Courts first to go in right-wing revolution

Palm Beach Post Columnist

Saturday, November 27, 2004

Every time the so-called Christian Right has tried to turn this country into a theocracy, those pesky federal courts have stymied things.

So now — according to the liberal Americans United for Separation of Church and State — the right-wingers have come up with a new scheme. All they plan to do is to strip the federal judges of their right to hear cases involving the separation of church and state.

Reportedly, such leaders as the Rev. Jerry Falwell and Republican Rep. John Hostettler of Indiana, flush with what they see as a successful right-wing revolution, believe they can make the federal courts virtually powerless.

Rep. Hostettler, addressing a special legislative briefing of the Christian Coalition last month in Washington, reportedly talked at length about a bill he plans to introduce. It would deny federal courts the right to hear cases challenging the Defense of Marriage Act, which bans same-sex marriage.

"Congress controls the federal judiciary," Rep. Hostettler was quoted as saying. "If Congress wants to, it can refer all cases to the state courts. Congress can say the federal courts have limited power to enforce their decision."

Apparently, the Hoosier congressman has not heard of the balance of power among the three arms of our government. He was quoted as telling the Christian Coalition members:

"When the courts make unconstitutional decisions, we should not enforce them. Federal courts have no army or navy... The court can opine, decide, talk about, sing, whatever it wants to do. We're not saying they can't do that. At the end of the day, we're saying the court can't enforce its opinions."

Another congressman, Alabama Republican Robert Aderholdt, was quoted as advocating court stripping as a means to protect state-sponsored Ten Commandment displays, such as the one erected by former Alabama Supreme Court Chief Justice Roy Moore.

And then there was Sheila Cole, executive director of the Republican Study Committee, a group of ultra-conservative House members. She said federal judges who refuse to listen to Congress might well be impeached.

Others in attendance at the session called for more direct action to render the federal courts powerless. During a question-and-answer period, a member reportedly said that in such cases as the Ten Commandments display, people should form a human barrier, if neccessary, to prevent removal.

Rep. Hostettler apparently liked that idea. In such a case, he allegedly said, federal marshals would have to be called out.

"If the president does that," he was quoted as saying, "who will have a say in the next presidential election?"

The Rev. Falwell spoke of what he called an evangelical awakening sweeping this nation, and boasted that the Religious Right now controls the Republican Party, according to Americans United.

Many of the legal scholars consulted by Americans United said the court-stripping scheme was of dubious legality. Michael Gerhardt, a professor at William & Mary Law School, testified before Congress twice recently, arguing that the plan violates the U.S. Constitution.

Constitutional or not, the scary part of all this is realizing how dizzy success has made these people. A week or two after the presidential election, I happened to tune in to the Rev. Pat Robertson's program. He was chortling and practically jumping up and down with elation.

He kept saying what a great opportunity the Christian Right now had to change the nation.

It sounds as if they intend to begin by ripping apart the Bill of Rights.


Blog editor's note: The following petition is from the web site of the Christian Coalition.

Whereas: Our Founding Fathers never intended that the branch they wanted to be the weakest of the 3 branches of American government - the federal judiciary - to be as strong as it is today; Our Founding Fathers never intended for the federal judiciary to be able to issue tyrannical judgments similar to those edicts that the British government was issuing before the American Revolution; Our Founding Fathers never intended a run-away-judiciary to be able to override the will of the American people,
Whereas: For the past 50 or so years, our federal judges have indeed been overriding the will of the American people and legislating from the bench: taking prayer out of schools (1962;) ruling that abortion on demand is legal in its "Roe vs. Wade" decision (1973;) taking the Pledge of Allegiance out of schools because of the words "Under God" (2003;) taking the 10 Commandments out of the public square (2003;) and removing God from all public places in America through hundreds of tyrannical decisions,
Whereas: The United States Congress for over 50 years has shirked its constitutional responsibilities and refused to rein in liberal tyrannical federal judges,
Be It Resolved: We strongly declare our support for the efforts by some Members of Congress to stop judicial tyranny in America.
We support the efforts of Indiana Congressman John Hostettler whose amendments to prevent enforcement of the removal of the 10 Commandments Monument in the Alabama judicial building and to prevent enforcement of the ban of reciting the Pledge of Allegiance by school children in America won overwhelmingly (the first passed by 260-161 and the second amendment won by 307-119.) Days after Congressman Hostettler's 10 Commandments amendment won, a liberal federal judge, Myron Thompson, issued a dictate that the state of Alabama had to remove the 10 Commandments Monument installed by Chief Justice Roy Moore a couple of years before. He set a deadline for removal during the congressional recess, before the U.S. Senate had time to vote on the Hostettler Amendment.
We support Alabama Congressman Robert Aderholt's "10 Commandments Defense Act of 2003," H.R. 2045, which would reserve the power of displaying the 10 Commandments to the States and not to run-away federal judges.
We support Missouri Congressman Todd Akin's "Pledge Protection Act of 2003," H.R. 2028, which will not allow lower federal court judges to hold hearings or to make rulings on the recitation of the "Pledge of Allegiance." Renegade federal judges in San Francisco earlier this year on the most liberal circuit court of appeals in America decreed that school children could no longer recite the Pledge of Allegiance because of the words "Under God."
We support North Carolina Congressman Walter Jones' "Houses of Worship" bill which will remove the IRS' ban over political speech in our nation's houses of worship.
We support Colorado Congresswoman Marilyn Musgrave's Federal Marriage Amendment which will save marriage as we know it, the union of one man and one woman.
We support South Carolina Congressman Henry Brown's "Real and Virtual Child Pornography Ban Constitutional Amendment" which will end actual and virtual child pornography in America.
We declare our determination to support the efforts of the United States Congress to Take America Back from a liberal and tyrannical federal judiciary.
We the undersigned support the efforts by Members of Congress to stop judicial tyranny in America. For some 50 or more years, past Congresses refused to take back their constitutional authority from run-away liberal federal judges. We support the efforts of Congressman John Hostettler whose amendments to protect the 10 Commandments and Pledge of Allegiance passed the U.S. House overwhelmingly in July. We the undersigned strongly support Congressman Robert Aderholt's "Ten Commandments Defense Act of 2003," H.R. 2045, as well as Congressman Todd Akin's "Pledge Protection Act of 2003," H.R. 2028, which would keep the words "Under God" in the "Pledge of Allegiance".