Study Bible, Col. 1:15 has another note: “Begotten before anything was made: and therefore the everlasting Son of the everlasting Father.” Matthew Henry’s Commentary on the Whole Bible (1706) is even more explicit about Christ as Creator.


     What does any of this have to do with today? Nothing! That’s why America gets to choose McCain or Obama. Israel had a choice America no longer has: “See, I have set before thee this day life and good, and death and evil” (Deuteronomy 30:15). America gets to chose between Evil & Evil.[19]

     

    [1] http://www.carm.org/relativism/relativism_refute.htm Relativism is the philosophical position that all points of view are equally valid and that all truth is relative to the individual.  But, if we look further, we see that this proposition is not logical.  In fact, it is self refuting. http://www.probe.org/worldview--philosophy/truth-decay.html Postmodernism is built upon the belief that truth doesn’t exist except as the individual wants it to exist. Not only is this used in English classes on high school and college campuses, it is being applied to biblical interpretation. http://www.str.org/site/News2?page=NewsArticle&id=5662 There is no truth," there must be at least 14 things that are true before you can even make the statement. They must, in fact, be necessarily true, given the statement itself. When I say necessarily true, I mean there's no way they can be false, given the statement, "There is no truth," uttered in English. If there's such a statement uttered in English, then all these other things must be true. It's impossible for them not to be true. http://www.leaderu.com/aip/docs/geuras.html [Postmodernism] affirms that whatever we accept as truth and even the way we envision truth are dependent on the community in which we participate . . . There is no absolute truth: rather truth is relative to the community in which we participate.


     [2] http://www.arn.org/docs/behe/mb_idisnotcreationism.htm I am not a creationist and have no reason to doubt common descent. In fact, my own views fit quite comfortably with the 40% of scientists that Scott acknowledges think "evolution occurred, but was guided by God."


     [3] http://www.apologeticspress.org:80/articles/123 The “image of God” simply means that MAN REFLECTS HIS CREATOR IN THOSE CAPACITIES AND CAPABILITIES WHICH SEPARATE HIM FROM THE REST OF THE CREATION.


     [4] http://www.icr.org/radio/view/63/ Animal Rights and Evolution http://www.city-journal.org/html/10_3_urbanities-animal.html Properly understood, the concept of a right—and the attendant ideas of duty, responsibility, law, and obedience—enshrines what is distinctive in the human condition. To spread the concept beyond our species is to jeopardize our dignity as moral beings, who live in judgment of one another and of themselves. Meanwhile, Princeton University's Center for the Study of Human Values has appointed the Australian philosopher Peter Singer, author of the seminal Animal Liberation (1975), to a prestigious chair, causing widespread disgust on account of Singer's vociferous support for euthanasia. (Defenders of animal rights not infrequently also advocate the killing of useless humans.) Singer's works, remarkably for a philosophy professor, contain little or no philosophical argument. http://www.icr.org/article/432/ For three decades, Holmes brought his distinctively Darwinian bias to the Court. He spoke candidly: "I see no reason for attributing to man a significance different in kind from that which belongs to a baboon or a grain of sand." http://74.255.56.30/blog/?p=72 So what would be Dershowitz’s substitute for the God-language of the Declaration and countless other official government documents that mention God and Jesus Christ? For Dershowitz, Nature is our god.


     [5] http://www.icr.org/index.php?module=articles&action=view&ID=805 Thomas Jefferson, reputedly a deist, but nevertheless a believer in God and special creation. Some of his testimonies are actually inscribed on the walls of the Jefferson Memorial, in Washington, D.C. For example: Almighty God hath created the mind free. All attempts to influence it by temporal punishments or burthens . . . are a departure from the plan of the Holy Author of our religion . . . .


