“God save the United States and this Honorable Court.” –Proclamation opening every Supreme Court proceeding
Our Founders expected judges to be constitutional constructionists, and thus, thought they should be above the whims of democratic elections, which would, effectively politicize the courts. But once the first judges began “interpreting” the constitution such that it comported with their political agenda, the courts became politicized in that elected officials were then chosen on who the would appoint to the courts knowing those appointments would reflect that persons political views.
“The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defence of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day.” –Joseph Story, appointed to the Supreme Court by the “Father of the Constitution,” James Madison
“[T]he plan of the [Constitutional] convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States.” –Alexander Hamilton in Federalist No. 32. He adds in Federalist No. 81, “[T]here is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.”
James Madison in Federalist Paper No. 45, wrote: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce. … The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State.” – (See Article I, Section 8 of the Constitution)
James Wilson, one of only six Founders who signed both the Declaration of Independence and the Constitution, appointed by George Washington to the Supreme Court, wrote: “It should always be remembered, that this law, natural or revealed, flows from the same divine source; it is the law of God…. Human law must rest its authority, ultimately, upon the authority of that law, which is divine.”
Concerning the potential tyranny of the “despotic branch,” Thomas Jefferson warned: “Over the Judiciary department, the Constitution [has] deprived [the people] of their control. … The original error [was in] establishing a judiciary independent of the nation, and which, from the citadel of the law, can turn its guns on those they were meant to defend, and control and fashion their proceedings to its own will. … The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch. … The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. … It is a misnomer to call a government republican in which a branch of the supreme power [the judiciary] is independent of the nation. … It has long, however, been my opinion, and I have never shrunk from its expression…that the germ of dissolution of our federal government is in the constitution of the federal Judiciary; working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.”
20th Century observations of note:
“A judicial activist is a judge who interprets the Constitution to mean what it would have said if he, instead of the Founding Fathers, had written it.” –Sen. Sam Ervin “The wall of separation between church and state is a metaphor based upon bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned. … The greatest injury of the ‘wall’ notion is its mischievous diversion of judges from the actual intention of the drafters of the Bill of Rights.” –Supreme Court Chief Justice William Rehnquist “As long as judges tinker with the Constitution to ‘do what the people want,’ instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.” –Justice Antonin Scalia
Alabama 1901, Preamble.
“We the people of the State of Alabama, invoking the favor and guidance of
Almighty God, do ordain and establish the following Constitution…”
Alaska 1956, Preamble.
“We, the people of Alaska, grateful to God and to those who founded our
nation and pioneered this great land…”
Arizona 1911, Preamble.
“We, the people of the State of Arizona, grateful to Almighty God for our
liberties, do ordain this Constitution…”
Arkansas 1874, Preamble.
“We, the people of the State of Arkansas, grateful to Almighty God for the
privilege of choosing our own form of government…”
California 1879, Preamble.
“We, the People of the State of California, grateful to Almighty God for our
freedom…”
Colorado 1876, Preamble.
“We, the people of Colorado, with profound reverence for the Supreme Ruler
of Universe…”
Connecticut 1818, Preamble.
“The People of Connecticut, acknowledging with gratitude the good Providence
of God in permitting them to enjoy…”
Delaware 1897, Preamble.
“Through Divine Goodness all men have, by nature, the rights of worshipping
and serving their Creator according to the dictates of their consciences…”
Florida 1885, Preamble.
“We, the people of the State of Florida, grateful to Almighty God for our
constitutional liberty… establish this Constitution…”
Georgia 1777, Preamble.
“We, the people of Georgia, relying upon protection and guidance of Almighty
God, do ordain and establish this Constitution…”
Hawaii 1959, Preamble.
“We, the people of Hawaii, Grateful for Divine Guidance establish this
Constitution…”
Idaho 1889, Preamble.
“We, the people of the State of Idaho, grateful to Almighty God for our
freedom, to secure its blessings…”
Illinois 1870, Preamble.
“We, the people of the State of Illinois, grateful to Almighty God for the
civil, political and religious liberty which He hath so long permitted us to
enjoy and looking to Him for a blessing on our endeavors…”
Indiana 1851, Preamble.
“We, the People of the State of Indiana, grateful to Almighty God for the
free exercise of the right to chose our form of government…”
Iowa 1857, Preamble.
“We, the People of the State of Iowa, grateful to the Supreme Being for the
blessings hitherto enjoyed, and feeling our dependence on Him for a
continuation of these blessings establish this Constitution…”
Kansas 1859, Preamble.
