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Supreme Court — Part 12
Page 60
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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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