Perhaps we should stop referring to it as "The Pledge of Allegiance".  That
is a phrase that has lost it's meaning.

How about calling it a "Compulsory Loyalty Oath"?

PEACE
Steven R. Linnabary, Treasurer
Franklin County Libertarian Party
(614) 891-8841
P.O.Box#115;  Blacklick, OH  43004-0115

"When you make peaceful revolution impossible, you make violent revolution
inevitable"  John F. Kennedy


----- Original Message -----
From: "David Macko" <[EMAIL PROTECTED]>
To: <[email protected]>
Sent: Friday, September 16, 2005 12:58 AM
Subject: Re: [Libertarian] Re: Govt Coerced Religious Practices by Kids


> We need to abolish the government schools.
> If states or localities are foolish enough to have them, the
> fedgov has no authority over their government schools.
> I agree with you that the US is a republic, not a democracy.
> However, if taxpayers are paying for them and a large number
> want their children to do something, so long as it doesn't harm any
> innocent person and no child is compelled to participate in the activity,
> they should be allowed to do so.
> Nobody should be compelled to pray or worship otherwise against
> their will.
> However, we should keep on target: Abolish the government schools.
>
> Dave Macko
>
> ----- Original Message -----
> From: "hrearden_hr" <[EMAIL PROTECTED]>
> To: <[email protected]>
> Sent: Thursday, September 15, 2005 11:48 PM
> Subject: [Libertarian] Re: Govt Coerced Religious Practices by Kids
>
>
> --- In [email protected], "David Macko" <[EMAIL PROTECTED]>
> wrote:
>  However, there is
> > another plausible argument that the 98 percent of parents who do
> want their
> > children
> > to pledge allegiance in the government schools to which many of
> them are
> > compelled to pay
> > taxes or compelled to attend should not be deprived of doing so by
> the two
> > percent who
> > find the practice offensive.
>
>
>
> I do not find that argument plausible. The U.S.A. was not intended
> to be a democracy. The U.S. was intended to be a republic governed
> by the rule of law. Not what 98% necessarily want. What is the law
> is what matters in this case. The Constitution is the supreme law of
> the land. In 1954 a law was enacted to have the words "under God"
> added to the pledge for the purpose of making it clear and thus
> establishing that the nation (which includes the government) is one
> that is subject to God. This law was thus unconstitutional because
> it violated the establishment clause in the first amendment. The
> government is legally disallowed from establishing that the nation
> is subject to any religion. The belief that one is subject to God is
> a particular religious belief that is called "monotheism". The U.S.
> government can not legally state that the nation is a montheist
> nation. To do so is an attempt by the government to establish a
> religious view in and of itself. It is thus unconstitutional for the
> government to have children taught or recite that the nation is one
> under God.
>
> With respect to the idea that 98% should not be deprived of getting
> what they want by 2%, suppose 98% of the people in a community were
> Jew haters and didn't want the 15 of the community who are Jewish
> and the other 1% who are Arab Muslims to send their children to the
> government school they also pay for and they  want Christian prayers
> recited in the school. Suppose 98% of a community want the
> government school to teach their children that some people should be
> discriminated against on the bases of their race.
>
>                       $
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> > In conclusion, we need to encourage Christians, Moslems, Jews,
> Randians,
> > other atheists
> > and agnostics to abolish the government schools, since we will not
> restore
> > liberty as long
> > as they continue to exist.
> >
> > For life and liberty,
> > David Macko
> >
> > ----- Original Message -----
> > From: "Paul" <[EMAIL PROTECTED]>
> > To: <[email protected]>
> > Sent: Thursday, September 15, 2005 4:05 PM
> > Subject: [Libertarian] Re: Govt Coerced Religious Practices by Kids
> >
> >
> > The judge did the right thing.  Until the words "under god" which
> > weren't added to the pledge until the "Red Scare" years of the
> 50's is
> > removed, it has no place in public schools.  I agree that this is a
> > good way to approach people to take their kids out of public
> schools.
> >  They can keep their religion out of my government, and in return,
> > I'll keep my government out of their religion.
