B
Brad
Guest
Today, the very nature of law prohibits cases from being argued solely by looking at the intent of the nation’s Founders. Some, who hold a constructionist view of law, admit that in the ’60’s, "70’s and early ’80’s, cases were tried poorly by conservative jurists, leading to many of the rulings handed down by state and federal courts.
The American social landscape bears little resemblance to the late l8th century. The country is no longer a melting pot, instead succumbing to the philosophy of multiculturalism which divided Americans along racial, ethnic and other cultural lines. Judicial activism has helped delete the homogenous nature of society by using the courts to advance this way of thinking.
The Founding Fathers intent was clear. They saw natural law as a fundamental component of a democratic republic. For over 150 years, the courts not only supported this vision, but also made religious liberty an integral factor in the interpretation of law. But the ever-narrowing approach to religious rights, guaranteed by the First Amendment, has had profound results. Legal revisionism has distorted a sacred legacy.
In his farewell speech, George Washington stated, “Of all the dispositions and habits, which lead to political prosperity, Religion and Morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of Men and Citizens.” Our first President also stated, "Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in Courts of Justice? And let us with caution indulge the supposition, that morality can be maintained without religion. "
The American social landscape bears little resemblance to the late l8th century. The country is no longer a melting pot, instead succumbing to the philosophy of multiculturalism which divided Americans along racial, ethnic and other cultural lines. Judicial activism has helped delete the homogenous nature of society by using the courts to advance this way of thinking.
The Founding Fathers intent was clear. They saw natural law as a fundamental component of a democratic republic. For over 150 years, the courts not only supported this vision, but also made religious liberty an integral factor in the interpretation of law. But the ever-narrowing approach to religious rights, guaranteed by the First Amendment, has had profound results. Legal revisionism has distorted a sacred legacy.
In his farewell speech, George Washington stated, “Of all the dispositions and habits, which lead to political prosperity, Religion and Morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of Men and Citizens.” Our first President also stated, "Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in Courts of Justice? And let us with caution indulge the supposition, that morality can be maintained without religion. "
:yawn:
