◆ SpookStack

‘tpect than the decision of th’ ~p fic case itself, Wr, Justice Frankfurter has said: “The waters of the law are unwontedly alive. New winds are blowing on old doctrines. The critical spirit infil. trates traditional formulas; philosophic inquiry is pursued with apology as it becomes clearer that decisions are functions of some juristic philesophy." ~ Frankfurter, the Barly Writings of 6. ¥. Holmes, Jr. (1931), 44 Harvard Law Review, 717. Is it a coinciden with this view that a former Chief Justice definitely impliod the fame view when he asserted that the “weaning of the Constitution 1: what the men of the Fupreme Court decide." That there has been widespread materialistic and secul: . istic thinking and action in all phases of our social, economic, ar educational life cannot be denied. Only the naive can fail to per- ceive this trend, for it touches all our activity; it has penetrat: our courts, and saturated many decisions, which have evoked wide- spread criticism from all classes of our population. The secularistic trend of legal cpinions of our highest court has increased and begins with the case of McCollum v. Board of Education, 333 U.5. 203 (1948) in which the Court held invalid statute, the effect of which was to aid religious groups, Catholic, Protestant and Jewish, by permitting the use of public school fa- cilities for religious instruction. This case popularly referred : &8 the McCollum atheist case arrayed the whole influence of our ta: supported system of public education on the side of the godless. 1} approved the cardinal tenet of secularism by banishing all religior from our systems of public education. The effect of this decision upon the minds of the Americ: people who understood its implications and who feared its effects, evoked much criticism by intelligent men of 211 religious beliefs. Dean Weigle, formerly of the Yale Divinity School called it "a mischievous decision." The American Bar Association Journal ex- pressed outspoken disagreement with it. The Catholic press has pointed out the un-American secularistic implications of the de- cision. Thie trend ia the culmination of secularistic thinking and the exclusion of God and religion from our life, and is result ing in & progressive impairment of our traditional American philo- sopby of law and its religious foundation, the principles of the Natural Law, so painstakingly and clearly set forth in the preamb}. of our Declaration of Independence. It is a radical departure fror the Blackstonian fundamentals, that the jurisdical order rests on i