     [6]http://www.regent.edu/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/vol20no3/Sandoz_Republicanism.pdf  Indicative is the fact that Congress declared at least sixteen national days of prayer, humiliation, and thanksgiving between 1776 and 1783; and Presidents Washington and Adams continued the practice under the Constitution. The onset of the so-called Second Great Awakening conventionally is dated from around 1790, but in fact it seems to have begun earlier. New Side and New Light evangelism stirring personal spiritual experience continued throughout the period, and the political sermons often were extraordinary in power and substance. Religious services were routinely held in the newly completed Capitol itself in Washington, in the House and Senate chambers as these became available. President Thomas Jefferson and his cabinet attended, along with the members of Congress and their families, inaugurating a practice that continued until after the Civil War. http://www.regent.edu/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/vol20no3/Berman_ReligionandLiberty.pdf  Of the roughly 3200 religious congregations that existed in the thirteen English colonies of North America in 1776, roughly two-thirds were either Congregationalist, Presbyterian, Baptist, or Quaker; German and Dutch Protestant congregations constituted about fifteen percent, and Anglican congregations constituted another fifteen percent. Fifty-six of the roughly 3200 congregations were Roman Catholic and five were Jewish. Thus, in 1776 and later, Protestant Christianity predominated, but there was a wide pluralism within it, and Catholicism and Judaism were tolerated. In several of the seceding colonies a particular Protestant denomination was “established” with substantial political and financial prerogatives—for example, in Massachusetts the Congregational church—but even in those colonies other denominations were permitted to exist, and by the mid-1830s establishment of a particular denomination no longer existed in any state of the Union.

     

    [7] http://personal.pitnet.net/primarysources/influences.html Source: Donald S. Lutz, "The Relative Importance of European Writers on Late Eighteenth Century American Political Thought," American Political Science Review 189 (1984), 189-97.


     [8] http://www.constitution.org/primarysources/state.html  & http://www.nd.edu/~dnordin/Pages/works/papers/Junior%20Year/American%20Founding.htm Mr. Lutz summarizes the political reality of the Puritan-Judaic parallel in these words:In almost every significant detail the church covenants written in early colonial America resemble Jewish covenants . . .the radical Protestant return to biblical sources for ordering their lives led to their becoming, to a far greater extent than they realized, precisely what they saw themselves as metaphorically--a modern version of the Jewish people.[33]


    [9] http://www.belcherfoundation.org/wallace_v_jaffree_dissent.htm UNITED STATES SUPREME COURT JUSTICE REHNQUIST'S DISSENT IN WALLACE V. JAFFREE (1985)


     [10] http://www.otago.ac.nz/chaplain/resour/DJCMCLG.pdf Moses was born in Egypt about 3,500 years ago, at a time when the Hebrew people were enslaved and oppressed. After the Exodus he ascended Mt. Sinai and God gave him the Torah to deliver to the Children of Israel. Jews, Christians and Muslims all revere him as a prophet. The Torah is the Law that was revealed by God at Mt. Sinai. The term usually refers to what Christians call the Pentateuch (the first five books of the Bible). In Jewish literature and worship the word is sometimes used to denote certain other things but one cannot go wrong in applying it solely to these books. The Torah, written in Hebrew and on a single Scroll, is read in Jewish synagogues and is central to Jewish faith and practice. http://www.answering-islam.org/Intro/replacing.html The footnote in the King Fahd edition of the Qur’an reads as follows: There exists in the Taurat (Torah) and the Injeel (Gospel), even after the original text has been distorted, clear prophecies indicating the coming of Prophet Muhammad, e.g. Deut 18:18; 21:21…. http://www.faithalone.org/journal/1999ii/J23-99b.htm In Paul’s interpretation of Deuteronomy, Christ is God’s present revealed truth given to all people in the gospel. Justification through faith in the heart and divine help for obedience to Christ (sanctification) are readily available to all, not just the Jew. Gentiles too can believe in the Lord Jesus and call on Him for help of all kinds. After all, Christ is rich to all that call on Him for deliverance. But first, one must believe in Him before he can call on Him.


     [11] http://www.hagshama.org.il/en/resources/view.asp?id=904 The American Revolution is the best place to begin the exploration, because the American Revolution was the first modern, democratic revolution. If it can be demonstrated that the American revolutionaries turned to the Hebrew Bible - to the Torah - for inspiration and guidance, then this would indicate that the commonly held view about the conflict between Judaism and democracy might be mistaken. Why did Franklin and Jefferson see the American emancipation from England in light of the emancipation of the nation of Israel from Egypt? And where did Franklin get the strange notion that, “Resistance to tyrants is obedience to God?” All laws must be justified before God's Law, and one can refuse to comply with man-made law upon the grounds that God's Law is superior.


