Sunday, April 06, 2008

The Seperation Clause. Where is it?

Bill of Rights Amendment I


"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Look closely at the above amendment. Do you see anything regarding separation of church and state? No? That’s because it isn’t there.

Now, before I dive headlong into to this "tome", allow me, please, to say that after years of wrestling with this, I have concluded that if the “separation clause” was, indeed, in the Constitution, I could probably support it. As it is, I haven’t that choice… because it simply isn’t there.

This is another issue I believe the Supreme Court has no authority to decide. (The case of the Ten Commandments displayed on public property, namely courthouse lawns and such.) Elsewhere in the Constitution, it is plainly stated that if it is not in the Constitution, then the matter is left up to the states. Anything.

This issue should be a state matter… decided by each separate state’s legislatures and, when necessary, their state courts.

What we have here is another case of the Supreme Court assuming powers it doesn’t have…again. When will the Congress grow the cajones to rein in that runaway court?

Maybe the time has come, if not... it is surely approaching, when we Americans will have to convene a Constitutional Convention and clear up a few things. One item on the agenda would be to amend the Constitution to allow term limits for ALL Federal Judges including the Supreme Court Justices. The insulation of lifetime appointments has the effect of cutting them off from any contact with the real world, outside their tiny little world, and results in a “disconnect” with the American people. The same thing has happened to Congress. The answer to the Congressional disconnect? Term limits! Well, guess what? The Court ruled Term Limits are unconstitutional? I wonder why.!?

We are faced again with the oligarchy thing. Our freedoms are being eroded away and we have no recourse. If we continue along this course we are surely bound to end in a very unpleasant mess. I would advise the government to review the events of
the 1850’s with even closer attention to the events of 1861 through 1865. The underlying cause of that unpleasant period was overbearing government. The Congress and the Federal Judiciary would do well to reconsider that period in our history because, as we all know, history has a way of repeating itself. The US government didn’t believe it could happen then, either.

The people must have recourse. We are well past being tired of the legislation coming out of the Federal Courts… including the Supreme Court.

The great “unwashed”, out here in the hinterlands, have begun the inevitable rumbling and the momentum will only build. Congress would do well to be attentive to these dissatisfied constituents and put the brakes on the Federal Courts. Congress has the power. The question is, are they men, and women, enough to do it?


1 comment:

Frank said...

You know you cry about this oligarchy crap but anytime someone opposes things (campaign finance reform) regulations on things and even inheretence taxes (to prevent this country from becoming an heiristocracy), that's why our founding fathers put them on..... you scream their socialists.... You can't have democracy and freedom for the poor without regulation on the rich.... Can't happen, the wealthy will consolodate their power and infuence (money) and sir good people like you and me (well maybe I'm good people) will be out in the cold.... This is your wake up call, will you hear get up or just press "snooze".