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"Define and Destroy": How Judges are Winning the Culture War

February 26, 2009
EagleForum.org
America has just celebrated the birthdays of two of our greatest Presidents-George Washington and Abraham Lincoln. This celebration calls us to contemplate again the condition of our nation today, compared to the nation for which Washington and Lincoln fought so hard and in which they believed so deeply. That nation today is drastically different from the one envisioned by Washington and Lincoln. Why?

America today is engulfed in the fires of a Culture War. Federal judges for more than fifty years have been whipping the flames to a white-hot heat. Constitutional supremacy has been replaced by judicial supremacy; the normal has become the deviant; and Christians have ipso facto become criminals.

What is a "culture war"? A "culture war" can be equated with the "social revolutions" of past world history. Consider the French Revolution of 1789 and the Bolshevik Revolution of 1917. Both civil wars remind us of radical revolutions characterized by wanton bloodshed and attacks upon the decadent, brutal, repressive regimes in power. Both of those Revolutions differed drastically from the American Revolution of 1776. The first two were true "social revolutions" (or "Culture Wars") - a no-holds-barred attack by the rebels on the entire fabric of the existing culture - the religious institution, political system, social structure, economy, etc. The existing societies and worldviews were attacked from top to bottom, from assaults on specific rulers to assaults on the very religious/philosophical foundations of those nations.

The American Revolution, in sharp contrast, was a limited, political revolt against the political regime in London. There was no attack by the colonial revolutionaries upon the Judeo-Christian worldview of Anglo-American life, no attack upon the basic religious/philosophical foundations of Anglo-American society. Both the colonists and the British fought from a Judeo-Christian foundation and within the limits of the Common Law, which was the jurisprudential form of the Judeo-Christian worldview (these combatants are known today as "Constitutionalists," while Humanists in the judicial/constitutional arena are known today as "Reconstructionists.")

America today is engulfed in the flames of a Culture War - another "American Revolution." But our current cataclysm increasingly resembles the 1789 and 1917 foreign revolutions, rather than our own 1776 revolution. Today our Judeo-Christian foundations are being battered by a vicious foe - the Humanistic worldview.

There are Humanists who long ago recognized not only the existence of the Culture War, but the victories Humanism had already won in the War. In 1976, prominent Humanist leader Paul Blanshard exulted over Humanist victories in an article entitled "Three Cheers for Our Secular State." He opened with a description of his article as a "paean of praise" to the progress of Humanism ("Secularism") in conquering America. Furthermore, he identified the agency he considered most praiseworthy in leading the Humanist victories: "My primary hero [in this secularizing process] is the United States Supreme Court."

Blanshard would find far more reason to exult over Humanist victories in the Culture War today than in 1976. The U.S. Supreme Court now occupies a position of virtual hegemony over American culture as well as American law. Penned at almost the same time as Blanshard's article was another by Cornell Law Dean William Ray Forrester. Forrester accurately described the Court's Reconstructionist take-over of America:

[The U.S. Supreme Court as an institution] is even more unique and unprecedented than commonly supposed. Indeed, the institution can no longer be described with any accuracy as a court, in the customary sense. Unlike a court, its primary function is not judicial but legislative. It is a governing body in the sense that it makes the basic policy decisions of the nation, selects among the competing values of our society, and administers and executes the directions it chooses in political, social and ethical matters. It has become the major societal agency for reform ["reform" being a euphemism for Humanist/Reconstructionist values].

How have an infinitesimal number of people (nine or fewer Justices of the Court at any one time) accomplished such a coup? A major Court weapon has been its "define and destroy" tactic. With this weapon, the Court majority (sometimes only five of the nine members) has seized the opportunity in "landmark" cases to highlight a fundamental constitutional phrase and cultural value and so radically alter the meaning of the phrase/value as to destroy it in its original meaning.

Six such constitutional guarantees can be identified as particular targets of Reconstructionist Judges' "define and destroy" blitz. These guarantees are:

  • Person[hood]
  • Life
  • Liberty
  • Expression/Thought
  • Religion
  • Law

Every American patriot must understand how judges have successfully transmogrified these phrases, striking savage blows of victory for Humanist/Reconstructionist views and values in America's Culture War. Accordingly, in the weeks ahead, we shall examine the judicial "define and destroy" campaign as it has morphed America's foundational guarantees/values. As we do so, may we keep before us the wisdom of George Washington, who declared, "[I]t is the duty of all nations to acknowledge the providence of Almighty God, to obey His Will, to be grateful for His benefits, and humbly to implore His protection and favor. . . . it is impossible to rightly govern the world without God and the Bible."

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