     [12]http://findarticles.com/p/articles/mi_m0LAL/is_1_32/ai_94331932/print?tag=artBody;col1 Covenants and criticism: Deuteronomy and the American founding. Biblical Theology Bulletin, Spring, 2002. In short, the biblical text upon which the American founders relied for their constitutionalism would have been vastly different without the hand of the Deuteronomist. http://www.nccs.net/newsletter/oct03nl.html "It very quickly became apparent where the focus of interest was concentrated in the minds of the Founding Fathers. Of the thousands of citations quoted to support their ideas, 34% came from one source -- the Bible. Most of these were from the book of Deuteronomy which is the Book of God's Law. In 1639, the first written Constitution in America was prepared for Connecticut by Rev. Thomas Hooker and his friends. It was based on the first chapter of Deuteronomy. Later, the settlers of Rhode Island copied it for their own constitution. http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=2068&Itemid=27 These volumes provide a selection of seventy-six essays, pamphlets, speeches, and letters to newspapers written between 1760 and 1805 by American political and religious leaders. Many are obscure pieces that were previously available only in larger research libraries. But all illuminate the founding of the American republic and are essential reading for students and teachers of American political thought.

    . http://www.wnd.com/news/article.asp?ARTICLE_ID=45486 The most quoted source was not Locke, not Montesquieu, not Voltaire, but the Bible – specifically the book of Deuteronomy. http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2068&chapter=156128&layout=html&Itemid=27 Anyone attempting to read comprehensively the newspapers published in America between 1760 and 1805 runs into several problems. An estimated four thousand political essays and letters were examined in the newspapers from the era. Because it was the practice in even the most sophisticated publications to reprint pieces from papers in other colonies, in some instances a political essay was encountered four or five times in various newspapers, from South Carolina to New Hampshire. In the list below, those newspapers that were consulted comprehensively for the period 1760-1805 are marked with an asterisk. The rest are listed to show which major papers were not so examined, and to help provide a reasonably complete list of newspapers for the period.


     [13] http://www.thruthebible.org/atf/cf/%7BFEA5B386-48F1-4797-9023-5F77EED319B7%7D/Deuteronomy.pdf  These notes, prepared by J. Vernon McGee, are for the purpose of giving assistance to the listeners of the THRU THE BIBLE RADIO program.


     [14] http://www.bible.org/page.php?page_id=1402 Israel’s Covenant Renewal


     [15] http://www.archives.gov/exhibits/charters/declaration.html & http://www.archives.gov/exhibits/charters/declaration_history.html The committee consisted of two New England men, John Adams of Massachusetts and Roger Sherman of Connecticut; two men from the Middle Colonies, Benjamin Franklin of Pennsylvania and Robert R. Livingston of New York; and one southerner, Thomas Jefferson of Virginia. In 1823 Jefferson wrote that the other members of the committee "unanimously pressed on myself alone to undertake the draught [sic]. I consented; I drew it; but before I reported it to the committee I communicated it separately to Dr. Franklin and Mr. Adams requesting their corrections. . . I then wrote a fair copy, reported it to the committee, and from them, unaltered to the Congress." (If Jefferson did make a "fair copy," incorporating the changes made by Franklin and Adams, it has not been preserved. It may have been the copy that was amended by the Congress and used for printing, but in any case, it has not survived. Jefferson's rough draft, however, with changes made by Franklin and Adams, as well as Jefferson's own notes of changes by the Congress, is housed at the Library of Congress.) Jefferson's account reflects three stages in the life of the Declaration: the document originally written by Jefferson; the changes to that document made by Franklin and Adams, resulting in the version that was submitted by the Committee of Five to the Congress; and the version that was eventually adopted.


     [16] http://www.archives.gov/exhibits/charters/virginia_declaration_of_rights.html Virginia's Declaration of Rights was drawn upon by Thomas Jefferson for the opening paragraphs of the Declaration of Independence. It was widely copied by the other colonies and became the basis of the Bill of Rights. Written by George Mason, it was adopted by the Virginia Constitutional Convention on June 12, 1776. http://www.regent.edu/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/vol20no3/Hassell_Evolution.pdf Virginia’s first constitution and Declaration of Rights served as models for the Federal Constitution and the Federal Bill of Rights. The Supreme Court of Virginia, which predates the United States Supreme Court, served as a model for that Court. During discussions about the judiciary, United States Chief Justice John Marshall noted: “[T]he greatest curse an angry heaven ever inflicted upon an ungrateful and a sinning people, was an ignorant, a corrupt, or a dependent judiciary. Will you call down this curse on Virginia?”42


