Staff News!
American Judicial Alliance welcomes longtime partner Jason Stern as our new vice president!
Now working fulltime at AJA, Jason is developing new approaches to our communications presence and helping to develop donor relations. His wise leadership and increased involvement will multiply our effectiveness as an organization as we engage courts throughout the nation. In addition, new interns, including a few young attorneys, are joining us as our team continues to expand.
It is thrilling to watch God equipping American Judicial Alliance for an active year!
Justice Thomas and the Constitution
“If [a law] is wrong, the ultimate precedent is the Constitution. It’s not what we say it is, it’s what it actually says. And I think we have to be humble enough to say ‘we were wrong.'”
— Justice Clarence Thomas, February 2009
Thomas was responding to a question about the Court’s review of the McCain-Feingold Campaign Finance Law. His quote echoes former Justice Felix Frankfurter (who happened to have been the president of the ACLU before his court days). Here is Frankfurter’s quote:
“The ultimate touchstone of constitutionality is the Constitution, and not what we have said about it.” — Felix Frankfurter, Graves v. New York, 306 US 466 (1939)
Here is an audio clip of Justice Thomas’ remarks:
Here are a few more quotes to chew on:
“[I]n the lapse of [time], changes have taken place which in particular passages … obscure the sense of the original … [and] present wrong signification or false ideas. Whenever words are understood in a sense different from that which they had when introduced …. mistakes may be very injurious.” Noah Webster in Preface of the Webster Bible
“Though written constitutions may be violated in moments of passion or delusion, they furnish a text to which those who are watchful may again rally.” — Thomas Jefferson
“On every question of construction (of the Constitution) let us 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.” — Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p322.
“The first and fundamental rule in the interpretation of all instruments is, to construe them according to the sense of the terms, and the intentions of the parties.” Justice Joseph Story, III Commentaries on the Constitution of the United States §400 (1883) at p383
23rd Judicial Bible Dedication Coming Soon!
Join us at Frank’s Restaurant in Prarieville next Thursday, February 4th at 8:00 AM as we dedicate a commemorative Bible to the Louisiana 23rd Judicial District Court.
Please RSVP by contacting Retired Judge Darrell White or Jason Stern at the office or by emailing us through the website. Breakfast will be served.
The Pursuit of Happiness
Via Voddie Baucham Ministries:
Ever wonder what the phrase the “Pursuit of Happiness” meant in the U.S. Constitution? Well here’s a hint from the Massachusetts Constitution. Remember, John and Samual Adams were two of the three framers. Hence, what they did in Massachusetts in 1780 gives us real insight into what the framers meant in 1776:
“Art. III. As the happiness of a people and the good order and preservation of civil government essentially depend upon piety, religion, and morality, and as these cannot be generally diffused through a community but by the institution of the public worship of God and of the public instructions in piety, religion, and morality: Therefore, To … See Morepromote their happiness and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies-politic or religious societies to make suitable provision, at their own expense, for the institution of the public worship of God and for the support and maintenance of public Protestant teachers of piety, religion, and morality in all cases where such provision shall not be made voluntarily.”
Religious Freedom in the New Millennia?
This is an interesting synopsis from Ray Comfort’s Blog today. The federal courts have played a strong role in shaping American culture in the 20th century via its decisions:
“There was a time in U.S. history when American school children began each day with public prayer. The entire class prayed together. That is now “illegal.” This is why:
• The Supreme Court first ruled against public school prayer in the 1962 case of Engle v. Vitale. The decision struck down a New York State law that required public schools to begin the school day either with Bible reading or recitation of a specially-written, nondenominational prayer.
• One year later, in Abington vs. Shempp (1963), the Supreme Court struck down voluntary Bible readings and recitation of the Lord’s Prayer in public schools.
1. In this context, our kids can no longer pray in public. There have been many ensuing court cases over the liberty to engage in public prayer:
“U.S. Supreme Court rules, 6-3, that prayer before football games in Texas is unconstitutional,”
https://www.freedomforum.org/templates/document.asp?documentID=12727
“School Faces Big Legal Fees In Prayer Lawsuit.”
https://paganwiccan.about.com/b/2009/06/23/school-faces-big-legal-fees-in-prayer-lawsuit.htm
“Florida school officials in prayer case could get jail time.”
https://www.cnn.com/2009/CRIME/09/17/florida.school.prayer/index.html?iref=newssearch
“School district faces second lawsuit over prayer”
https://www.srpressgazette.com/articles/school-9300-district-second.html
2. There have been multiple court cases against students who have or open Bibles:
“Lawsuit claims students not allowed to carry Bibles” https://www.adherents.com/misc/school_houston.html
“Bible study banned on playgrounds”
https://www.wnd.com/news/article.asp?ARTICLE_ID=44223
“Gideons Forbidden From Distributing Bibles at School”
https://www.moonbattery.com/archives/2007/08/gideons_forbidd.html
“Bibles Banned in Bible Belt”
https://www.foxnewsradio.com/2010/01/06/bibles-banned-in-bible-belt/#ixzz0de1D4mmO
“Bible Banned From School Football Field”
https://news.aol.com/article/bible-verses-banned-from-lakeview-fort/700655
“High School Cheerleaders Banned From Using Bible Verses”
https://digg.com/world_news/High_School_Cheerleaders_Banned_From_Using_Bible_Verses
“The Bible Banned at a New Jersey School” https://smartgirlpolitics.ning.com/profiles/blogs/the-bible-banned-at-a-new
“Bibles banned at Stigler Oklahoma library”
