Our First Amendment’s Betrayal



By Richard A. Nixon

In 1791, two years subsequent to the ratification of the Constitution in the main, the first Ten Amendments, aka, the Bill of Rights was ratified. Its purpose was to make clear that notwithstanding the creation of the federal government in 1789, its authority was defined and limited. The 10th Amendment  makes this abundantly clear. It states, ” The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

More specifically, the First Amendment states, “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Adherence to the text and history of these two amendments, forces the conclusion that to the extent that Congress enacts a law, any law, contrary to these clear commands, Congress is acting in violation of the U.S. Constitution.

It is noteworthy and critical that the First Amendment expressly limits Congress only. It places no limitations on the states. Period.

However, in 1947, in Everson v. Board of Education, a New Jersey case, the Supreme Court held that there existed a wall of separation between church and state and that such wall was to be high and impregnable.

In Engle v. Vitale, 1962, the Supreme Court outlawed prayer in public schools.

In Abington v. Schemepp, 1963, the Court outlawed bible reading in the public school system.

In 1967 the Court outlawed a nursery rhyme which did not mention the word, God. The Court held that even though the word God was not contained in the nursery rhyme, if someone were to hear it, it might cause them to think of God and it is therefore unconstitutional.

And in 1980, in Stone v. Graham, the Court held that the posting of the Ten Commandments in our public schools was illegal. The Court held that “If the posted copies of the Ten Commandments are to have any effect at all it will be to induce the school children to read them, and if they read them they may meditate upon them and perhaps venerate and obey them. This is not a permissible objective.”

Since the Constitution clearly forbade Congress to enact laws re the First Amendment, the Supreme Court took it upon itself to outlaw states’ laws with which it disagreed. This was done by the Supreme Court’s declaring, without authority, that the Bill of Rights, or some portion thereof, was applicable to the states.

This sleight of hand was effected by going back to 1868 and redefining the 14th Amendment Due Process Clause. This clause states, “…nor shall any state deprive any person of life, liberty, or property, without due process of law…” Due process, which was intended to mean, notice and an opportunity to be heard, was magically transformed into a conduit for the Supreme Court’s exclusive use to apply the Bill of Rights to the states at their leisure, when and if they so desired.

So the Supreme Court did what Congress could not…they controlled the states and their people…us.

Hence, what started off to be a Declaration of Freedom from the newly-minted federal government, became and has become, a government controlled by nine unelected lawyers in robes. We now have neither a democracy nor a republic as the framers intended. We now have an oligarchy intended by no one.

George Mason, in 1788, in a speech to the Virginia Ratifying Convention, in opposition to ratification of the proposed Constitution,stated:

“…The power [of the federal government] is calculated to annihilate totally the state governments. Will the people of this great community submit to …two different and distinct powers? Will they suffer themselves to be doubly harassed? These two concurrent powers cannot exist long together; the one will destroy the other: the general government being paramount to and in every respect more powerful than the state governments, the latter must give.”

Without question, George Mason was prescient. What he warned of has come to pass. The states and their individual peoples can do only what Big Brother Supreme Court permits…Our First Amendment has been betrayed.

Richard A. Nixon, Esq. and Author of America-An Illusion of Freedom (Amazon.com)  Find Mr. Nixon on Facebook.

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Naomi Fisher