     [18] http://www.icr.org/article/218/ Foundation of Christology. http://www.bible.org/page.php?page_id=5438 The Preincarnate Son of God. http://www.middletownbiblechurch.org/sonship/sonsh06.htm An examination of the Scriptural evidence  showing that the Second Person of the Trinity existed as the Son prior to the incarnation, yes, even in eternity past! http://www.valleybible.net/Adults/ClassNotes/TheologySurvey/Christ/PreincarnateChrist.pdf Positively Stated: In His essential being Jesus Christ never began to be; He existed from eternity as the Second Person of the Triune Godhead. Negatively Stated: In His essential being, Jesus Christ did not begin to exist when He was conceived in the womb of His mother, Mary. Practically Stated: The Second Person of the Triune Godhead made a conscious and gracious decision to lay aside the glories and reputation of deity to take upon Himself the nature of man and the form of a servant (Philippians 2:5-11). http://www.theology.edu/journal/volume3/theoph.htm I think it is abundantly clear from scripture that the theophanies of the Old Testament are clearly the preincarnate Christ. It is, in my opinion, the only satisfactory conclusion we can make given the evidence. http://www.answering-islam.org/Who/theos.html This Fourth Gospel begins (1:1) as it ends (20:28), and the Prologue to this Gospel begins (1:1) as it ends (1:18), with an unambiguous assertion of the deity of Christ: "The Word was God" (1:1); "the only Son, who is God" (1:18); "my Lord and my God!" (20:28).[18] In his preincarnate state (1:1), in his incarnate state (1:18), and in his postresurrection state (20:28), Jesus is God. For John, recognition of Christ's deity is the hallmark of the Christian. http://www.reasonablefaith.org/site/News2?page=NewsArticle&id=5867 Protestants bring all doctrinal statements, even Conciliar creeds, before the bar of Scripture. In this case one has to say honestly that nothing in Scripture warrants us in thinking that God the Son is begotten of the Father in His divine, rather than in merely His human, nature. The vast majority of contemporary New Testament scholars recognize that even if the word traditionally translated “only-begotten” (monogenes) carries a connotation of derivation when used in familial contexts--as opposed to meaning merely “unique” or “one of a kind” as many scholars maintain--nevertheless the biblical references to Christ as monogenes (John 1.1, 14, 18; cf. Revelation 9.13)do not contemplate some pre-creation or eternal procession of the divine Son from the Father, but have to do with the historical Jesus’ being God’s special Son (Matthew 1.21-23; Luke 1-35; John 1.14, 34; Galalatians 4.4; Hebrews 1.5-6). I John 5.18 does refer to Jesus as ho gennetheis ek tou theou (the one begotten of God), which is the crucial expression, but there is no suggestion that this begetting is eternal or has to do with his divine nature. Rather, Christ’s status of being the Only-Begotten has less to do with the Trinity than with the Incarnation. http://www.wscal.edu/clark/splendor.php A second strand of Trinitarian revelation in the Old Testament is the revelation of the Son in the history of redemption in the person of the Angel of the Lord (Malak Yahweh). When the Angel of the Lord appeared he was treated not as a mere heavenly representative of God, but as God himself; he did not reject worship, but accepted it as only God can. (Typically it is only after one has had an encounter with the Angel of the Lord that one realizes that, in fact, it was no mere angel but God himself; see Gen. 16:9-13; 22:11-18; 32:28-30; Ex. 3:2-6; Judges 6:11-14, 22; 13:22.) Both Augustine and Calvin interpreted these manifestations as wonderfully cryptic revelations of God the Son in a pre-incarnate state. http://www.ctsfw.edu/events/symposia/papers/sym2003gieschen.pdf Paul states that the Son is “the image of the invisible God” (Col.1:15). This understanding of the son as the image of God does not apply only to his incarnate state, but also his pre-incarnate state; he has been the image of God seen by sinful man since the Fall in Eden. Does this mean that since the Father is unseen, he is somehow unknown in the OT? Absolutely not. What Jesus said about his incarnate state also applies to the OT: “The one who has seen me, has seen the Father” (John 14:9) Our primary understanding of Christ in the OT is one of prophecy, not presence. Oh, we do show some boldness by stating that that the use of the plural in the creation narrative— “Let us make man in our own image”(Wnmel.c;B. ~d'a' hf,[]n: ; Gen 1: 26)—indicates the presence of the Son in creation and that the appearances of the Angel of the Lord are appearances of the pre-incarnate Christ.

     

    [19] http://www.freerepublic.com/focus/f-news/1994885/posts Can't see America going for either of those two useful idiots.

  • What Congress Can Do for This American

    07/09/2008 10:47:18 AM PDT · 15 of 15
    Interposition to supercat
    Your mention of Article V places this issue in proper perspective. Judges are completely excluded from modifying the Constitution. That fact alone should register with Congress, the President and every state official taking an oath to the Constitution.


