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VOL. 13, NO. 9November 3, 2011
America's Culture War and How to Fight It: Curbing the Courts, VI.

"The germ of dissolution of our federal government is in . . . the federal judiciary; an irresponsible body (for impeachment is hardly a scarecrow) working like gravity by night and by day, gaining a little today and a little tomorrow; and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States." So declared Thomas Jefferson in an utterance that we can now see as prophetic.

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In the Memorial Day issue of our "Court Watch Briefings," we observed that America is engulfed in a Culture War which we Americans do not adequately understand. As the "Briefing" declared, "we cannot learn to fight [the Culture War] until we learn to think [better understand the War, our enemies and our own position]." Thus, we began focused thinking about the principles under attack in the Culture War, and, in subsequent issues, about the parties directly involved in the Culture War. In this "Briefing," we focus on the policy areas in which our Constitutional and cultural foundations have been under the most bitter attack. Against the backdrop of Jefferson's prophecy, we shall examine the judicial products which have fulfilled the prophecy, and proof that these product so indeed fulfill the prophecy.

Jurist Robert Bork has listed a number of Culture War products — dire conditions and/or phenomena attributable to contemporary Reconstructionists judges' war against us. These judges:
  • Have "assume[d] the role of moral teachers"
  • Are "forcing new moralities" on the people
  • Have led in "displacing self-government"
  • Have "weakened political authority"
  • Are "disintegrating the basis for our social unity"
  • Have "brought into disrepute the rule of law"
  • Have "brought into disrepute the Supreme Court itself"
The proof that these products do indeed constitute fulfillment of Jefferson's prophecy is clearly seen by examining central Culture War battle fronts and the issue areas involved. Judge Bork notes correctly that "social or cultural issues are the area where constitutional courts [i.e., courts established under Article III of the Constitution] regularly attack the institutions and laws of 'ordinary people' [i.e., the Judeo-Christian worldview]."

Peter Berger amplifies Bork's explanation: "attitudes toward religion and the place of religion in society area are a key determinant of who stands where in the [Culture War]." Humanists/Reconstrucitonists "are so thoroughly secularized that, in varying degrees, they not only reject personal belief but maintain an active hostility to religion and religious institutions [i.e., those of the Judeo-Christian worldview]." What, then, are the specific issues in the battle over "social or cultural issues"? The answer is:
  • Evolutionism v. creationism
  • Abortion
  • Homosexual rights/marriage
  • Religious liberties
In each of these four arenas of conflict, Reconstructionist victories in the Culture War have claimed two victims: constitutional and cultural (i.e., involving the fundamental institutions essential to our society). While there are many ways to analyze this victimization, let's briefly examine each issue area where judicial decisions have wreaked havoc with both the Constitution and the culture.
  • Evolutionism v. creationism: The constitutional victim is the foundational concept of "personhood" — the Constitution recognizes rights (AND responsibilities) as belonging to "persons" and no other entity or thing. Evolutionism destroys this right by reducing man to a mere animal, a creature who, by nature has no "rights" such as the Constitution guarantees. If man is truly an animal, "rights" are a meaningless, even silly, fiction.
  • The cultural victim of this judicial re-definition of terms is the concept of the dignity of the individual — that each person is in himself a creature of significance and importance because he was created by God and endowed by God with certain inalienable rights. The individual is the cornerstone institution of our culture/society. Destroying the cornerstone destroys all that is built upon it.
  • Abortion: The Constitution in Amendments 5 and 14 lists crucial rights of persons, the first one being the right to life. Without this right, all other "rights" are meaningless. Abortion, trampling the right to life of society's most vulnerable members, decimates the fundamental fact of the sanctity of life, and simultaneously eviscerates the societal institution of civil law/government. This institution is obligated first and foremost to protect human life (cf., the list of "unalienable rights" in the Declaration of Independence). When civil law as rewritten by judges becomes, instead, the outspoken protector of destroying human life, civil law itself is victimized — loses its claim to legitimacy, even to continued existence.
  • Homosexual rights/marriage: "Liberty" is a third constitutional victim of the Culture War. This is nowhere more clearly demonstrated than in judicial decisions upholding homosexual "rights," even to the extent of protecting a "right to homosexual marriage." The Constitution is vulgarized because the right to liberty is metamorphosed into a right to licentiousness. The culture is severely undermined because the Judeo-Christian definition/structure of the "family/marriage" as a fundamental societal institution is replaced with a concept having no fixed meaning and no set boundaries. The mass of "family/marriage" laws based on these Judeo-Christian definitions and principles are foundational to our culture. Once again, destroy the foundations, and destroy the culture it underpins.
  • Religious liberties: Judicial decisions in this area have rendered public acknowledgements of the Judeo-Christian God suspect, if not absolutely "unconstitutional." As already noted, these cases have been devastating to traditional orthodox Judeo-Christian values and entities. The obvious cultural victim is "the [traditional] church" as a foundational institution of our society. The right to religious liberty has become the right to idolatry. The constitutional victim we identify here is "law." More specifically "the rule of law" is at issue — as specified in such provisions as the Fourteenth Amendment, where "due process of law" and "equal protection of the laws" are guaranteed. But these guarantees embody the notion that there is a Higher Law in the universe to which human law is subordinate.
  • To be a sufficient source for human law, the source of that Higher Law must be both personal and infinite. Any other source is inadequate as the fountainhead of civil law. And only the Judeo-Christian worldview posits such a source - the God of the Old and New Testaments. If a society and its organic law, its Constitution, cannot even recognize publicly its own source — God — He [THE source] is expunged from the "public square," — i.e., America public life, which is the very sector of human life which civil law is to govern. This creates what one scholar in the late Twentieth Century referred to as the "naked public square," a society and polity without the basis for even defining "due process, "equal protection," etc. and applying these standards so that civil law can fulfill the functions required of it.
Jefferson's prophecy has been fulfilled; Bork's list of products does indeed picture a federal government in dissolution, and court rulings in the four issue areas discussed above prove that Jefferson and Bork, sadly, were right. In our brief discussion lies the seed of almost endless further discussions and study. Daunting as this prospect is, it must be faced and the responsibilities it entails must be assumed by any nation which wishes to remain the "land of the free and the home of the brave." The elections of 2012 give Americans the opportunity to fight more effectively and efficiently to Revive the Constitution! Ask your candidates (ask the GOP presidential candidates!) to respond to the points made here. The results should be most revealing and helpful to wise and informed voting!

Working Together, We Can Make A Difference!

Arm Yourself with the Power of Knowledge by Mastering the Information and Tools Available from the Blackstone Institute:

  • "Reviving the Constitution" — Our full-length course in both student and leader/laymen versions
  • The "Blackstone Blitzes" - Short studies on a variety of topics critical to a Constitutionalist victory in the Culture War Information and Orders: BlackstoneInstitute.org or 325/698-9221

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