> >
> >
> >
> > --- In [email protected], "David Macko" <[EMAIL PROTECTED]>
> wrote:
> > > This ruling provides an excellent opportunity to outreach to
> > > Christians and other theists to take their children out of the
> > > government schools and to abolish the government school
> > > system. Unfortunately, too few Libertarians and libertarians are
> > > psychologically well-suited to outreach to Christians.
> > > If the decision is reversed, it will also provide  an excellent
> > > opportunity for L(l)ibertarians to outreach to atheists and
> agnostics
> > > to do likewise with their children.
> > >
> > > For life and liberty,
> > > David Macko
> > >
> > > ----- Original Message -----
> > > From: "Terry L Parker" <[EMAIL PROTECTED]>
> > > To: <[email protected]>
> > > Sent: Thursday, September 15, 2005 8:31 AM
> > > Subject: [Libertarian] Re: Govt Coerced Religious Practices by
> Kids
> > >
> > >
> > > The topic WAS the US Supreme Court deciding if
> > > it's ok for govt to coerce religious practices
> > > by children in 'public' (govt) schools; specifically,
> > > reciting the words 'under God' as a class during
> > > the plege of allegiance.
> > >
> > > The legitimacy of the 14th amendment to the US
> > > Constitution can certainly be attacked.  That is
> > > also true for any part or all of the US Constitution.
> > > However, the US Supreme Court professes to decide
> > > cases based on 'constitutionality'  They traditionally
> > > reject appeals that attack constitutional legitimacy;
> > > as in the 13th amendment for example.  So, like it or
> > > not, the 'school plege recital' case may be decided
> > > based on BOTH 1st and 14th amendment arguments.
> > >
> > > Why are some SO eager to have GOVT coerce their religion
> > > upon those who did NOT join their church?  Jesus would
> > > NEVER have asked Ceaser for that kind of 'help'
> > >
> > >
> > > -Terry Liberty Parker
> > > AustinLibertyInterNet Radio/TV
> > > via Yellow Pages at www.PeerCast.org
> > >
> > >
> > >
> > > --- In [email protected], "David Macko" <[EMAIL PROTECTED]>
> wrote:
> > > >
> > > >
> > > >
> > > >
> > > >  Here is an update of the classic research by the late
> > > Constitutional
> > > >  scholar,
> > > >  Dan Smoot which proves that the Fourteenth Amendment was never
> > > legally
> > > >  ratified
> > > >  and describes the horrendous consequences, including the
> growth of
> > > the
> > > >  federal
> > > >  government and the severe erosion of our liberties.
> > > >  It is somewhat long but very worthwhile reading. I have
> deleted
> > > the
> > > > repetitions
> > > > and put the three parts of the article in proper order.
> > > >
> > > >  For life and liberty,
> > > >  David Macko
> > > > >
> > > > >
> > > > >     ILLEGALITY OF FOURTEENTH AMENDMENT!
> > > > >      Part 1
> > > > >
> > > > >
> > > > >      By Albert Burns
> > > > >      July 8, 2005
> > > > >      NewsWithViews.com
> > > > >
> > > > >      "Aware of the tendency of power to degenerate into
> abuse,
> > > the
> > > > > worthies of our country have secured its independence by the
> > > establishment
> > > > > of a Constitution and form of government for our nation,
> > > calculated to
> > > > > prevent as well as to correct abuse." -- Thomas Jefferson to
> the
> > > > > Washington Tammany Society, 1809.
> > > > >
> > > > >      At a time when the Founding Fathers of this country,
> and the
> > > > > Constitution they established, are continually being
> denigrated
> > > and "mean
> > > > > mouthed" by educators, the mass media and others, it cannot
> be
> > > repeated
> > > > > TOO OFTEN that the Constitution is a limitation on the
> > > GOVERNMENT, and NOT
> > > > > on individuals. It does NOT, and was not intended to,
> prescribe
> > > or
> > > > > proscribe the conduct of private citizens, but only the
> CONDUCT
> > > of
> > > > > government and those to whom governmental power had been
> granted.
> > > In its
> > > > > most basic aspects, it is NOT a charter for government, but
> > > rather a
> > > > > charter of PROTECTION of citizens FROM their government.
> > > > >
> > > > >      The basic Constitution, itself, was a statement of
> strictly
> > > limited
> > > > > governmental powers. Then the great Bill of Rights was added
> to
> > > even
> > > > > further define what the government COULD NOT DO!!!
