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Bob Webster: Church vs. State

August 30th, 2010 by Halli

By Bob Webster, Constitutional Scholar

Once, I heard an attorney on a radio talk show state that the Supreme Court acquired jurisdiction over religion in America when a lower federal court interpreted a case as a violation of “the separation of Church and State,” under the “establishment of religion clause,” in the 1st Amendment. This lawyer was trained to believe it was the binding law of the land.

This is where the entire legal/judicial system is pathetically out of tune with the intent of the Framers of the US Constitution. Lawyers and judges no longer refer to the Constitutional Convention Notes by Madison, nor the Federalist Papers by Hamilton, Madison and Jay to obtain the Framers’ crucial INTENT. They merely reference the Supreme Court’s own self-serving, usurpations of authority.

To begin with, the foundation stone, the bottom-line principle, demonstrating the Framers’ INTENT in the very fabric of the Constitution itself, is the principle of LIMITATIONS of power on the federal government, the DIVISION/SEPARATION of powers among the three branches, and the CHECKS AND BALANCES on power between the three branches.

Only the Legislature (Congress) may make LAW, and is deliberately limited to the 20 powers specified in Article 1. The Executive is limited to 7 specified powers in Article 2, none of which permits making LAW. The Judicial is limited to 11 powers of jurisdiction specified in Article 3 (reduced to 10 by the 11th Amendment), limiting its jurisdiction to rulings on the Constitutionality of federal laws only, passed by the federal legislature.

The people are the ORIGIN of all political power, and the people create their government to serve their best interests, through elected representatives.

1. The lower federal court, in the case referenced above, had no jurisdiction to begin with. Religion is exclusively a States’ Rights issue.
2. The 1st Amendment INTENT was to prevent the federal government from establishing/requiring a “state” religion – an oppressive condition from which the Framers had just liberated Americans in the Revolutionary War for independence. The Framers intended the people to be free to worship as they chose, without coercion or interference from government or others.
3. The same Framers who wrote and signed the Constitution in 1787, stated in the 1787 Northwest Ordinance their INTENT that new States being formed out of the Northwest Territory should encourage the schools to teach knowledge, religion and morality. Education also is exclusively a States’ Right. Morality (right & wrong) is a function of religion.

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America is being usurped into the very status the Framers fought and bled to prevent, a federally-dominated center of power. The US Supreme Court majority arrogantly says that “the Constitution means what the Supreme Court says it means.” America is being held hostage by the feds: led by the judicial branch, supported and unchallenged by the executive branch, and enabled by a legislative branch that is too anesthetized by partisan politics and their re-election egos to even see America’s near-terminal diagnosis as “The United Socialist States of America” (USSA). Sound familiar?

Where are the hoards of lawyers, judges, attorneys general, state governors, state legislators, federal legislators, university law professors, ministers, free-speech journalists, high school teachers of civics and American Government and angry American citizens?? Doesn’t anybody study the Constitution and believe what they read? The Framers deliberately caused it to be written in citizen language rather than legal largesse. Americans are criminally over-taxed and over-regulated, but tolerate it as “normal,” just as Canada and European states accept their socialist existences. We have as long a list of serious grievances against government today as the American colonists listed in the Declaration of Independence.

Bob Webster

Posted in Constitutional Issues, Guest Posts, National Sovereignty, Politics in General, Presidential Politics | No Comments »

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