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Putting the Judiciary in Its Place

January 22, 1973 (Roe vs Wade) was a glaring act of social engineering by a judiciary determined not to be constrained by the Constitution. “We the people” are the first three words of the Constitution, but since the 1940s, American government has been dominated by, “We the judges.” Sanctity of human life, Bible reading and prayer in public schools, the display of the Ten Commandments, Christmas nativities, same-sex marriage, and a host of additional social, religious, and moral issues have been decided, not by “We the people,” but by “we the judges.” Putting the Judiciary in Its Place

Throughout the twentieth century, the judiciary has accrued powers for itself that America’s Founding Fathers never intended. The Declaration of Independence, listed four abuses (complaints 8, 9, 15, and 18) that were associated with the King’s courts and judges. In the Constitution, the Founding Fathers corrected those abuses. Putting the Judiciary in Its Place

The United States Constitution does not allow for three equal branches of government. The judiciary was intentionally made the weakest of all three branches.

Despite the fact America’s Founding Fathers did not intend that there be three equal branches of government, the judiciary has demanded—not only a place of equality—but a place of supremacy, and the legislative and executive branches have bowed to that demand. The Federalist Papers—written by Alexander Hamilton, James Madison, and America’s first Chief Justice, John Jay—were a means used to convince fledgling America to vote in favor of the Constitution. What is significant is that the most important work used in support of the ratification of the Constitution did not give the judiciary or the courts equal standing with the other branches of government. They recognized that King George’s judges had abused their power, and the judiciary was the easiest means for a judge or branch to accrue power for itself.

It was universally understood by the Founding Fathers that the judiciary should always occupy a lesser role than the legislative and executive branches. A survey of the Constitution itself clearly demonstrates that “We the people” or legislative branch was to exercise most of the duties of government. After the legislative branch, the executive branch bears lesser authority, and the branch given the least amount of authority by the Constitution is the judiciary.

For this reason, the Founding Fathers gave the judiciary no place of prominence. The legislative and executive branches were given buildings to exercise their responsibilities, but the Supreme Court had no home until 1935. Prior to this, the Court bounced around in the Capitol, finding a place to hear cases wherever space was available. In addition, the Constitution made the judiciary toothless—giving it no power to act on its own.

The Founders did not believe the judiciary had Constitutional authority to nullify the work of the legislative or executive branches—something far different than the current deference rendered to the courts. In the case of Marbury vs Madison (1803), Jefferson nullified the decision of Chief Justice John Marshall and the Supreme Court. And, Republican Abraham Lincoln rejected the decision of the Democratic-controlled Supreme Court in Dred Scott vs Sandford (1857). These are only two instances among others when the judiciary was put in its place.

From abortion, to same-sex marriage, and well beyond, the judiciary has been permitted to terrorize America’s morality and national life. America desperately needs legislators, governors, and presidents who will put the judiciary in its place! Give us men and women who have the courage of Jefferson, Lincoln, and others who have reminded the judiciary of its subordinate constitutional role!

America, this is our Christian heritage!

For Further Consideration

Suggested Resources, Studies in America's Christian Origin. Our list is not intended to be exhaustive, but a suggestive or recommended reading concerning America and the influence of Christianity upon the nation's origin and development. Given the fact that our tax-exempt status does not permit Christian Heritage Fellowship to commercially endorse the sale of products that do not originate within our organization, direct links are not provided from our selected reading materials.  Read more...
Stephen A. Flick, Ph.D., America's Founding Fathers and the Bible. Contrary to the contemporary mantra that America was birthed as a secular nation, the historical evidence demonstrates that America was founded by Christians who wished to enjoy the liberty to freely express their Christian faith. Lamentably, Christians have forgotten and neglected the Christian heritage bequeathed to them by America's Founding Fathers and have allowed secularists to disparage and deny what was given to them at such a great price. America's Founding Fathers and the Bible briefly describes a portion of America's Christian heritage, particularly during the rise of nationalism when America was shaping its national government.  Read more...
Stephen A. Flick, Ph.D., When the United States Capitol Was a Church. So deep and strong was the relationship of government to the Christian faith in America that the relationship was recognized in a variety of ways. Few realize that the United States Capitol was used as a church for years before it was used to convene the United States Congress. For nearly three-quarters of a century, the United States Capitol was used for church services. In fact, it became a meeting place for a number of churches in Washington, D. C. While secularists wish to keep this and many other similar historical facts quiet, the sincere Christian will wish to celebrate the spiritual heritage our Founding Fathers have bequeathed to us.  Read more...

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Putting the Judiciary in Its Place

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Putting the Judiciary in Its Place

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Written by Dr. Stephen FlickNumber of posts: 203
Stephen Flick heads Christian Heritage Fellowship, a national organization dedicated to reclaiming America’s Christian Heritage and celebrating the life-changing influence of the Gospel around the world. Concerned with the cultural decay of America, Dr. Flick has sought to provide answers to fellow Christians (and unbelievers) concerning the questions and objections to Christianity often posed by secularists and the irreligious. Dr. Flick is a writer and speaker and has authored numerous articles and books on America’s Christian heritage. He earned his Ph.D. from Drew University in history and Christian theology and has taught at the graduate level as full professor. He has been a licensed minster for nearly forty years and resides in East Tennessee with his wife, Beth. They have two grown, married children and five grandchildren.
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