> Amendments 1
> > > through 9
> > > > > specify certain things which the government was NOT allowed
> to do
> > > and then
> > > > > the incredible Tenth Amendment which says, in effect, "If we
> > > forgot
> > > > > anything else, you CAN'T do that EITHER!" They did everything
> > > they could
> > > > > to protect future generations.
> > > > >
> > > > >      Unfortunately, as always throughout human history, there
> > > arose those
> > > > > who were determined to gain more and more centralized power.
> At
> > > the end of
> > > > > the Civil War (the War Between The States for you
> Southerners)
> > > the time
> > > > > was ripe for a major move in that direction. In 1865, the
> 13th,
> > > 14th and
> > > > > 15th Amendments to the Constitution were introduced in
> Congress
> > > by the
> > > > > Republican Party (yes, the Republican Party was at it even
> back
> > > in 1865!).
> > > > > The 13th Amendment which abolished slavery was immediately
> > > ratified by the
> > > > > required three quarters of the States including all the
> southern
> > > States
> > > > > except Mississippi and Texas.
> > > > >
> > > > >      The 14th Amendment was never legal nor Constitutional
> from
> > > its very
> > > > > inception. The Constitution mandates that proposed amendments
> > > must be
> > > > > approved by two thirds of both houses of Congress. In
> December of
> > > 1865,
> > > > > the radicals in control of Congress refused to allow the
> legally
> > > elected
> > > > > Representatives and Senators from the southern States to be
> > > seated. Hence,
> > > > > at that point, Congress itself was unconstitutional. However,
> > > even
> > > > > disregarding that technicality, when the vote of those who
> WERE
> > > seated as
> > > > > part of the House was taken, out of 184 Representatives,
> only 120
> > > voted in
> > > > > favor of the resolution. Two thirds of the 184 would have
> > > required 123 to
> > > > > vote in favor. In spite of the failure to get sufficient
> votes to
> > > > > constitutionally pass the resolution, the leadership of
> Congress
> > > > > arbitrarily declared the Resolution passed. Congress then
> > > submitted the
> > > > > 14th Amendment to all the states for ratification, INCLUDING
> the
> > > States
> > > > > which had already been DENIED representation in the Congress!
> > > > >
> > > > >      The 14th Amendment was soundly defeated when it was
> rejected
> > > by all
> > > > > but one of the southern States and all of the so-
> called "border"
> > > States.
> > > > > Iowa and Massachusetts had also failed to ratify it by the
> > > beginning of
> > > > > March, 1867. The radicals had only 21 ratifications of the 28
> > > needed. What
> > > > > to do?
> > > > >
> > > > >      Those in power in the Republican Party which controlled
> the
> > > Congress
> > > > > at that time rammed through the Reconstruction Act of 1867.
> This
> > > > > incredible abuse of Congressional power simply abolished the
> > > legal
> > > > > governments of all ten of the southern States which had
> refused
> > > to ratify
> > > > > the 14th Amendment and placed all of them under military
> > > dictatorship. The
> > > > > generals placed in command of these dictatorships were
> required
> > > by the
> > > > > Reconstruction Act to prepare the "rolls of voters" for
> > > conventions which
> > > > > would formulate governments acceptable to Congress. Anyone
> who
> > > had served
> > > > > in the Confederate Army was denied the right to vote or to
> hold
> > > office -
> > > > > in spite of presidential proclamations by both Lincoln and
> > > Johnson
> > > > > granting amnesty to southern veterans who would swear
> allegiance
> > > to the
> > > > > U.S. The Reconstruction Act provided that when these "new"
> > > legislatures
> > > > > ratified the 14th Amendment they would be admitted to the
> union.
> > > > >
> > > > >      In other words, this illegal Congress - for purposes of
> > > excluding
> > > > > Representatives and Senators from southern states -
> considered
> > > those
> > > > > states OUT of the union. For purposes of getting the 14th
> > > Amendment
> > > > > ratified, this Congress considered the states IN the union.
