Bork shows how "virulent judicial activism" has overturned constitutional law in many areas. For example, "the suffocating vulgarity of popular culture is in large measure the work of the Court," because it repeatedly defeated the people's attempts to contain and minimize it.
The core value of the First Amendment's speech clause is the protection of political speech and, as late as 1942, a unanimous Supreme Court ruled that prohibiting the obscene, the profane, and insulting words was never thought to raise any constitutional problem because those are not political speech. But now the Supreme Court limits political speech in campaigns, while using the First Amendment to elevate pornography and other assaults on decency.
Activist judges are so thoroughly secularized that "they not only reject personal belief but maintain an active hostility to religion and religious institutions." The Supreme Court "has almost succeeded in establishing a new religion: secular humanism."
Bork agrees with Supreme Court Chief Justice William H. Rehnquist that the high court "bristles with hostility to all things religious in public life." Under recent First Amendment decisions, nude dancing before football games would be a more acceptable form of expression than prayer.
Bork ridicules the pompous talk we hear about international law, which he says is "not law but politics." His critique of the International Criminal Court as "the latest international outrage" confirms President Bush's wise decision to "unsign" the International Criminal Court treaty, which Clinton signed on his last New Year's Eve in the White House.
Bork criticizes the citing of foreign sources by seven Supreme Court justices to justify their unconstitutional decisions. Justice Sandra Day O'Connor, who has succumbed to what Bork calls "the insidious appeal of internationalism," predicts that "we will rely increasingly on international and foreign courts in examining domestic issues."
Bork describes the United Nations as not only useless but, "in fact, almost entirely detrimental to the interests of the United States." How can we possibly respect the authority of "an organization that routinely paints Israel as a fascistic, if not genocidal, aggressor in the Middle East, the United States as a ravening imperialistic power, and whose Human Rights Commission elected Libya as its head (by a vote of 33 to 3, with 17 abstentions)?"
Bork says the activist judges see their mission, not as upholding our Constitution, but as redefining it to coerce new behaviors on what they consider "a barbarian majority motivated by bigotry, racism, sexism, xenophobia, irrational sexual morality, and the like." It's time for the American people to notify their representatives in Congress that it is their mission to restore self-government under the U.S. Constitution and save self-government from the rule of judges.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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