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National NewsConservative News
Here Sir, The People Govern
By Gary Palmer
Posted on: May 23, 2005
James Evans, the pastor of First Baptist Church of Auburn, recently wrote an article that lamented that "…this must be a tough time to be a judge in America." What he really meant was that it must be a tough time to be a liberal activist judge in America.
To be honest, the judiciary is under intense public scrutiny and is being subjected to some pretty harsh criticism that unfortunately sometimes extends too generally to all judges. There are some very good judges in this country that daily set aside their personal political bias and views and issue opinions based on the law. The problem is that there are far too many liberal activist judges, especially in the federal court system, that usurp the legislative process by ignoring the Constitution and use their power to make up new laws.
Over the last 40 years we have seen the Constitution ignored with rulings and decrees far outside it, making up new rights while undermining old established rights. For instance, while the federal courts have found a constitutional "right" to abortion, they have also found school prayer, the public display of the Ten Commandments, and the words "under God" in the Pledge of Allegiance to be unconstitutional. Currently, some activist judges are in the process of forcing a redefinition of marriage hat would radically change the entire culture by making same-sex marriage legal in every state.
The abuses of liberal activist judges have not been confined to social issues or attacks against Christians. They have also used the courts to force tax increases, to undermine property rights, and to weaken law enforcement and the punishment of criminals. In case after case, liberal activist judges have created new laws that the majority of citizens would not support, or invalidated laws that the majority had approved.
While the core principle of self-government has been undermined, a coalition of economic and social conservatives has mobilized politically to rein them in and restore the balance of powers laid out in our Constitution. And at the center of this movement are conservative Christians. In American politics, when a constituency turns out in record numbers to elect candidates that agree with them on a core issue, it is reasonable to expect that the candidates that were elected will deliver on that issue once in office. This is what is otherwise known as "representative government."
Rev. Evans sees it differently. He sees this as government being threatened by "religious extremism." He sees individuals like Dr. James Dobson, founder of Focus on the Family, as "trying to take over the government" when in fact he is merely a passionate defender of the Constitution. And like every other American citizen, Dr. Dobson has every right to speak his mind about policy issues and to engage in the political process in defense of the principles that he holds so dear.
Likewise, Rev. Evans and other liberals, under our Constitution, have the right to support liberal judicial activism and to vote for liberal politicians. They have the right to try to convince the electorate to implement their liberal agenda and to complain about the country becoming increasingly conservative. However, that same Constitution also gives conservative Christians every right to organize in support of conservative causes, to holds rallies and speak freely about the abuses of the judiciary, and the right to take their faith into the public square of political debate. The First Amendment works both ways.
So while some liberals may be wringing their hands in angst over the influence of the "religious right," most sensible Americans are not threatened by efforts to get judges appointed to the federal courts that will abide by the Constitution. They see it as an example of how the Founding Fathers intended our system of representative government to work. Evans and others may need to be reminded that, to quote Alexander Hamilton, "Here, sir, the people govern."
And that even includes people of deep religious convictions.
Republicans Hand Senate Democrats Victory, May 24, 2005.
No Basis for Judicial Filibuster, May 6, 2005.
Consent Decrees: The Other Judicial Activism, May 1, 2005.
Actions by Legislature Require Constant Vigilance, January 21, 2005.
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