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Supreme Court — Part 12

114 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 112 pages OCR'd
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the moral order. Blackstone believed that "upon these two founda- tions, the law of nature and the law of revelation, depend all human jaws - that is to say, no human laws should be suffered to contradic these.” ; Another example of secularistic legal thinking is found in the decision of the Supreme Court in the so-called eleven Communist case prosecution under the Smith Act. Sacher v. U.S. 343 U.S, 1, az¢ Dennis v. U.S. 341 U.S. 494. These cases were appzals from the wwn¥iection by a Jury presided over by Judge Kedina in New York Federai Court. The Supreme Court suatained the convictions (unlike ats action in the 14 California Communist cases under the same Smith 4ct). Its upholdings of these decisions of the lower court was just: fied. However, the late Chief Justice Vinson, in announcing the de- cision of the majority »2f the court, had this to say, "Nothing is mo: certain than that there are no absolute concepts; that all concepts are relative." This is6 nothing but secularism, for it attacks and rejects the philosophical and religious foundation of our system of KOvernment, which is plainly stated in the preamble of the Declaratic cf Independence. It is inconsistent with the thoughts and beliefs of cur founding fathers, who expressed their faith with deliberation anc deep religious feeling when they wrote in the preamble of the Declara tion of Independence, "We hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator | with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, government are instituted among men, deriving their just powers from the consent of the governed.” These are all absolute concepts. Eut to hold, as the late Chief Justice has stated, in the eleven Communist case, that there are ‘no absolute concepts, would be tantamount to declaring, that the concept of God is relative, that the concept of Truth ts relative. It is nothing different than a restatement of the secular- istic doctrine which proclaims that "Truth is the majority vote of that nation which cap lick all the rest." It is the totalitarian doc trine that might makes right. It is nothing short of a return to the pagan concept of government which is wrecking the lives of so many millions behind the Iron ato Bamboo curtains today. The Chief Juetice's opinion with such sweeping philosophic assertions, was approved by Justices Reed, Burton and Minton. Justic: Frankfurter and the late Justice Jackson concurred in separate opin- fons. Justices Black and Douglas dissented. Justice Clark took no part in tho aaen
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