June 27, 2002
There are three instances when the U.S. Supreme Court needs to step in and overturn a lower court ruling:
When a lower court misapplies constitutional principles;
When a lower court misapplies a previous Supreme Court decision;
When the lower court happens to be the 9th Circuit Court of Appeals. The 9th Circuit is the most-overturned appellate court in the nation. It is sure to maintain its dishonorable reputation thanks to the ruling that a teacher-led recitation of the Pledge of Allegiance and a 1954 Act, which added the words "under God" to its content, violate the Establishment Clause of the First Amendment. The America-loving public can rest assured that the decision of these judicial activists will be overruled. The Constitution was built upon the framework of the Declaration of Independence, which states that our citizens are "endowed by their Creator with certain unalienable Rights." The words "under God" simply acknowledge the source of those rights.
Government derives its "just powers from the consent of the governed." The Constitution is the document that expresses that consent.
The First Amendment prohibits federally endorsed religion. But it also forbids interference with the "free exercise" of religious expression.
What the 9th Circuit Court of Appeals has done is distort the Establishment Clause and breach the Free Exercise Clause, suppressing the religious and patriotic expression of some of our youngest citizens.
If Sen. Patrick Leahy and his minions continue to block judicial nominees, we’ll end up seeing 9th Circuit clones everywhere.