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Will O'Connor's Replacement Be A Scalia Or A Souter?
By Doug Patton
July 5, 2005
"Let it be remembered that civil liberty consists, not in a right to every man to do just what he pleases, but it consists in an equal right to all citizens to have, enjoy,and do, in peace, security and without molestation, whatever the equal and constitutional laws of the country admit to be consistent with the public good." - John Jay, First Chief Justice of the U.S. Supreme Court
Two hundred twenty-nine years ago, Washington, Franklin, Jefferson, Hancock and the others gathered to proclaim America's independence from the tyranny of King George. Later, after a bloody revolution, the ideals laid out in the document they signed that day in Philadelphia formed the framework for the United States Constitution.
Two centuries later, we find ourselves once again in the grip of tyranny, this time from an unelected judicial oligarchy that usurps the powers of Congress, legislates from the bench and derives much of its authority not from the Constitution but rather from so-called international law.


Early in the second term of that very first Supreme Court, Chief Justice John Jay had occasion to demonstrate the concept of impartiality of the court. Alexander Hamilton sent Jay an urgent request that the Court join the other federal departments in denouncing opposition to a bill that would assume state debts. Jay carefully replied that it was the sole business of the court to rule on the constitutionality of cases being tried before it. He declined to make any comment on the issue the bill.
Contrast that with today's court, which feels compelled to legislate on every issue imaginable, resulting in decisions like the recent convoluted ruling concerning the constitutionality of displaying the Ten Commandments in public places. In a 5-4 opinion written by Justice David Souter, the high court ruled that the same Ten Commandments can be displayed on public property in Texas, but not in Kentucky. In that decision, Souter wrote that government not only has a duty not to discriminate in favor of one religion over another but also in favor of religion over non-religion.
In other words, David Souter and his liberal colleagues on the U.S. Supreme Court have somehow found that the U.S. Constitution contradicts the U.S. Declaration of Independence, which states that our rights are bestowed upon us by God.
In a scathing dissent from the majority opinion, Justice Antonin Scalia said the decision was inconsistent with the Founder's own views and "ratchets up this court's hostility to religion."
Scalia spoke of Sept. 11, 2001, noting that he had been in Rome on that day, and that after President Bush had concluded his speech to the nation with "God Bless America," a European judge had confided that he was sad Europe's leaders no longer make such religious references in their speeches.
In recent years, David Souter, has voted to strike down Nebraska's ban on the hideous procedure known as partial birth abortion (Stenberg v. Carhart); to affirm the constitutional right to perform homosexual acts (Lawrence v. Texas); and to grant the right of municipalities to seize the private property of one owner and hand it over to another (Kelo v. New London, CT). Now, he has voted to force the removal of the Ten Commandments from several Kentucky courthouses.
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