> When
> > > they
> > > > > refused to ratify the amendment, the Congress simply
> abolished
> > > their
> > > > > governments and set up "reconstruction" legislatures,
> controlled
> > > by
> > > > > northern military power. Now these states were again treated
> as
> > > OUT of the
> > > > > union until they ratified the 14th Amendment - although the
> > > Constitution
> > > > > clearly requires that only states which are IN the union may
> act
> > > on
> > > > > amendments.
> > > > >
> > > > >      By July, 1868, Iowa and Massachusetts and six of
> > > the "reconstructed"
> > > > > states had ratified this 14th Amendment which would have
> added 8
> > > states to
> > > > > the original 21 states for a total of 29 ratifications.
> HOWEVER,
> > > the
> > > > > legislators of two northern states had been so incensed by
> the
> > > whole
> > > > > outrageous manner in which this amendment was being forced
> > > through that
> > > > > they had RESCINDED their previous ratifications. (Illinois
> > > rescinded on
> > > > > January 15, 1868 and New Jersey on March 24, 1868.)
> Therefore,
> > > there were
> > > > > only 27 ratifications when 28 were required.
> > > > >
> > > > >
> > > > >
> > > > >      On July 20, 1868, then Secretary of State William Seward
> > > proclaimed
> > > > > that 3/4 of the states had ratified the 14th Amendment IF the
> > > legislatures
> > > > > in the six former confederate states were authentically
> organized
> > > and IF
> > > > > Illinois and New Jersey were NOT allowed to rescind their
> > > ratifications.
> > > > > The radical Congress did not like this equivocation and on
> July
> > > 21, 1868,
> > > > > Congress passed a joint resolution simply DECLARING that the
> 14th
> > > > > Amendment was a part of the Constitution and directing
> Seward to
> > > declare
> > > > > it legally ratified.
> > > > >      Such is a small part of the sordid history of the 14th
> > > Amendment as
> > > > > researched by constitutional scholar, Dan Smoot. In our next
> > > column, we
> > > > > will examine WHY the radicals of the time (and since) were so
> > > dead set on
> > > > > getting this change introduced into our Constitution and WHY
> it
> > > is
> > > > > essential that we recognize the consequences to all of us.
> > > > >
> > > > >
> > > > >     ILLEGALITY OF FOURTEENTH AMENDMENT!
> > > > >      PART 2
> > > > >
> > > > >
> > > > >      By Albert Burns
> > > > >      July 20, 2005
> > > > >      NewsWithViews.com
> > > > >
> > > > >      In our previous article on this subject, we discussed
> the
> > > incredible
> > > > > manner through which the 14th Amendment was maneuvered into
> the
> > > > > Constitution The ostensible reason why the Republican
> radicals
> > > worked so
> > > > > hard to get the 14th Amendment to the Constitution DECLARED
> as
> > > ratified
> > > > > (however spurious that ratification might be) was to
> guarantee
> > > the freedom
> > > > > and rights of former slaves. However, history has shown that
> to
> > > have been
> > > > > of negligible concern to those in power.
> > > > >
> > > > >      It is interesting to note that Alexis DeToqueville, in
> his
> > > book
> > > > > "Democracy In America", published in 1835, wrote that racial
> > > prejudice was
> > > > > stronger in the North than in the South. He stated: "The
> > > prejudice of race
> > > > > appears to be stronger in the states that have abolished
> slavery
> > > than in
> > > > > those where it still exists."
> > > > >
> > > > >      Northern states enacted discriminatory "black codes"
> long
> > > before they
> > > > > came into being in ANY southern state. Illinois, in 1848,
> Oregon,
> > > in 1857,
> > > > > Indiana, in 1862, all had laws severely restricting the
> rights of
> > > blacks
> > > > > and mulattos who were not allowed to enter into legal
> contracts,
> > > could not
> > > > > testify in court against whites, were not allowed to
> immigrate,
> > > legally,
> > > > > into these states or if they did come in had to post a $1000
> bond
> > > to
> > > > > guarantee that they would behave "properly."
> > > > >
> > > > >      Other northern states and cities had similar laws.
> Northern
> > > > > newspapers such as the Philadelphia Daily News, the Daily
> Chicago
> > > Times,
> > > > > and even the New York Times were printing blatantly racist
> > > editorials.