     Article VI, Clause 2 reveals that majority opinions aren’t equal to, or greater than 1) This Constitution; 2) the Laws of the United States which shall be made in Pursuance thereof; 3) all Treaties made, or which shall be made, under the Authority of the United States…. This fact is admitted by the Administrative Office of the U.S. Courts on behalf of the U.S. Courts: “The courts do not make the laws. That is the responsibility of Congress.”[1]


    The difference between a law and a majority opinion is enormous. Majority opinions extend no further than between the parties to the case or controversy. Majority opinions are evidence of law, not law.[2] Law encompasses everyone under its jurisdiction. Therefore, “the authority of Supreme Court precedent is very weak indeed.” 


     Your comment is very similar to the one made by “the celebrated Montesquieu: ‘Of the three powers above mentioned, the judiciary is next to nothing.’ ‘Spirit of Laws.’ vol. i., page 186.”[3] So, your “IMHO” is so well substantiated that it is a self-evident truth, which should be common Constitutional sense possessed by every voter and government official.  


     [1] http://www.uscourts.gov/about.html


     [2] http://law.bepress.com/cgi/viewcontent.cgi?article=1078&context=uvalwps Since the content of a judicial opinion was not seen as the equivalent of law but only as evidence of law’s application to a particular case, the practice of stare decisis was qualified: whatever presumption lay in favor of following established “case law” needed to be understood as capable of being overcome once that “case law” was determined to be demonstrably erroneous. http://www.law.gmu.edu/assets/subsites/gmulawreview/files/14-2/documents/SINCLAIR.pdf Yet judges were not infallible. Their decisions did not make law, forof mundane institutions, only a legislature could do that.82 Judicial decisions were evidence of law, authoritative, but not preemptive. “[I]ndeed these judicial decisions are the principal and most authoritative evidence, that can be given, of the existence of such custom as shall form a part of the common law.”83 Yet a subsequent judge could find that his predecessor had been mistaken, that in the precedent case the court had misperceived the moral blueprint in the sky. The prior decision was not “bad law, but . . . itwas not law. . . .”84 On the declaratory theory a court did not and could not absolutely bind its successors.85 BLACKSTONE, supra note 38 at *69 (“[I]n such cases the subsequent judges do not pretend to make a new law but to vindicate the old one from misrepresentation.”). See Swift v. Tyson, 41 U.S. 1(1842) (Story, J.): In the ordinary use of language it will hardly be contended that the decisions of courts constitute laws. They are, at most, only evidence of what the laws are, and are not, of themselves, laws. They are often re-examined, reversed, and qualified by the courts themselves, whenever they are found to be either defective, or ill-founded, or otherwise incorrect. Id. at *18.84 BLACKSTONE, supra note 38, at *70.85 Blackstone:Yet this rule [to abide by precedents] admits of exception, where the former determination is most evidently contrary to reason; much more if it be clearly contrary to the divine law. But even in such cases the subsequent judges do not pretend to make a new law, but to vindicatethe old one from misrepresentation. http://www.lonang.com/conlaw/4/c45.htm The role of the judge is to declare what law already exists. The standard legal maxim is, Jus dicere, et non jus dare. That is, the province of a judge is to declare the law, not to make it. [U.S. v. Butler.] case precedents are binding in moral force only, that is, as a matter of persuasion, not as a matter of obligation. Prior opinions are not to be followed if plainly absurd. Thus, judicial opinions are not "law," they are only evidence of it. http://www.lonang.com/foundation/3/f36b.htm Supreme Court Opinions Are Only Evidence of Law, Not Law Itself and Not the Supreme Law of the Land. http://org.law.rutgers.edu/publications/law-religion/articles/7_1_1.pdf Roe v. Wade: A Scandal Upon The Court. Part I: The Unsettling of Roe v. Wade Chief.  Justice Mansfield, in the English case of Jones v. Randall (1774), observed: The law would be a strange science if it rested solely upon cases; and if after so large an increase of commerce, arts and circumstances accruing, we must go to the time of Rich. 1 (1189-1199) to find a case, and see what is law. Precedent indeed may serve to fix principles, which for certainty’s sake are not suffered to be shaken, whatever might be the weight of the principle, independent of precedent. But precedent, though it be evidence of law, is not law in itself, much less the whole of the law. Whatever is contrary, bonos mores est decorum [literally: whatever is against good manners (or customs)] and seemliness (or propriety) [freely: whatever is against public morals], the principles of our law prohibit, and the King’s Court as the general censor and guardian of the public manners, is bound to restrain and punish.60


