By
Jake MacAulay
January 29, 2017
NewsWithViews.com
Because the Supreme Court Can Be Ignored
On Saturday, feminist abortion rights activists gathered to protest the inauguration of President Donald Trump. The following day, pro-life Americans celebrated the Sanctity of Human Life, a day celebrated as a tradition started in 1984 by President Ronald Reagan in response to the 11th anniversary of Roe v. Wade, in which the Supreme Court issued an opinion that denied the right to life to an unborn child.
Regrettably, even with the efforts of pro-life Americans and presidents, abortion is NOT disappearing in this country and I believe this is, in part, because we are using the WRONG METHOD to attack it; for example, by “trying to overturn Roe v. Wade.”
Why do you say this, Jake? Well, for starters, Article 1, Section 1 of the U. S. Constitution states that ALL legislative authority rests with Congress. The Supreme Court, as part of the Judicial branch, does not make law, but merely rules on their opinions. Those opinions are relative ONLY to the parties involved, not to the nation.
Congress, who makes law in accordance to the Laws of Nature and Nature’s God, has NEVER passed any legislation to “legalize” abortion, THEREFORE THERE IS NO LAW TO OVERTURN.
Even if Congress did pass such “law,” it would be what our founders called “pretended legislation” as it violates the Laws of Nature and Nature’s God.
Unbeknownst to most Americans, previous horrendous Supreme Court decisions have dissolved because they were ignored, not overruled or overturned. Here are two examples:
Dred Scott: This was a War-Between-the-States-era decision ruling that people of African descent were property and could not be U. S. citizens. Clearly this opinion of the court had no practical or legal authority so it was ignored.
Buck v. Bell (1927): Championed by Oliver Wendell Holmes, the court ruled that incompetent/imbecilic women should be sterilized. Almost 70,000 were sterilized before this was stopped. It was stopped because of public opinion, not because the decision was overturned.
Founding father and First Amendment architect Fisher Ames knew decisively the importance of establishing MORALITY as the heart of public opinion.
“Constitutions,” said Ames, “are but paper; society is the substratum of government.”
I submit that to stop abortion, going through the courts is irrelevant and even lend credibility to the murderous Roe v Wade decision, which has never had legal legs to stand on.
Instead of lawsuits, it is imperative we increase our efforts in educating the public on the immorality of killing innocent children of any age, including in the womb.
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Truth must define the terms and set the parameters of the argument. For example, if the Supreme Court ruled it was okay to kill any child under the age of three for any reason, would that make it okay? Would their ruling make it legal? How many children would be killed because of a “terrible-2-year-old’s bad day”? How would we view parents who did such a thing?
With the narrative on this foundation of questioning, no legislation is needed. Moral outrage will ensue in the hearts of the people and their representatives, and Roe v, Wade will fade into history, just like Dred Scott and Buck v Bell, while state governors and attorney generals will again enforce the law of our land which protects the right to life and criminalizes abortionists.
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Footnotes:
1.
The Debates and Proceedings in the Congress of the United States, Joseph
Gales, editor (Washington: Gales & Seaton, 1834), Vol. I, p. 27. See
also George Washington, Messages and Papers of the Presidents, James D.
Richardson, editor (Washington, D.C.: 1899), Vol. 1, pp. 44-45, April
30, 1789.
2.
The Debates and Proceedings in the Congress of the United States, Joseph
Gales, editor (Washington: Gales & Seaton, 1834), Vol. I, pp. 27-29,
April 30, 1789.
3.
The Debates and Proceedings in the Congress of the United States, Joseph
Gales, editor (Washington: Gales & Seaton, 1834), Vol. I, p. 25, April
27, 1789.
4.
The Debates and Proceedings in the Congress of the United States, Joseph
Gales, editor (Washington: Gales & Seaton, 1834), Vol. I, p. 241,
April 29, 1789.
Jake MacAulay serves as the Chief Operating Officer of the Institute on the Constitution (IOTC), an educational outreach that presents the founders’ “American View” of law and government. IOTC has produced thousands of graduates in all 50 states with a full understanding of the Biblical principles on which America’s founding documents are based.
The former co-host of the syndicated talk show, The Sons of Liberty, he is an ordained minister and has spoken to audiences nation-wide, and has established the American Club, a constitutional study group in public and private schools.
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