> > > > > Some of the radical legislators in Congress who forced
> through
> > > the 14th
> > > > > Amendment had previously supported the discriminatory laws in
> > > their own
> > > > > home states. No, Southern racism was NOT the primary reason
> for
> > > the 14th
> > > > > Amendment!
> > > > >
> > > > >      Almost as soon as the ink was dry on the document
> declaring
> > > that the
> > > > > 14th Amendment was officially a part of the Constitution,
> efforts
> > > began to
> > > > > be made to use Section 1, of the amendment, as a weapon to
> > > destroy the
> > > > > rights of the individual states or the citizens therein.
> > > > >
> > > > >      Section 1 of the 14th Amendment states: "All persons
> born or
> > > > > naturalized in the United States, and subject to the
> jurisdiction
> > > thereof,
> > > > > are citizens of the United States and of the State wherein
> they
> > > reside. No
> > > > > State shall make or enforce any law which shall abridge the
> > > privileges or
> > > > > immunities of citizens of the United States; nor shall any
> State
> > > deprive
> > > > > any person of life, liberty or property, without due process
> of
> > > law; nor
> > > > > deny to any person within its jurisdiction the equal
> protection
> > > of the
> > > > > laws." (Emphasis added)
> > > > >
> > > > >      As previously stated, the Constitution was designed to
> > > regulate the
> > > > > power and activities of the FEDERAL government. The Bill of
> > > Rights was
> > > > > added to the Constitution to further spell out the activities
> > > which the
> > > > > FEDERAL government could NOT DO! Amendments 9 and 10 were
> > > deliberately
> > > > > added to PROTECT the States and their affairs FROM
> interference
> > > by the
> > > > > federal government. For instance, it was universally
> recognized
> > > that while
> > > > > Congress could NOT make any law respecting the establishment
> of
> > > religion,
> > > > > several of the individual STATES which ratified the
> Constitution
> > > AND the
> > > > > Bill of Rights DID have established STATE religions.
> > > > >
> > > > >      With the addition of the 14th Amendment, groups and
> > > individuals began
> > > > > to file cases in federal courts claiming that this amendment
> GAVE
> > > the
> > > > > federal government AUTHORITY to supervise the activities of
> both
> > > state and
> > > > > local governments - an exact reversal of the original intent
> of
> > > the
> > > > > Founding Fathers. The first case which advanced this doctrine
> > > reached the
> > > > > Supreme Court in 1873. That Supreme Court held that the 14th
> > > Amendment did
> > > > > NOT grant such authority to the federal government.
> > > > >
> > > > >      There was a clear intent in succeeding years to
> transform
> > > our
> > > > > "federal" system into a "centralized" government system by
> > > transferring
> > > > > all rights and powers of the individual States to Washington.
> > > Those who
> > > > > wanted to achieve this result kept bringing cases attacking
> > > states' rights
> > > > > to the Supreme Court in an effort to get the Court to change
> its
> > > position
> > > > > on this vital point. According to a study called "The
> > > Constitution of the
> > > > > United States of America: Analysis and Interpretation:
> > > Annotations of
> > > > > Cases Decided by the Supreme Court of the United States to
> June
> > > 30, 1952,"
> > > > > also known as Senate Document No. 170, the position of the
> Court
> > > began to
> > > > > weaken at the beginning of the 1900s, and by the 1930s the
> > > Supreme Court
> > > > > had begun to, tentatively, assume jurisdiction under the 14th
> > > Amendment to
> > > > > act as "censor upon...legislation of the States."
> > > > >
> > > > >
> > > > >
> > > > >      With the appointment of Earl Warren as Chief Justice of
> the
> > > Supreme
> > > > > Court by Dwight Eisenhower, the Court began to simply USURP
> power
> > > under
> > > > > the "equal protection" phrase of the 14th Amendment, to do
> > > ANYTHING
> > > > > desired by a majority of the Court. The "equal protection"
> > > doctrine has
> > > > > been used by the Court to impose FEDERAL mandates upon the
> States
> > > in such
> > > > > areas as education, voting rights, abortion, religious
> > > instruction, labor
> > > > > disputes, and the list goes on and on. Precisely the kind of
> > > judicial
> > > > > tyranny which Thomas Jefferson warned of when he described
> > > federal judges
> > > > > as those who would be "constantly working underground to
> > > undermine the
> > > > > foundations of our confederated fabric."
