At the oral argument before the Supreme Court in the 2004 Pledge of Allegiance case, when plaintiff Michael Newdow was trying to get the Court to remove the words "under God," Souter came up with the novel argument that "under God" doesn't really mean under God. He suggested that the phrase is so "diluted" that it should be "beneath the constitutional radar."
Under the radar is exactly where the secularists want to conceal all mention of God and religion.
Confirmation hearings should ascertain how much Souter's successor will rely on foreign law. This has become a live issue because of recent remarks by Justice Ruth Bader Ginsburg.
For example, does Obama's nominee agree with Souter, who joined in the Roper v. Simmons (2005) decision, in which the Court cited foreign laws, "international opinion" and even an unratified treaty to rationalize overturning the death penalty for a 17-year-old who had committed a particularly brutal and premeditated murder? This decision overturned more than 200 years of U.S. law and history, rewrote the Eighth Amendment and knocked out the laws of 20 states.
Since Obama calls himself a "citizen of the world," he may agree with incorporating foreign law into Supreme Court decisions. He chose a committed globalist as his State Department legal adviser, former Yale Law School Dean Harold Koh.
Koh calls himself a transnationalist, which means believing that the "living" Constitution allows us to import the fiction of what is called international law into U.S. law, thereby putting the United States under a global legal system. The Senate should require all judicial nominees to proclaim their adherence to the U.S. Constitution as written reject the use of any foreign laws.
We would also like to know if Obama's Supreme Court nominee is cut from the same cloth as his first judicial nomination, David F. Hamilton. He's a former fundraiser for ACORN and a former leader of the Indiana chapter of the ACLU.
Hamilton made national news in 2005 when, as district judge, he enjoined the speaker of Indiana's House of Representatives from permitting "sectarian" prayers. In Hamilton's ruling, using "Christ's name or title" is "sectarian," but it is not sectarian for a Muslim imam to offer a prayer to "Allah."
The Seventh Circuit overturned Hamilton's peculiar parsing of the liberal dogma of separation of church and state. However, in seeking to elevate him to the Seventh Circuit Court of Appeals, White House officials praised Hamilton as a judge who has shown "empathy with real people."
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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