So Sure of Our Errant Protests

Rev Jacob Duché leading in prayer at the first Continental Congress, 1774

Rev Jacob Duché leading in prayer at the first Continental Congress, 1774

This era of voicing protest began and was highlighted by the Schempp family’s objections that their Fourteenth Amendments rights were violated by a Pennsylvania Public Law which stated in part; “At least ten verses from the Holy Bible shall be read, without comment, at the opening of each public school on each school day. Any child shall be excused from such Bible reading, or attending such Bible reading, upon the written request of his parent or guardian.”

Not being a legal scholar but having been a public school student prior to the Schempp’s lawsuit, satisfying this lone objection, to the detriment of the masses is blatantly counteractive. Consider that nine Supreme Court Justices ruled against what our Forefathers considered to be the most fundamental component of a well balanced education?

In addition to this common sense approach, the Schempp family, at the time, were practicing Unitarians, or more importantly, exercising their own freedom of religion to believe in and enjoy their particular beliefs.

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This is the point to which myself and all who partake in this American experiment, this melting pot, must adhere to. It’s this unifying or “melting pot” concept verses the individual. If not, splintering will be our undoing.

So, how did one of our three branches of governing come down against what was so engrained within our American fabric? This wasn’t a judicial ruling of any worth, let alone of any constitutional value. It was, in fact, an intentional assault upon the religious freedoms and beliefs of the majority.

While we seem consistently drawn to “the establishment clause” of our first Amendment that “congress shall make no law respecting an establishment of religion,” scant notice is ever given to its accompanying “free exercise clause” which ensures “the free exercise thereof.”

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So, on the one hand, The Schempp’s objections were upheld based upon the “establishment” clause while due diligence to the “free exercise’ clause was ignored, as was exemplified by the subsequent outlawing of “the free exercise” right to Pennsylvania’s public law.

So, back in the sixties, not only were our previously unhindered rights of religion hindered, what began in the Abington School District spearheaded what today is now a legislative acting judiciary. From five hundred and thirty five to nine. That is the bottom line to our American constitutional law as it stands.

And what of these nine? How is it possible that these black robes can remain impartial when in fact the day to day definition of the Court’s make-up refers to the imbalance of liberal verses conservative? Probably the one most enduring legacy of a president is his lasting effect from these appointments, of which are inherently connected to his political partialities.

So, depending upon whether the vacancies occur during a democrat or a republican administration, so goes the bias of our Supreme Court. And within this judicial coterie, rulings are supposedly equated with Constitutional righteousness? Hardly!

Logic supports why our Forefathers invested so many individuals into the legislative process. The higher the number involved, the less likelihood of corruption. So, this educational restructuring began with an improper act of dissent, of which resulted in a tainted and biased finding.

The long journey from the Constitution’s original intent, to current secularist thinking, with its iffy value arrangements, have blurred many original concerns of our Founders. One such item was the first amendment’s chief fear against any possibility of “establishing” a State sponsored Church.

It would seem to be impossible that any learned barrister could matriculate through a legal career without absorbing such basic original understanding and purpose. To think otherwise is to be mislead or worse, to actually be intent upon ignoring our Founder’s written determinations. In any case, judicial findings, such as in the Schempp case, are as baseless as they are illegal.

So, well over fifty years ago, America lost one of its most sturdy foundations from an improper judicial review. The public’s acceptance substantiates why public school curriculums excludes any Constitutional study. Within this vacuum, this unknowing, other absurd protests such as a “wall of separation between church and state” took flight. “We the people” have much to correct, in addition to electing a new President.


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Jim Bowman is a 67 year old drafted Vietnam veteran, and a retired boiler maker with 31 years of service. He has been published in numerous newspapers in Florida and Philadelphia, is the author of This Roar of Ours, and the publisher of the Americanism of our Founders website. He is the proud father of a son and daughter, two grandsons and one granddaughter.
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