     [3] http://www.yale.edu/lawweb/avalon/federal/fed78.htm The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

  • What Congress Can Do for This American

    07/08/2008 6:49:46 AM PDT · 13 of 15
    Interposition to vanishing liberty
  • What Congress Can Do for This American

    07/07/2008 7:57:38 PM PDT · 8 of 15
    Interposition to cpforlife.org
    Report: 30 States Ready to Outlaw Abortion, Tuesday, October 05, 2004. http://www.foxnews.com/story/0,2933,134530,00.html

    What are they waiting for? They are waiting for an amendment, conservative judges, and other things that may never be. Why are they waiting? Their own neck isn't in the noose. But, you are correct on your assessment of politicians. 99 percent aren't pro-life. Why should any be, when they can get elected by merely claiming to be?

    Abortion is murder. How much educating does that take? 36 states have fetal homicide laws. The ones that don't are rogue states.

    What states need to do is ignore SCOUTS on abortion and start closing the murderous facilities. Surely, federal forces wouldn't invade.

  • What Congress Can Do for This American

    07/07/2008 7:14:29 PM PDT · 5 of 15
    Interposition to Libertarianize the GOP
    That is a very informative link. It contains some comments about Justice Joseph Story’s take on the issue. Reddish’s testimony is at odds with Story’s story:
    Early in the nation's history, Justice Joseph Story argued that the words, ''shall be vested'' in Article III dictate that the lower federal courts must exist to exercise judicial power in those cases constitutionally excluded from both the highly limited original jurisdiction of the Supreme Court and the jurisdiction of the state courts. Were the jurisdiction of the lower federal courts not to exist in such cases, the command of Article III that some federal court be available to adjudicate the case—either a lower court or the Supreme Court—would be violated. However, even if Story were correct in his assumption that the words, ''shall be vested'' are to be construed to be a command—by no means an obviously correct construction—he ignored the fact that, given the nature of the Madisonian Compromise that led to the drafting of Article III, there are absolutely no federal cases constitutionally excluded from state court jurisdictional authority. Thus, the entire logic of Story's theory breaks down. It is therefore not surprising that, while the theory has acquired some modern scholarly support, it has been virtually ignored by the courts. See Linda Mullenix, Martin Redish & Georgene Vairo, Understanding Federal Courts and Jurisdiction 7–9 (Matthew Bender 1998).
  • What Congress Can Do for This American

    07/07/2008 6:42:48 PM PDT · 2 of 15
    Interposition to Interposition

    http://nordskogpublishing.com/publisherscorner/TNA%232402_Cover_Story.pdf

    SECOND ATTEMPT TO POST THE SOURCE FILE FOR THE ARTICLE

  • What Congress Can Do for This American

    07/07/2008 6:36:58 PM PDT · 1 of 15
    Interposition

    We the People Act (H.R. 300)1


    says the “The Supreme Court of the United States and each Federal court” may not adjudicate –


    1. any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion;


    1. any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction; or


    1. any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation; and that


    1. a violation by a justice or a judge of any of the provisions of the Act shall be an impeachable offense, and a material breach of good behavior subject to removal by the President of the United States according to rules and procedures established by the Congress.


    The first screaming objection you hear upon mentioning jurisdiction stripping legislation is “THEY CAN’T DO THAT!” But that intimidating objection, from those with acute cases of delirium, does nothing to prove that Congress hasn’t already done so on many occasions: “In the 107th Congress (2001-2002), Congress used the authority of Article III, Section 2, clause 2 on 12 occasions to limit the jurisdiction of the federal courts.” 2 The only thing that opponents could mean is that the Constitution prohibits what the text of Article III explicitly permits: Just “ask Alice, when she's ten feet tall.”3


    Wonderland, like Disneyland, expects visitors to eventually leave. But for those who have taken up permanent residence in Alice’s adventure, consider what Chief Justice John Roberts said once upon a time, in a place far, far away from the state of affairs today:4


    When Chief Justice John Roberts was Special Assistant to the Attorney General during the Reagan Administration, he wrote a 27-page document defending the constitutional power of Congress to limit federal court jurisdiction. Proving that Supreme Court justices recognize this power over the courts, he pointed out that former Supreme Court Justice Owen Roberts (no relation) had proposed an "amendment of the Constitution to remove Congress' exceptions power."