https://www.stormfront.org/forum/showthread.php?t=635514
3. Display the Ten Commandments in a public place, and you could end up in court.
“U.S. Government bans Ten Commandments from Public Places”
https://theratzingerforum.yuku.com/topic/1011/t/U-S-Government-bans-Ten-Commandments-from-Public-Places.html
“Ten Commandments monument moved. New poll says Americans disapprove of federal court order.”
https://www.cnn.com/2003/LAW/08/27/ten.commandments/
“Ninth Circuit Sued For Displaying Ten Commandments”
https://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102×1222468
“Chief Justice Roy Moore removed for acknowledging God–Ten Commandments Inquisition” (link no longer accessible)
American Judicial Alliance is asking judges to return to their Oaths to protect and defend the Constitution as the Supreme Law of the Land.
Securing the Constitution
A Word from our Founders:
“To the security of a free constitution, [knowledge] contributes in various ways – by convincing those who are intrusted with the public administration that every valuable end of government is best answered by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burdens proceeding from a disregard to their convenience and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness – cherishing the first, avoiding the last – and uniting a speedy but temperate vigilance against encroachments, with an inviolable respect to the laws.” – George Washington, First State of the Union Address, January 8, 1790
– “When we consider that this Government is charged with the external and mutual relations only of these States; that the States themselves have principal care of our persons, our property, and our reputation, constituting the great field of human concerns, we may well doubt whether our organization is not too complicated, too expensive; whether offices and officers have not been multiplied unnecessarily and sometimes injuriously to the service they were meant to promote.” – Thomas Jefferson, First State of the Union Address, December 8, 1801
Ten Commandments on ‘Winning Streak’
A decision from the 6th U.S. Circuit Court of Appeals has extended a winning streak for the Ten Commandments that dates back to 2005.
The organization successfully argued on behalf of the legality of a display in a public building in Kentucky that included the Ten Commandments among other historical references.
The 6th U.S. Circuit Court of Appeals handed down a ruling in the case brought by the ACLU that reversed a lower court’s opinion that said the Ten Commandments were impermissible.
“The Ten Commandments are as much at home in a display about the foundation of law as stars and stripes are to the American flag,” said Mathew Staver, Liberty Counsel’s founder and chairman. “The Ten Commandments are part of the fabric of our country and helped shape the law. It defies common sense to remove a recognized symbol of law from a court of law.
Powers of the American People
This exerpt from “Powers of the American people, Congress, President, and courts: (according to the evolution of constitutional construction)” by Masuji Miyakawa, was published in 1908 by the Baker & Taylor co. (pp. 346-349) Mr. Miyakawa grasped in 1908 the same essense of what America needs today. [Bonus: Look for Justice Harlan to show up after the jump!]
“Strange to say, the American judges, ever since the organization of the Government, have been the least criticised and least arraigned public officers. On the contrary they have been the most respected and most honored among all the dignitaries of America. We may attribute this strange phenomenon to the fact that the only thing which the American will obey is law and the only thing in which he will know the meaning of obedience is his relation to law. The judges of the United States and of the several States are thoroughly conscious of their exceptional privileges and immunities; also of their correspondingly great responsibilities as the only interpreters of the law, to whom alone the final construction of the law of the land is unreservedly entrusted.
All the American judges realize this. The American people know that the strictest obedience to law is the foundation stone of the strength and permanence of the republic. This has been understood by the American people ever since they founded their country. Departure from this common understanding tends to involve national ruin by creating anarchy. Superficial observers who see but the so called material side of American progress, or those who are devotees of the game of profit, do wrong when they do not appreciate the fundamental proposition that the people are the backbone of progress.
Such superficiality not only fails to grasp the true situation, but also fails to appreciate the true meaning of the beneficent opportunity upon which the Americans build their higher and nobler civilization. The statements recently made that the American people have changed their allegiance from the great principles which they embodied in the Declaration of Independence to the worship of the almighty dollar, and that the American people have changed from their appreciation of the Bible to the worship of the sword are evidence of the fact that their authors are but shallow students of the America of to day.
To illustrate the fallacy of such statements: Continue reading
In the Interest of Justice
Writes In the Interest of Justice:
There is only one word for Tueday night’s keynote Speaker. That would be “Wow.” His Honor Retired Judge White was both a delight and enlightening at the same time. His portion of the evening lasted about 1 and 1/2 hours but seemed like 20 minutes. Sit back with a great cup of coffee and watch the entire video here. Judge Darrell White is an asset that needs to be exploited and duplicated.