Blackstone Institute

"Empowering With Knowledge"

"Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives." James Madison, "Father of the Constitution;" President of the United States, 1809-1817

 

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January 2000

The New Millennium:
It's Time To Curb The Courts!

In 1976, prominent Humanist leader Paul Blanshard celebrated the Twentieth Century secularization of America in an article entitled "Three Cheers for Our Secular State." In what he called this "paean of praise" for a secular America, he exulted, "My primary hero [in this secularizing process] is the United States Supreme Court."

America has always been a nation in which the legal profession has played a uniquely powerful role. But until the late Nineteenth Century, American law could well have been identified as "a primary hero" in the maintenance and perpetuation of Judeo-Christian values. Some scholars today argue that among the framers of the Declaration of Independence and the Constitution were leaders espousing anti-Christian views. But any comprehensive and objective study of American history reveals clearly that the Judeo-Christian values system was unequivocally accepted as the foundation of the Declaration and the Constitution. Indeed, a powerful case can be made for the proposition that a constitutional republic such as ours could neither be established nor maintained on any foundation other than the Judeo-Christian world view.

Today, however, that world view is under militant attack; and federal judges have often led the attack. Christian values were first trivialized, then privatized, and now are even penalized by the courts. Simultaneously, anti-Christian values were tolerated, then accepted, and now are advocated in the public square. Our moral anchor has been replaced by moral anarchy, and constitutional supremacy has all too often been replaced by judicial supremacy.

A decisive turn in this direction occurred in 1870, when Christopher Columbus Langdell became Dean of the Harvard Law School. A deeply committed evolutionist, Langdell fought to move legal education from the law office to the law school classroom. In this latter venue, America's future legal leaders could more easily be isolated from the real world and fed a steady diet of anti-orthodox views and values--what former Cornell Law School Dean Roger Cramton has called "the ordinary religion of the law school classroom."

For over sixty years, the attacks on the orthodox world view in law occurred primarily in the ivory towers of academe, sheltered from public view and public opposition. But in 1953, Earl Warren was named Chief Justice of the United States. Under his impassioned leadership, the anti-orthodox world view which had inundated legal education spilled into court decisions and began to flood American law and culture in general.

As we now stand on the threshold of this new millennium, the critical question facing us in American law is, "Where do we go from here?" The answer to this question depends substantially on America's courts, where much of our current problem is rooted. Activist/liberal judges of the Earl Warren genre CAN be stopped, but decisive action by us as citizens is necessary. We urge you to join the many of deeply concerned and committed Americans who will be working in the new millennium to CURB THE COURTS and RESTORE CONSTITUTIONAL GOVERNMENT to the United States!