    The Owen Roberts amendment was passed by the Senate in 1953 but then tabled by the House. John Roberts concluded that Congress's constitutional authority to make exceptions to federal court jurisdiction is so clear that only a new constitutional amendment could deny it.


    Last fall, Congress proved again that it has the power to define court jurisdiction by giving immunity to gun manufacturers and owners from lawsuits that try to impose liability on them for the criminal misuse of their weapons by others. This Protection of Lawful Commerce in Arms Act was promptly signed by President Bush.


    Is there more to this picture than meets the eye? Is a devil lurking somewhere in the details of Constitutional explication? Why doesn’t your representative ever mention it? Why does the media avoid it? Why do all the political action organizations suppress this truth? How do we know that Roberts wasn’t on mushrooms in Wonderland? Once upon a time, there was a just Justice in the minority for a minority, who informed everyone how to calibrate their Constitutional baloney detector:5


    [W]hen a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under the government of individual men, who for the time being have power to declare what the Constitution is, according to their own views of what it ought to mean." Dred Scott v. Sandford, 19 How. 393, 621 (1857) (Curtis, J., dissenting).


    Who, other than Roberts, and the author of the posted article can we turn to for a strict interpretation? How do we know that the Constitutional text means exactly what it states? Examine the written and oral Congressional testimonies of Martin H. Redish, Louis And Harriet Ancel Professor Of Law And Public Policy, Northwestern Law School;6 Phyllis Schlafly, Founder And President, Eagle Forum;7 the Prepared Statement of Professor Charles E. Rice, Professor Emeritus of Law, Notre Dame Law School, submitted by Rep. Steve Chabot,8 and others in agreement with those expert witnesses. Obviously, Red Queens in black robes and their acolytes are in opposition to the text. Professor Redish calls them “phantoms” – a euphemistic term for the citizens of Wonderland and postmodernism.


    A couple of years ago, some churchmen signed a document acknowledging that abortion is murder.9 The fact that abortion is murder (at least 36 states have fetal homicide laws)10 is acknowledged by atheist Doris Gordon, founder of Libertarians For Life.11 The reign of terror precipitated by the federal court and unopposed by nearly every politician finds no refuge in religion or in its absence. This reign of terror, licensing murder, is based in anarchy:12

    Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger….


    The following is some commentary by too few voices against anarchy:


    1. Ending Pro-Abortion Judicial Tyranny13

    2. Why We Need The "We The People" Act (H.R. 300)14

    3. The Imperial Judiciary15

    4. Bill limits federal courts: Would stop judges from ruling on abortion, same-sex marriage cases16

    5. We, The People Act17

    6. 31 years since roe and counting18

    7. 2006 State Republican Party Platform of Texas19




    1 http://www.thelibertycommittee.org/home.asp Representative Ron Paul reintroduced the We the People Act (H.R. 300) on January 5, 2007 with cosponsors Rep. Walter B. Jones, Jr.; and Rep. Ted Poe to "limit the jurisdiction of the federal courts, including the United States Supreme Court, in certain cases."


    Are you fed up with activist federal judges telling our children that they can't say the Pledge of Allegiance? Do you want federal courts telling you that there is a right to pornography in schools but God must be kept out of the classroom? That's what some courts are saying, but Congress can stop them.


    Do you want federal courts forcing partial-birth abortion on America as a "constitutional right" by striking down state laws duly enacted by the people to ban that gruesome procedure? Do you want federal courts declaring that homosexuals have "special rights" that you and I don't have, or forcing racial quotas and affirmative action on jobs and higher education? If not, then do something about it.


    2 http://www.washtimes.com/news/2003/oct/06/20031006-085845-5892r/ Article III, Section 2, updated 12:00 a.m., October 7, 2003.


    3 http://www.lyricsmode.com/lyrics/j/jefferson_airplane/white_rabbit.html Jefferson Airplane

    White Rabbit lyrics. “When logic and proportion have fallen sloppy dead”


    4 http://www.eagleforum.org/column/2006/jan06/06-01-25.html Can Congress Limit Federal Court Jurisdiction?


    5 http://www.law.cornell.edu/supct/html/91-744.ZX4.html PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA, et al., PETITIONERS 91-744 v. ROBERT P. CASEY, et al., etc. ROBERT P. CASEY, et al., etc., PETITIONERS 91-902. Justice Scalia, with whom the Chief Justice, Justice White, and Justice Thomas join, concurring in the judgment in part and dissenting in part.


    9 http://www.firstthings.com/article.php3?id_article=5358 That They May Have Life, 2006 First Things (October 2006). A Statement of Evangelicals and Catholics Together. Thus the most basic commandment of neighbor-love is “You shall not kill” (Exodus 20:13, Deuteronomy 5:17). “You shall not kill” is rightly understood as “You shall not murder.” The direct and intentional taking of innocent human life in abortion, euthanasia, assisted suicide, and embryonic research is rightly understood as murder. In the exceedingly rare instance of direct threat to the life of the mother, saving her life may entail the death of the unborn child. Such rare and tragic instances are in sharpest contrast to the unlimited abortion license created by the Supreme Court, resulting in more than forty million deaths since 1973.


    10 http://www.ncsl.org/programs/health/fethom.htm Currently, at least 36 states have fetal homicide laws. The states include: Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin. At least 19 states have fetal homicide laws that apply to the earliest stages of pregnancy ("any state of gestation," "conception," "fertilization" or "post-fertilization"), indicated below with an asterisk (*).


    11 http://www.l4l.org/library/someinfo.html As libertarians, LFL's interest in the abortion debate is in everyone's unalienable rights. LFL's reasoning is philosophical, not religious. Some LFL associates are religious; others, such as Gordon, are atheists.


    13 http://www.prolifealliance.com/sanctity%20of%20life%20act.html Members of the National Pro-Life Alliance are putting heat on politicians to bring an end to pro-abortion judicial tyranny by passing the Sanctity of Life Act.


    14 http://www.newswithviews.com/DeWeese/tom78.htm By Tom DeWeese, March 21, 2007. In order to hold Federal judges accountable for abusing their powers, the act also provides that a judge who violates the act's limitations on judicial power shall either be impeached by Congress or removed by the President, according to rules established by Congress.


    15 http://www.newswithviews.com/Pratt/larry51.htm THE IMPERIAL JUDICIARY, By Larry Pratt

    December 3, 2005. Does the Constitution provide for judicial supremacy through the process of judicial review? Attorney Edwin Vieira, J.D. answers with an emphatic “No!” in his book Imperial Judiciary. A look at Article III of the Constitution does not reveal a heavy work load for the Supremes: the court has original jurisdiction in cases involving states as well as diplomats. All other cases are brought on appeals, and if the lower courts are eliminated by Congress which has that authority, that ends the discussion.


    16 http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=48319 Call it the 10th Amendment Restoration Act.


    17 http://www.traditionalvalues.org/modules.php?sid=2673 One of TVC’s primary goals during the next several years is to take back our federal courts from radical leftwing activist judges who have no respect for the Constitution or the laws passed by state legislatures or Congress.


    18 http://www.rnclife.org/faxnotes/2004/jan04/04-01-21.html Republican National Coalition for Life. Pro-life Republicans should expect candidates to have a consistent position on the right to life.


    Too many politicians get away with splitting the difference. On the one hand, they say they are pro-life, and on the other, send a signal to the pro-abortion crowd that they are really no threat to legal abortion after all.


    But then Mr. Ryan sends a different signal. He says, “Ronald Reagan, George W. Bush and Henry Hyde share my system of beliefs that abortion should only be allowed in cases of rape, incest or when the life of the mother is at stake.” The glaring inconsistency of this position is amazing, and unfortunately, it is an inconsistency that is commonly expressed by politicians and often accepted as sufficient by pro-life voters! It is impossible to believe in the “sanctity of human life from conception until natural death,” and at the same time justify abortion for rape or incest or any other reason.


    We must send a loud and clear message to candidates that we will not grant them pro-life status unless they earn it with a publicly stated position that the unborn child has a fundamental individual right to life which cannot be infringed—no exceptions—no compromise!


    If legal protection of the right to life is to be restored in the United States it will take a majority of Members of the U.S. House and Senate who will exercise their powers under the U.S. Constitution to withdraw jurisdiction from the Courts over these matters. If legislation is to be enacted recognizing that unborn babies are persons under the law, it will take Congressmen and Senators and state legislators who are unconditionally pro-life to do it. If men and women with the dedication and commitment necessary to make these things happen are to be elected it will take pro-life leaders and individual voters who will no longer settle for second best.


    19 http://www.texasgop.org/site/DocServer/2006_Plat_with_TOC_2.pdf?docID=2022 Appellate Jurisdiction of the Supreme Court – Congress should be urged to exercise its authority under Article III, Sections 1 and 2 of the United States Constitution, and should withhold appellate jurisdiction of the Supreme Court in such cases involving abortion, religious freedom, and all rights guaranteed under the Bill of Rights.