When the U.S. Supreme Court declared that the act of Congress that has come to be known as “Obamacare” is constitutional, it let stand one of the most invasive, coercive, and overreaching laws Congress has ever passed. It showed again the power that the courts hold over the lives of every American.
In Federalist 78, Alexander Hamilton said, “It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents.” Yet that is exactly what Congress did when it passed the miscalled “Patient Protection and Affordable Care Act.” Recent polls show that only one-third of Americans are in favor of it.
According to Hamilton, the role of the courts of justice should be “considered as the bulwarks of a limited Constitution against legislative encroachments.” In the case of Obamacare, if the High Court had been true to its constitutional role, as the Founders intended, it would have kept Congress from encroaching on the rights of citizens that are protected within the Constitution.
In two timely new television specials, Truth in Action Ministries takes a close look at the federal courts. The two part special, “Freedom on Trial,” airs the first two weeks of July. It reveals how the courts have not only failed to keep Congress within the limits of its constitutionally assigned authority — they have actually extended their own powers by legislating from the bench on key issues brought before them.
Constitutional scholar Herb Titus, “You have to go back to the scriptures to find out what a judge is supposed to do.”
Herb Titus is one of the many experts who speak in “Freedom on Trial.” As a constitutional scholar and former Dean of the College of Law and Government at Regent University Titus says, “We have lost our way and judges have been primarily responsible for that in substituting their own philosophies for the enduring principles in the text of the constitution.”
Not only are they substituting their own philosophies, in an increasing number of cases the courts are resorting to international law and foreign tradition, says David Limbaugh, attorney and author of Persecution: How Liberals Are Waging War on Christianity. And yet, Limbaugh points out, “[T]here is utterly no authority for them to do that under the Constitution.” He calls this “a dangerous thing.” “For our judges to arbitrarily adopt these types of rulings,… constitutes a grave danger to religious liberty in this country.”
Unfortunately, it seems that the American public now ascribes more power to the High Court than is its due under the Constitution. Louis Fisher, Scholar in Residence at the Constitution Project, says, “I think only in the last 50 – 60 years we’ve been drifting into this position that the Court is the final word…and so we deify the Supreme Court.”
Herb Titus explains the danger inherent in this view. “Many judges are ignorant instruments of a movement that would place all of the American people into bondage, rather than enjoying the liberty that our founders fought for and risked their lives, their fortunes, and their honor.”
In answer to the question, “What can people do about judges?” former Attorney General Edwin Meese III says, “The main thing that they can do, quite frankly, is to elect people to the Senate of the United States, who are going to honor the Constitution and who are going to confirm judges who believe in the Constitution—who have the integrity, the intellectual capability, and the overall competence to be good judges.”
Meese says, “There’s no greater duty on the Senate than to confirm good judges so that we have people who believe in the Constitution and who understand their role as judges, and who will refrain from judicial activism that is usurping the powers of the other branches.”
Besides the special “Freedom on Trial,” Truth in Action Ministries and the Alliance Defending Freedom have co-produced a documentary, “The Attack on Freedom,” which will air the 3rd and 4 weeks in July. It sharply outlines how our freedom and liberty are hanging in the balance. This two part program lays out with stunning details the ongoing erosion of our nation’s fundamental freedom, the freedom of religion.
Alan Sears, President of ADF, “Religious liberty is the most important liberty known to man.”
Alan Sears, President of ADF says, “Religious liberty is the most important liberty known to man because without freedom of expression of our faith, the ability to live out our faith, without the freedom of conscience, which comes with the imposition of faith in our hearts, we cannot be who God created us to be.”
While this is our most treasured liberty, it is now threatened by those who believe that religion has no place in our national life. Activists are seeking to restrict the free exercise of religion and purge God from public life. They are taking the attack to the workplace, to public schools and college campuses. They are even attacking the rights of churches to meet for worship.
The documentary exposes this astonishing onslaught against religious freedom and tells four stories that illustrate these efforts to silence, coerce, and even punish Christians so they will bow down to an agenda that denies our most precious freedom.
As Sears observes, “The basic and most inalienable right of the human person is freedom of religious and freedom of conscience, which accompanies freedom of religion. Without that liberty our other liberties are in jeopardy.”
Although both “The Attack on Freedom” and “Freedom on Trial” show pictures of our religious freedom under attack, they also offer hope for the future. Religious liberty is the fundamental liberty which undergirds all of our freedoms. When we stand fast in our defense of this liberty, we protect all of our precious freedoms.
Hugh Hewitt, the host of “The Attack on Freedom,” says at the conclusion of the program, “In the end it’s not up to what the ACLU and their allies do. It’s not up to what atheists or activist judges do. It’s not up to what politicians do. It’s up to you; it’s up to me; it’s up to what those of us who value our God-given liberties do. Will we engage the abuses or will we stand on the sidelines?”
Watch the Attack on Freedom trailer