Here is yet more evidence that Congress is fatally flawed and more obsessed with its own job security than doing the job mandated by the Constitution; and the Supreme Court of the United States (scotus) lends full credence to Lord John Emerich Edward Dalberg-Acton’s conclusion that “absolute power tends to corrupt, absolutely”.
The scotus is charged by the Constitution to resolve disputes in accordance with the Constitution and federal laws that flow therefrom. The Constitution does not empower the scotus to amend the Constitution nor does it express or imply that any scotus ruling should be accorded a force of law beyond that which is founded on the Constitution.
All of the original states were represented at the Constitutional Convention and all opinions were heard; evidenced in the Letter of Transmittal where they stated, in part,
“In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety–perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus, the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.”
Thomas Jefferson’s vision of a virtual “wall of separation” between church and state was not included, expressed or implied in the Constitution at the time of ratification. Therefore, it could not ever be considered a part of the Constitution unless ratified as an amendment in accordance with Article V of the Constitution. Doing so would be tantamount to amending a legal contract after it has been duly signed and witnessed, without the signatories attesting to the change.
Congress has had over two hundred years since Jefferson’s letter to the Danbury Baptists to amend the Constitution to reflect Jefferson’s sentiments, yet to date it has not.
Absent any such amendment, scotus is constitutionally bound to judge only whether or not Congress has made a law “…respecting an establishment of religion, or prohibiting the free exercise thereof;”
Clearly, in the instant case, there is no law, congressional or otherwise, mandating prayer or attendee’s participation in prayer.
For scotus to find a law to be unconstitutional, proscription of that law must be in the Constitution. Jefferson’s letter is not a part of the Constitution so that a law or act cannot be unconstitutional simply because it offends the letter.
Congress is rife with lawyers and we have a President that is allegedly a constitutional scholar. For them to allow scotus to continuously violate the Constitution with impunity is testament to the fact it is time for all of them (Congress and the President) to go. Democrats, Republicans, Tea Party, what have you; if they cannot defend the Constitution as they took an oath to do, we do not need them.
The absolute corruption that attends absolute power renders scotus unable to stop itself; this is not scotus’ first rodeo SUPREME COURT POISED TO DECLARE DOMINION OVER ITS CREATOR; VAPID AND VACUOUS.
We need a congress that does not just carry copies of the Constitution but also understands the power and responsibility vested in it by the Constitution LITMUS TEST FOR 2014.
It is not just the other guy’s guy that is the problem; it is your guy too.