In our nation's founding document, the Declaration of Independence, America acknowledges God as our creator, supreme lawgiver, supreme judge and protector. Fortunately, we haven't yet heard of a lawsuit asking a judge to rewrite the Declaration.
God is specifically acknowledged in state constitutions. Among the powers reserved to the states under the Tenth Amendment is surely the power for states write their own constitutions.
So how could a handful of activist judges in the last couple of years presume to ban the acknowledgment of God from documents, monuments, songs, expressions and practices that have been part of our culture throughout our history? The answer is that the federal courts, year by year, decision by decision, have been asserting judicial supremacy over the other branches of government, and Congress and the American people have been letting them get by with this unconstitutional power grab.
The federal courts have been systematically dismantling the architecture of our unique constitutional republic with its separation of powers. James Madison believed that the preservation of liberty depends on the separation of powers, and that "its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places."
The Constitution Restoration Act affirms the separation of powers by re-asserting the rule, which had been properly observed by federal courts for two centuries, that they have no jurisdiction to consider cases involving the acknowledgment of God. As late as 1952, Supreme Court Justice William O. Douglas declared: "We are a religious people whose institutions presuppose a Supreme Being." It is long past time for Congress to mandate that federal courts may not censor public acknowledgments of God, adding this to other "exceptions" and "regulations" to federal court jurisdiction.
This is the way the framers of our Constitution intended that Congress would, as Alexander Hamilton wrote, keep the judiciary as the "least powerful" branch of government and see to it that "judges should be bound down by strict rules and precedents, which serve to define and point out their duty."
The Constitution Restoration Act also orders federal courts not to rely on foreign laws, administrative rules or court decisions. Americans have been shocked to learn that five U.S. Supreme Court justices have cited foreign sources, even though it is self-evident that U.S. judges should be bound by the U.S. Constitution and U.S. laws, rather than foreign ones.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
TOWNHALL DAILY: Be the first to read Phyllis Schlafly‘s column. Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.