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By David Brownlow
July 3, 2003

Based on the events of last week, it may be time for the brilliant minds from the Ninth Circuit Court of Appeals to revisit the pledge of allegiance issue.

You remember those guys. They are the ones that found Constitutional problems with the phrase "under God," in our pledge of allegiance and threatened to pull the words out. Of course, there was an outrage from almost every segment of our society when they tried to remove the words. And rightly so.

However, we may owe the Ninth Circuit Court an apology because it appears they could have been onto something. They were only off by a few words in their quest to change the pledge of allegiance. And we may need to get the boys from the Ninth back in the pledge changing game very soon.

Last week the Supreme Court (once again) discovered a brand new Constitutional right where none had existed before. It is a Constitutional right that our founders seemed to have forgotten to clearly enumerate and it is a right that was missed by every court for the last 226 years. It now turns out that hidden there all along, was a Constitutional right to sodomy. And all it took was six, un-elected members of the Supreme Court to figure it out.

You have to ask yourself, "What is it with those people on the Supreme Court?" Can't they even read the Constitution they are supposed to be defending? How long are we going to allow things to go on like this?

The reality is, we have no one to blame but ourselves. Our inaction has allowed the courts to make the other two branches of our government, as well as the states, completely irrelevant. Our further inaction will only solidify this usurpation of power by the courts.

In the Lawrence v. Texas decision, the Supreme Court found a previously hidden Constitutional right that protects deviant and dangerous sexual behavior. This is not just any new right, this is a huge one - and homosexual perverts are not the only ones protected.

The logic of the decision is going to offer federal protection to every type of perversion a sick mind could conjure up. I do not want to get into the gory details, but if the bedroom is a place where anything goes, then we are in for a heap of trouble. All I can say is, know where your children are, because the sickos are going to be after them next.

It is disgusting to consider what the Court has determined to be protected behavior. But this decision is merely a head fake. It was a terrible decision for sure, but do not let it distract us from the real story, because� This Supreme Court decision was a full frontal attack by the Court against the very premise for our government.

Nowhere in the Constitution does the Supreme Court derive the power to make federal laws like they did in Lawrence. Congress has the exclusive power to make laws.

We are a Republic, not a Dictatorship! And if we do not fight back on this one, we are admitting defeat in the culture war that is tearing up the very fabric of our nation. It is a culture war that has already claimed 42,000,000 lives. It is a culture war that has kicked God out of every conceivable public place.

And it is a culture war the Supreme Court has most surely taken sides on.

"The court has largely signed on to the so-called homosexual agenda," Scalia wrote for the three dissenting judges. "The court has taken sides in the culture war"

There is an answer to this problem of an out of control court system. But this is going to be an interesting battle, because the way to reign in this rogue court uses the very same Constitution that the Supreme Court says no longer exists. This is going to be a tough fight for sure, but it is a fight we dare not back down from.

The Constitution has the answer we need,

"In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." Article 3, Section 2, US Constitution.

Article 3 offers a defense against attacks like the one unleashed by the Supreme Court last week. In a brilliant stroke of foresight, our founders included Article 3 in the Constitution to specifically safeguard our Republic from a dangerous court like the one seated today (and the ones seated for many years!).

It is now up to the Congress to perform it's sworn duty to defend the Constitution by overturning Lawrence v. Texas, since this was clearly not an appellate decision, but an attempt to create new law. And it is entirely within the legal powers of Congress to overturn illegal court decisions.

And while they are at it, it is high time for the Congress to get their collective heads out of their rear ends and obey the rest of the Constitution. The Congress needs to move immediately to kick every member off the court that launched this attack on our very way of life.

"The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour." Article 3, Section 1

It is most definitely bad behavior to try to write illegal laws and these people need be impeached and removed from the bench. Otherwise, we can kiss what little we have left of our Constitution goodbye.

If the Congress allows this illegal decision to stand, then we are in for some real trouble. Because the correct term for a government where six un-elected judges can determine the fate of a nation, is an Oligarchy.

The intense battles we have seen over court appointments only have meaning if we allow the courts to be a "super legislative" body that has the authority to do anything they want. The usurpation of power by the courts has gone on long enough. But the Congress will never act unless there is a demand from the people that they do the job we hired them to do, and protect us from these illegal court decisions.

If this decision is allowed to stand, our Republic is all but dead. And we really will need to get the Ninth Circuit Court back in the pledge of allegiance changing business, because one of the words of the pledge needs to be changed�

"And to the Republic for which it stood."

� 2003 David Brownlow - All Rights Reserved

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David Brownlow
Constitution Party Candidate for U.S. Congress, District 3, Oregon
 E-Mail: [email protected]








"The reality is, we have no one to blame but ourselves. Our inaction has allowed the courts to make the other two branches of our government, as well as the states, completely irrelevant. Our further inaction will only solidify this usurpation of power by the courts."