Original Intent: The Courts, the Constitution, and Religion

Original Intent: The Courts, the Constitution, and Religion

by David Barton
Original Intent: The Courts, the Constitution, and Religion

Original Intent: The Courts, the Constitution, and Religion

by David Barton

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Overview

In their own words, the Supreme Court has become “a national theology board,” “a super board of education,” and amateur psychologists on a “psycho-journey.” The result has been a virtual rewriting of the liberties enumerated in the Constitution.

A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under:

• a “Lemon Test” absurdly requiring religious expression to be secular,
• an “Endorsement Test” pursuing an impossible neutrality between religion and secularism,
• and a “Psychological Coercion Test” allowing a single dissenter to silence an entire community’s religious expression.

Additional casualties of judicial activism have included protections for State’s rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts?

"Original Intent" answers these questions. By relying on thousands of primary sources, "Original Intent" documents (in the Founding Fathers’ own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality.

Product Details

ISBN-13: 9781932225853
Publisher: WallBuilder Press
Publication date: 09/06/2013
Sold by: Barnes & Noble
Format: eBook
Pages: 554
Sales rank: 411,053
File size: 4 MB

About the Author

David Barton is the founder of WallBuilders, an organization dedicated to presenting America's forgotten history and heroes, with an emphasis on our moral, religious, and constitutional heritage. David is author of numerous best-selling works and a national award-winning historian who brings a fresh perspective to history.

Table of Contents


Foreword 5 Editor's Notes 7 Acknowledgments 11
1 Religion and the Courts 13
2 Religion and the Constitution 27
3 The Misleading Metaphor 49
4 The Judicial Evidence 55
5 The Historical Evidence 81
6 The Religious Nature of the Founding Fathers 129
7 Safeguarding Original Intent 153
8 Rewriting Original Intent 157
9 Ignoring Original Intent 197
10 The Court's Selective Use of History 203
11 Establishing the American Philosophy of Government 219
12 A Changing Standard - Toward a New Constitution? 233
13 A Constitution in a State of Flux 239
14 Identifying the Spirit of the Constitution 247
15 Maintaining Constitutional Integrity 259
16 Revisionism: A Willing Accomplice 285
17 Religion and Morality: The Indispensable Supports 325
18 Returning to Original Intent 337 Appendix A The Declaration of Independence 357 Appendix B The Constitution of the United States 361 Appendix C Biographical Sketches of Select Individuals Referenced in Original Intent 379 Appendix D Endnotes 439 Appendix E List of Cases Cited 505 Appendix F Bibliography 513 Appendix G Index 535
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