Complaints Department

I grow weary of folks accusing the various courts throughout the land — and particularly the U.S. Supreme Court — of "legislating from the bench". These, of course, are usually the same folks who vote to elect presidents partially on the basis of who they might appoint to these various courts.

Why do I grow weary? Because Article 5 of the U.S. Constitution itself provides an effective method for clearing up any doubt on any issue and, in fact, for completely changing the Constitution itself on any issue:
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
The process has, indeed, been used to make both wise and unwise changes (18th Amendment) and to repeal unwise changes (21st Amendment). Nothing need be forever. So, if 75% of Americans think we should allow prayer in public schools or not allow abortions on demand, then let them have their legislators pass an amendment to the Constitution. That, or shut up about it and quit ruining my day.

When asked the question "Did you, yourself, happen to attend church or synagogue in the last seven days, or not?" only about 40% of Americans reply in the affirmative. Trouble is that about half of those in the affirmative were not telling the truth about their church attendance. Based on numbers of who truly went to church (by actual head count in churches) and who said they went to church (by polling members of those same churches), the real number is only about 25%. Now, since it is unlikely that this religious minority of 25% could get another 50% of their fellow citizens to support their special interest amendments, they resort to the formation of political action groups (the badly misnamed Moral Majority comes to mind) in an attempt to influence the legislative, executive and judicial branches of government to promote their minority interests. And, of course, complain that the courts do not bend the laws of the land to suit their religious interests.

And, unless one gets the mistaken impression that our Founding Fathers were a bunch of religious zealots, it should be noted that most were not. Far from it. George Washington, for example, attended church an average of six times a year throughout his adult life. While he was a vestryman in his home parish (the vestry controlled the business side of the church and, as the largest landowner in the parish, he had a keen interest in that), Washington was never a full member of the Church of England (the state church prior to the founding of the United States of America) and was never known to take communion.

I'll leave Thomas Jefferson and Ben Franklin for you to research.

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