Judicial Tyranny

October 2003

Dear Friends:

Greetings from Focus on the Family! Dr. Dobson has an important message to share with you this month. But first, I hope you will allow me (Don Hodel) to set the scene for you.

August 28, 2003, was a hot, humid day on the courthouse steps in Montgomery, Alabama. For several days there had been small rallies every evening in the public square surrounding these same courthouse steps — more prayer vigils, really, than rallies. Now thousands, perhaps as many as 4,000 had gathered, literally "on a moment's notice" when they heard that Dr. James Dobson would speak. The word had spread like wildfire that Dr. Dobson and Ambassador Alan Keyes and others would be there at noon for an impromptu rally. As they rounded the corner into view of the crowd with Dr. Dobson in the lead, there was an electric buzz that ran through those assembled causing them to break into loud, sustained applause and cheers. Thousands in person and millions on national TV watched what may well have been the opening salvos in a new movement aimed at restoring our foundation as a nation.

The proximate cause of the furor in Montgomery was an outrageous order from a federal district judge directing the removal of the two-and-a-half ton Ten Commandments monument from the rotunda of the State Judicial Center. Chief Justice Roy Moore had the monument placed there and was now refusing to remove it while he appealed the ruling on the grounds that the judge's decision was itself unconstitutional. Citizens, particularly Christian citizens, had begun gathering in the square outside the Judicial Center night after night.

There is ample historic documentation that the United States Constitution and its laws are based on the Judeo-Christian value system as found in Scripture. In fact, that value system has permeated our culture since before our founding and has made America the most productive, equitable, free and tolerant experiment in ordered liberty in the history of the world.

Undeterred by that fact, an unelected, unaccountable federal judiciary appears to be doing everything in its power to weaken the foundation upon which our country was built. Repeatedly, the Supreme Court has exercised judicial tyranny by declaring perfectly legitimate laws enacted by the citizens of states by direct votes "unconstitutional." The decision ordering the removal of the Ten Commandments monument from the State Judicial Center in Montgomery has gone the final step. The judge has ruled that a state does not have the right to acknowledge God even though the preamble to the state constitution invokes His name!

This is the last straw. Unchallenged, this decision destroys the Judeo-Christian underpinnings of our Constitution and laws and sets them adrift on a sea of shifting judicial whims. No wonder the U. S. Supreme Court in its recent abominable decision striking down the state of Texas' anti-sodomy laws based part of its justification on European standards. Imagine! Our court has negated our laws that have been deemed constitutional for over 200 years on the grounds that current European thought did not support our laws!

When will enough be enough!?

It is time for Congress to exercise its authority to rein in this out-of-control federal judiciary and if the courts refuse to abide by congressional limits, then Congress must impeach those runaway judges. By failing to recognize the foundation of our laws and Constitution, our courts now seem willing to dictate any social arrangement that tickles their fancy — or indeed, to do anything else they want. Their decisions are no longer based on the rule of law, but on "politically correct" likes and dislikes of the moment.

It was this understanding that brought Dr. Dobson to the courthouse steps in Montgomery on that hot August day. So as the applause and cheers rumbled through that square surrounding the courthouse steps, Reverend Pat Mahoney, one of the organizers of the ongoing demonstrations in Montgomery, introduced Dr. Dobson. Amid renewed applause and cheers, Dr. Dobson strode to the microphones and spoke with great passion. What follows are highlights from his speech (edited for clarity).

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I came here to remind us of what you already know — that it is very ironic that this event and this confrontation is occurring in Montgomery, where a little black lady, by the name of Rosa Parks, led a movement that began in 1955. She had no power. She had no influence. She had no money. She was not a political leader, yet she saw something that she felt was evil. Yeah, it was imposed on her and all black people by "the rule of law," that we've been hearing about this last week, but it was wrong. It was wrong. She determined -not to obey the order, because her people were oppressed and being sent to the back of the bus.

She is a Christian woman, as you know. She has a deep faith in God, but in 1955 the governor didn't help her. And the Attorney General was not there for her, and the legislators ran for the tall grass, and the power structure of the day did not offer its help. Nevertheless, Rosa prevailed, because she believed in the rightness of her cause.

Therefore, we honor her and invoke her name here today, because in a very real sense, we're in a great moral struggle of our own. We as people of faith are also being sent to the back of the bus. And we're not going to go there.

This great monument has now been put in the back of the bus, and it ought to be out on display where people can see it. But in a larger context, this struggle that we're involved in is not really about the Ten Commandments. It's not about the monument. It is not even about that wonderful man, Judge Moore, who has had the courage of his convictions to put it on the line. It will cost him professionally, but he has been willing to suffer the loss. But there is something even more significant at play here. This struggle is primarily a battle against judicial tyranny.

The liberal elite and the federal court judges and some members of the media, are determined to remove every evidence of faith in God from this entire culture. They are determined to control more and more of our private lives, and it is time that we said, "Enough is enough."

They want to redefine us as a nation and deny the spiritual heritage that brought us to this point. On the United States Supreme Court building are three depictions to the same Ten Commandments and to Moses. The sergeant of arms has opened every workday since 1777 by shouting, "God bless the United States and this Court."

The National Archives building displays the Constitution, the Bill of Rights and the Declaration of Independence. In order to see them, you have to walk past the Ten Commandments. There are evidences of early faith in God throughout the Capitol building in Washington, where I was yesterday, in the inscriptions, in the statutes, in the art displayed on the walls and in the chamber of the House of Representatives. Written behind the speaker are the words "In God We Trust."

Surrounding that chamber are depictions of the great lawgivers down through history. They are all facing away from the speaker. They're all looking at the person in the center. Moses is depicted there. He is the only one that is shown full-face, looking down on the Speaker and the representatives. The rest are looking to him, because our law is based on the Judeo-Christian system of values.

Throughout Washington, you see evidences of faith. In Philadelphia, the Liberty Bell has a Scripture inscribed from the book of Leviticus. The other examples are evident throughout the historic monuments and governmental buildings. If the ACLU and if the People for the American Way and if Americans United for the Separation of Church and State and all the other liberal organizations are going to accomplish their goal, they're going to have to sandblast half the buildings in Washington. And we're not going to let them do that.

So, we are here today to defend the things we believe. Now why has this confrontation occurred in Montgomery? Why didn't the leftist organizations start by removing references to God in Washington? Why did they come down here to beat up on the people of Alabama? The reason is because they were afraid to do it elsewhere. That will be done later when the nation has been "softened up"! Thus, they have come to Alabama, and they think they can intimidate you. But we must not allow that to happen.

The question is, what is the legal basis for these attacks on religious faith? It is the liberal interpretation of the Constitution. Everything that represents God or things that are holy are considered to be unconstitutional. The Ten Commandments represent our historic spiritual heritage on which all other law is based.

[Dr. Dobson then discussed how the judiciary continues to misinterpret both the Establishment Clause of the Constitution and the tradition regarding separation of church and state.]

It's been a 41-year struggle that started in 1962 with prayer in public schools. And in 1963, they removed Bible reading from the public schools, and most of us sat in silence. Christians are a people that reverence the law and abide by the rule of law. So we said nothing. And the liberals were on a roll then. They removed voluntary prayer from the schools, and then banned prayer at graduations and even silent prayer. In the 1980s, they required the state of Kentucky to take down the Ten Commandments from high school bulletin boards.

And it's gone from one thing to the other until it reached a low point last year when Judge Goodwin of the 9th Circuit in California ruled that school children could not say the Pledge of Allegiance because it contained those "offensive" words "under God." Everybody was shocked by the audacity of that decision. It was terrible, and in fact, it frightened members of Congress. They came stumbling out of the Capitol building, trying to get to the microphones to say they were opposed to Judge Goodwin's order.

Senator Daschle was one of the first ones to get to the microphones. This is "just nuts," he said. But ever since then he has been working tirelessly to preserve that kind of leftist judiciary and prevent conservative men and women from being confirmed to the U.S. Senate who have been nominated by President Bush. It is time for us to let the Democrats know that their filibustering is unacceptable to us.

Did you know that Thomas Jefferson was worried about the development of an oligarchy (which is defined as "government by a few") that would gain judicial power and be beyond the reach of the other two branches of government? When I was in the fourth grade, back in the days when school taught history — I was sitting in class one day, and my teacher went to the board and talked about the principle of checks and balances between the three branches of government. They put within the Constitution the responsibility in the Congress to check the courts. But the Congress has totally abdicated that responsibility, and what we have now is the kind of oligarchy that Thomas Jefferson was worried about.

Both Jefferson and Franklin submitted designs for the seal of the United States, and they each suggested depictions of Moses.

For the past few weeks, I've been watching the developing story in Alabama on CNN and FOX News. I've heard the various news media as they've described this event in Montgomery. They've totally missed the point. They've described it as the work of an out-of-control judge [Moore] who has a personal motive or ambition in defending the monument. I don't know how losing his job can be interpreted as an expression of ambition. The media have not understood the issue at all, and that's why I came here, to say to you, it's not about the Ten Commandments. It's about everything else.

It is mostly about an unelected, unaccountable, arrogant, imperious judiciary that is appointed for life and is determined to make all of us dance to their music. That is not the way a democracy is supposed to function. We need to go to the Congress and demand — absolutely demand — that they rein in this runaway court.

It's not just about removing God from the public square. Look at what they've done to us. In 1973, the Roe vs. Wade decision was an outrage. We followed the rule of law, despite our agitation about the ruling. So we worked within the system. Now, 30 years have gone by, and over 40 million babies are dead, and they're still being murdered.

In 2000, the Supreme Court struck down Nebraska's law that would have banned partial-birth abortion. Thus, full-term healthy babies are being delivered except the tops of their heads. They are kicking and squirming, fully brimming with life. Nevertheless, the physicians put a cannula or a tube into the back of the head and suck the child's brains out. How outrageous it is that the Supreme Court ruled that it is unconstitutional to stop the killing of those babies.

Most recently, the Justices have ruled that homosexuals have the constitutional right to practice sodomy. Writing for the majority was Justice Anthony Kennedy, whom I consider to be one of the most dangerous men in this country. Somebody ought to tell him he could be impeached.

[He then noted that some liberal Justices are allowing European and Canadian law to influence their rulings.]

The Court appears to be headed straight as an arrow for the sanction and supposed constitutionality of same-sex marriage. That is what will happen if we don't act to stop this out-of-control Court. What they are doing is wrong, and we must oppose it. It will destroy the family and bring down this nation if a family can consist of gay marriage or "group marriage." If marriage means everything, it ceases to mean anything. We must stop this movement in its tracks.

The best way to protect the family is with the passage of the Federal Marriage Amendment. Congress needs to give that message to the Court. Time is very short. I'm absolutely convinced of that. This country could very easily be like Canada is today, where pending legislation could one day make it illegal to ever preach the first chapter of Romans.

There was a time, when I was younger that it stung me to be called a "right winger." There was a time when I didn't want to take that heat. There was a time when I wanted to say what I needed to say, but then I tried to keep my head down. I've got to tell you. Those days are over.

[At this point, Dr. Dobson solicited the feedback of the audience. Each question was met with a resounding YES!]

Do you think it's time to limit the power of the oligarchy? Do you believe the redefinition of marriage will undermine and threaten its legal underpinnings? Are you fed up with the courts tampering with the schools and warping the minds of kids? Do you want kids to say the Pledge of Allegiance every day? Are you going to make these convictions known in the wider public square? Are you going to oppose any legal action taken against Judge Moore?

You may have to do it, because the judiciary believes they have him by the neck. I believe that God has another plan.

One of my great heroes is Winston Churchill. I have his memorabilia displayed all around my office in Colorado Springs. I have a big portrait of him in my office. I love what he said during Britain's very darkest hour, when it looked like there was no hope against the Nazis. He said, "We will never, never, never, never, never give up." And never will we! God bless you all.

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Can you feel the electricity of that day? I sincerely hope so. While this transcript is powerful, there's nothing like hearing it yourself. That's why we've made a CD of the entire speech available free of charge. All we ask is that, after listening to Dr. Dobson's presentation, you share the CD with others so they can listen, too. To request a copy of the CD, just call (800) A-FAMILY. We've also made the entire speech available online for those of you who prefer to read it.

Your financial support of Focus on the Family during this important time in our nation's history is appreciated. We know that this ministry is in God's hands and that He will provide for our needs, and as such we hesitate to ask for contributions directly. At the same time we believe these issues are of such a critical nature that we want to give you the opportunity to partner with us in upholding biblical values and working to keep our runaway courts in check. If you have met your financial obligations to your local church, and if you feel led to come alongside us (not only on this issue, but in the numerous outreach endeavors in which we are involved), we would love to hear from you. And even if you can't make a monetary donation at this time, please remember us in prayer and let us know if you are willing to help in other ways. Our vocal approach has brought an unprecedented degree of media attention—particularly to Dr. Dobson—and we need extra measures of wisdom, protection and clarity as we articulate our perspective in the months ahead. He has discussed these concerns on "Larry King Live," "Hannity & Colmes," "Weekend Live With Tony Snow," "ABC World News Tonight" and "Scarborough Country" in a period of three weeks. Will you join him in spreading the word? There is no time to lose.

Please tune in to our radio broadcast or visit www.family.org for ongoing updates on this struggle to defend the principles we hold so dear. May God bless you!

Sincerely,

Donald Paul Hodel
President and CEO

P.S. After reading this letter, you may be asking yourself, "But what can I do in the face of the judiciary's ongoing abuse of our freedoms?" That's an excellent question! Here are a few important steps you can take:

• Please familiarize yourself with this issue. A good place to start would be our special Web site, www.stopjudicialtyranny.com. Then talk to others in your circle of influence and find out what they believe and why.
• Support the passage of judiciary-limiting legislation. There are currently four critical pieces of legislation pending in Congress that would go a long way toward reining in the courts. For details, visit our Web site at www.citizenlink.org.
• Register to vote. Don't wait until the 2004 elections are upon you to take this vital step! If you feel it is important to support candidates who favor reining in the judiciary, make sure you register now so that you can make your voice heard at the ballot box next year.
• Consider taking part in radio and TV call-in programs.
• Volunteer to teach a Sunday school class in an effort to educate your fellow parishioners about this crisis.
• Contact your local officials and encourage them to support religious freedom.
• Put up lawn signs and distribute bumper stickers.
• Help to organize prayer meetings, marches or rallies in your area.
• Write letters to the editor of your local newspaper.
• Organize a debate in your community.

As you can see, the possibilities are endless! But please do something — the longer we remain silent on this issue, the more likely it becomes that judicial tyranny will continue unchecked.