Point to Ponder
Posted by Godefroi on July 22, 2009
This is a short excerpt from David Barton’s little book America: To Pray or Not To Pray (pp 15-19 in the version I had). Emphases are mine.
…eight of the nine Justices on the 1962-63 Supreme Court [that is, the Warren Court that Teh One said didn’t go far enough – GdB] had been appointed to the Court following an extended history of political rather than judicial experience. Chief Justice Earl Warren had been the Governor of California for ten years prior to his appointment; Justice Hugo Black had been a U. S. Senator for ten years; Justice Felix Frankfurter had been an assistant to the Secretary of Labor and a founding member of the ACLU; Justice Arthur Goldberg had been the Secretary of Labor; Justice William Douglas was chairman of the Securities and Exchange Commission prior to his appointment. All of the Justices except one had similar political backgrounds. Justice Potter Stewart, a federal judge for four years prior to his appointment, was the only member of the Court with extended federal Constitutional experience prior to his appointment. Interestingly, he was also the only Justice who objected to the removal of prayer and Bible reading. … June 25, 1962, in Engel v. Vitale, the Supreme Court [Warren court] forbade the inclusion of religious activities in major activities of daily student life by striking down school prayer and Bible reading. Never before in the history of our nation had any branch of our government taken such a stand.
Eight out of the nine “justices” on the Warren Court were UNQUALIFIED for the job. They were not Constitutional scholars – not even JUDGES – but rather politicians.
Today’s courts frequently state that they are compelled by previous decisions to rule in a certain manner, the so-called “Wall of Separation” doctrine being one of them. Interestingly,
…in Engel v. Vitale, only last year, these principles [the separation of prayer from the classroom] were so universally recognized that the Court, without citation of single case … reaffirmed them. (School Dist. of Abington Township v. Schempp; 374 U.S. 203, 220-221, 1963)
Did you catch that? The Engel case which banned school prayer did not cite even ONE precedent to back up the ruling. Stare decisis has become a handy excuse to keep Constitutionally-questionable policies and practices in place.
Let me suggest to any visitors here to read Mr. Barton’s book cited above, or even better one called “Original Intent”. You will see that the reason the Warren court did not cite any precedents is that the precedents were all against them.
Just something to think about.