Left-wing Carter-era judge Barbara Crabb illegally struck down a widely-supported 1952 law on Thursday that enabled the creation of the National Day of Prayer. The basis for this decision was the Establishment Clause of the 1st Amendment, which forbids Congress from establishing a national religion to which others would be accountable.
But being that this generic day of prayer was never forced on anyone or even specific to any one religion, it clearly in no way violates this…and this is always the left’s problem.
The Constitution is completely incompatible with what liberals want (in this case, to forcibly eradicate every last sign of our Judeo-Christian founding), so some blatantly dishonest misinterpretation must be invented. How about a mythical “separation of church and state?”
As I have demonstrated, this is an outright fabrication that flies in the face of everything the Founders intended. It is nothing more than a way for un-elected, unaccountable leftist judges to shove state-enforced godlessness down the throats of a completely unwilling public.
And the kicker: Judges don’t even have the authority to overturn laws enacted by Congress. Judicial review is a made-up power never mentioned or implied anywhere in the Constitution–which is a strict enumeration of powers (meaning, if it’s not specifically listed as a power, it’s a power that does not exist).
In fact, even the most pro-big government Founder of them all, Alexander Hamilton, said that the judiciary would always be “the least dangerous branch,” because it has the least capacity to “injure and annoy” our rights.
The Founders intended the judiciary to only handle individual “cases and controversies” and have zero impact on broad matters of public policy. They even gave Congress the ability to simply pass a law and strip the courts from being able to hear entire categories of cases (which has been used for everything from brush-clearing laws to the Defense of Marriage Act).