This weeks quote: "In the first place we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the man's becoming in very fact an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag, and this excludes the red flag, which symbolizes all wars against liberty and civilization, just as much as it excludes any foreign flag of a nation to which we are hostile...We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American people." -----Theodore Roosevelt. The passages were culled from a letter he wrote to the president of the American Defense Society on January 3, 1919, three days before Roosevelt died.
This weeks Founding Fathers:
Much has been said about Judge Samuel Alito in the recent Judiciary Committee questioning. One thing that may have been over looked is how our Senators view our Constitution. During the questioning, one of our State Senators said his questioning of Alito would be fair but intense because the courts will decide "where we pray, how we live, who shall live, and who shall die." The Senator said the Supreme Court gives the "final judgment" because there is "no appeal."
I purposely did not mention the party affiliation of this Senator, because it doesn’t matter, any Senator from any party who makes such statements should concern us.
It is the people and the Constitution of the United States that detail the laws of this land, not the courts.
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.”
I especially like the phase “our Posterity” for that reaches all the way to me!
There is a small portion in Article III of the Constitution setting the bounds for the Judicial branch. Section. 2. Of Article III reads: “The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, . . ."
Notice the phase “arising under this Constitution”. This Constitution directs the bounds, actions, and limits of Authority to each branch of government. You see, the courts can’t tell us “where we pray“, because the 1st Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .” Therefore, the courts have no law to rule on in this area, because Congress is prohibited from making one.
The courts can’t tell us “how we live” because the 4th Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . .”
The courts can’t tell us “who shall live, and who shall die." because the 6th Amendment gives the right to an impartial jury who will render justice according to the evidence and witnesses presented. Section. 2. Of Article III states: “The Trial of all Crimes, except in Cases of impeachment; shall be by Jury . . .”
The courts are not the “final judgment" because Article 6 states: “This Constitution, . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, . . .”
This is why you hear so much about a strict constructionist, one who has a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in the Constitution, and not on other sources or inferences.
The difficulty is finding Judges, Congressmen, and Executive officers, who will discipline themselves to reframing to the limits of such government. Our Founders knew of only one way, I think perhaps there may be none other.
“This Form of Government . . . Is productive of every thing which is great and excellent among Men. But its Principles are as easily destroyed, as human nature is corrupted . . . A Government is only to be supported by pure Religion or Austere Morals. Private, and public Virtue is the only Foundation of Republics.” ---- John Adams. In a letter to Mr. Warren. Warren - Adams Letters (Boston, MA: Massachusetts Historical Society, 1917), Vol. I, p. 222.
Thomas Jefferson pointed out:
“Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. . . . and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control”. ---- Thomas Jefferson.
“To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. . . . The Constitution has erected no such single tribunal.” ----- Thomas Jefferson.
James Madison declared:
“The meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority." ---- James Madison.
This should serve to magnify in our eye’s the importance of the protection and preservation of the Constitution of the United States.
Men will try to sway it’s meaning, destroy it’s control over their lives, brake the bands which restrain their political power, but it must be maintained. Multitudes have died in the act of this duty, we must not take it lightly. It is our gift of government from God, it rest upon his eternal Principles, may we be forever faithful!
May God bless each of you,
No comments:
Post a Comment