> > > > >
> > > > >
> > > > >      In our next article we will examine how previous Supreme
> > > Courts
> > > > > viewed such usurpation and some of the consequences of that
> > > usurpation to
> > > > > our current society.
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >     ILLEGALITY OF FOURTEENTH AMENDMENT!
> > > > >      PART 3
> > > > >
> > > > >      By Albert Burns
> > > > >      July 24, 2005
> > > > >      NewsWithViews.com
> > > > >
> > > > >      In the early 1950s, the U.S. Senate commissioned a
> study of
> > > U.S.
> > > > > Supreme Court Cases, paid for by Congress and published by
> the
> > > Government
> > > > > Printing Office. That document which we have previously
> mentioned
> > > was The
> > > > > Constitution of the United States of America: Analysis and
> > > Interpretation:
> > > > > Annotations of Cases Decided by The Supreme Court Of The
> United
> > > States to
> > > > > June 3, 1952. It was published as Senate Document 170.
> > > > >
> > > > >      Study of that document by Constitutional scholar, Dan
> Smoot,
> > > revealed
> > > > > that the Supreme Court had actually converted the Bill of
> Rights
> > > into a
> > > > > weapon to destroy the powers of state governments and for
> > > abridging or
> > > > > abolishing the rights of our citizens. This was done,
> primarily,
> > > through
> > > > > claiming that the never properly ratified 14th Amendment
> > > had "absorbed"
> > > > > the Bill of Rights (the first ten amendments to the
> Constitution)
> > > making
> > > > > them applicable to state governments!
> > > > >
> > > > >      Several earlier decisions, the first in 1833, by the
> Supreme
> > > Court
> > > > > had emphatically stated that the limitations on governmental
> > > power
> > > > > contained in the Bill of Rights applied strictly to the
> federal
> > > government
> > > > > and did NOT apply, in any way, to state governments. A simple
> > > reading of
> > > > > those first ten amendments makes that abundantly clear to any
> > > honest
> > > > > reader.
> > > > >
> > > > >      In our previous column, we mentioned that the first
> time a
> > > U.S.
> > > > > Supreme Court considered the implications of the 14th
> Amendment
> > > was in
> > > > > 1873. In that case, the Supreme Court, as recorded in
> Document
> > > 170 ruled
> > > > > that the real purpose of the 14th Amendment was: "...to
> > > centralize in the
> > > > > hands of the Federal Government large powers hitherto
> exercised
> > > by the
> > > > > States....This expansive alteration of the Federal System
> was to
> > > have been
> > > > > achieved by converting the rights of the citizens of each
> State
> > > as of the
> > > > > date of the adoption of the Fourteenth Amendment into
> privileges
> > > and
> > > > > immunities of United States citizenship...." That court ruled
> > > that would
> > > > > have been "to transfer the security and protection of all the
> > > civil
> > > > > rights...to the Federal Government...to bring within the
> power of
> > > Congress
> > > > > the entire domain of civil rights heretofore belonging
> > > exclusively to the
> > > > > states" and to "constitute this court a PERPETUAL CENSOR
> upon the
> > > > > legislation of the States, on the civil rights of their own
> > > citizens, with
> > > > > authority to nullify such as it did not approve...."
> (Emphasis
> > > added.) The
> > > > > jurists of that court could clearly see what the
> implications of
> > > the 14th
> > > > > Amendment were.
> > > > >
> > > > >      In 1877, the Supreme Court again reaffirmed the
> > > constitutional
> > > > > doctrine from the 1873 case. It was a case dealing with state
> > > power to
> > > > > regulate rates charged for the transportation of grain. In
> this
> > > 1877 case,
> > > > > the court stated: "We know that this power may be abused;
> > > but....for
> > > > > protection against abuses by (state) legislatures the people
> must
> > > resort
> > > > > to the polls, NOT TO THE COURTS." (Emphasis added)
> > > > >
> > > > >      By 1905, the Supreme Court had heard and decided at
> least
> > > twenty more
> > > > > cases involving the 14th Amendment, ALWAYS reaffirming the
> fact
> > > that it
> > > > > DID NOT extend the prohibitions of the Bill of Rights to
> state
> > > > > governments. In 1905, the Supreme Court finally overturned a
> > > STATE law
> > > > > (Lochner vs. New York) on the grounds that the law violated
> > > the "due
> > > > > process" clause of the 14th Amendment.
> > > > >
> > > > >      It was the beginning of the end for our original
> > > Constitutional
> > > > > system. In highly prophetic words, Justice John Marshall
> Harlan
> > > dissented,
> > > > > saying: "No evils arising from ...[state] legislation could
> be
> > > more far
> > > > > reaching than those that might come to our system of
> government
> > > if the
> > > > > judiciary, abandoning the sphere assigned to it by the
> > > fundamental law,
> > > > > should enter the domain of legislation, and upon grounds
> merely
> > > of justice
> > > > > or reason or wisdom annum statute that had received the
> sanction
> > > of the
> > > > > people's representatives."
> > > > >
> > > > >      In 1925, the Supreme Court, in the case of Gitlow vs.
> New
> > > York, fully
> > > > > implemented the doctrine that the 14th Amendment
> had "absorbed"
> > > the Bill
> > > > > of Rights and extended the prohibitions of the First
> Amendment to
> > > include
> > > > > state governments. This gave the Supreme Court the power to
> > > supervise the
> > > > > legislation of state governments. In that case, the Court
> > > stated: "For
> > > > > present purposes WE MAY AND DO ASSUME that freedom of speech
> and
> > > of the
> > > > > press - which are protected by the First Amendment from
> > > abridgement by
> > > > > Congress - are among the fundamental PERSONAL rights
> > > and "liberties"
> > > > > protected by the due process clause of the Fourteenth
> Amendment
> > > from
> > > > > impairment by the States." (Emphasis added)
> > > > >
> > > > >
> > > > >      Finally, in a burst of arrogance, in 1954, in the Brown
> vs.
> > > Topeka
> > > > > case, the Warren Supreme Court, using the 14th
> > > Amendment "absorption"
> > > > > doctrine, abandoned the principle of Stare Decisis (that the
> > > court should
> > > > > be guided by previous Supreme Court decisions) and
> fabricated a
> > > wholly new
> > > > > doctrine: that the Supreme Court could CHANGE the
> Constitution at
> > > will,
> > > > > taking no regard for law, the clear meaning of words or
> former
> > > precedent.
> > > > >
> > > > >         From the date of that decision, American citizens
> have
> > > not really
> > > > > had a Constitution at all. Until we, the people of this
> country,
> > > force
> > > > > Congress to use its power to rein in the Supreme Court, our
> > > Constitution
> > > > > is WHATEVER an oligarchy of NINE men and women in Washington
> SAY
> > > it is!!!
> > > > >
> > > > >          © 2005 Albert Burns - All Rights Reserved
> > > > >
> > > > >      Sign Up For Free E-Mail Alerts
> > > > >
> > > > >      E-Mails are used strictly for NWVs alerts, not for sale
> > > > >
> > > > >
> > > > >      Albert Burns was born 1924 and brought up in Elizabeth,
> NJ.
> > > Enlisted
> > > > > in the Air Force in September, 1942. Sent to Boca Raton,
> Florida
> > > to begin
> > > > > Officer training. Graduated as a Second Lieutenant. Attended
> > > University of
> > > > > Arizona to study Civil Engineering.
> > > > >
> > > > >      Albert moved to Lima, Peru as Assistant Supervisor of
> > > Construction,
> > > > > with the U.S. Foreign Buildings Division of the State
> Department.
> > > Worked
> > > > > on the construction of the new U.S. Embassy Office Building
> in
> > > Lima. After
> > > > > completion, he was transferred to Mexico City to work on the
> > > construction
> > > > > of the new Embassy.
> > > > >
> > > > >      Joined the John Birch Society in 1967. Was a chapter
> leader,
> > > section
> > > > > leader and eventually served for several years as the
> Coordinator
> > > in
> > > > > Hawaii. Once he got on the Internet about ten years ago, he
> began
> > > writing
> > > > > articles in an effort to alert fellow Americans to what was
> > > taking place
> > > > > in America which the vast majority were unaware of. He has
> been
> > > studying
> > > > > and writing, ever since.  E-Mail: [EMAIL PROTECTED]
>
>
>
>
>
>
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