“We, the people of Kansas, grateful to Almighty God for our civil and
religious privileges establish this Constitution…”
Kentucky 1891, Preamble.
“We, the people of the Commonwealth of Kentucky are grateful to Almighty God
for the civil, political and religious liberties…”
Louisiana 1921, Preamble.
“We, the people of the State of Louisiana, grateful to Almighty God for the
civil, political and religious liberties we enjoy…”
Maine 1820, Preamble.
“We the People of Maine… acknowledging with grateful hearts the goodness
of the Sovereign Ruler of the Universe in affording us an opportunity… and
imploring His aid and direction…”
Maryland 1776, Preamble.
“We, the people of the state of Maryland, grateful to Almighty God for our
civil and religious liberty…”
Massachusetts 1780, Preamble.
“We…the people of Massachusetts, acknowledging with grateful hearts, the
goodness of the Great Legislator of the Universe… in the course of His
Providence, an opportunity… and devoutly imploring His direction…”
Michigan 1908, Preamble.
“We, the people of the State of Michigan, grateful to Almighty God for the
blessings of freedom… establish this Constitution…”
Minnesota, 1857, Preamble.
“We, the people of the State of Minnesota, grateful to God for our civil and
religious liberty, and desiring to perpetuate its blessings…”
Mississippi 1890, Preamble.
“We, the people of Mississippi in convention assembled, grateful to Almighty
God, and invoking His blessing on our work…”
Missouri 1845, Preamble.
“We, the people of Missouri, with profound reverence for the Supreme Ruler
of the Universe, and grateful for His goodness establish this
Constitution…”
Montana 1889, Preamble.
“We, the people of Montana, grateful to Almighty God for the blessings of
liberty establish this Constitution…”
Nebraska 1875, Preamble.
“We, the people, grateful to Almighty God for our freedom establish this
Constitution…”
Nevada 1864, Preamble.
“We the people of the State of Nevada, grateful to Almighty God for our
freedom… establish this Constitution…”
New Hampshire 1792, Part I. Art. I. Sec. V. “Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience…”
New Jersey 1844, Preamble.
“We, the people of the State of New Jersey, grateful to Almighty God for
civil and religious liberty which He hath so long permitted us to enjoy, and
looking to Him for a blessing on our endeavors…”
New Mexico 1911, Preamble.
“We, the People of New Mexico, grateful to Almighty God for the blessings of
liberty…”
New York 1846, Preamble.
“We, the people of the State of New York, grateful to Almighty God for our
freedom, in order to secure its blessings…”
North Carolina 1868, Preamble.
“We the people of the State of North Carolina, grateful to Almighty God, the
Sovereign Ruler of Nations, for our civil, political, and religious
liberties, and acknowledging our dependence upon Him for the continuance of
those…”
North Dakota 1889, Preamble.
“We, the people of North Dakota, grateful to Almighty God for the blessings
of civil and religious liberty, do ordain…”
Ohio 1852, Preamble.
“We the people of the state of Ohio, grateful to Almighty God for our
freedom, to secure its blessings and to promote our common…”
Oklahoma 1907, Preamble.
“Invoking the guidance of Almighty God, in order to secure and perpetuate
the blessings of liberty… establish this…”
Oregon 1857, Bill of Rights, Article I. Section 2. “All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their consciences…”
Pennsylvania 1776, Preamble.
“We, the people of Pennsylvania, grateful to Almighty God for the blessings
of civil and religious liberty, and humbly invoking His guidance…”
Rhode Island 1842, Preamble.
“We the People of the State of Rhode Island grateful to Almighty God for the
civil and religious liberty which He hath so long permitted us to enjoy, and
looking to Him for a blessing…”
South Carolina, 1778, Preamble.
“We, the people of the State of South Carolina grateful to God for our
liberties, do ordain and establish this Constitution…”
South Dakota 1889, Preamble.
“We, the people of South Dakota, grateful to Almighty God for our civil and
religious liberties… establish this…”
Tennessee 1796, Art. XI.III. “That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their conscience… ”
Texas 1845, Preamble.
“We the People of the Republic of Texas, acknowledging, with gratitude, the
grace and beneficence of God…”
Utah 1896, Preamble.
“Grateful to Almighty God for life and liberty, we establish this
Constitution…”
Vermont 1777, Preamble.
“Whereas all government ought to… enable the individuals who compose it to
enjoy their natural rights, and other blessings which the Author of
Existence has bestowed on man…”
Virginia 1776, Bill of Rights, XVI. “Religion, or the Duty which we owe our Creator can be directed only by Reason… and that it is the mutual duty of all to practice Christian Forbearance, Love and Charity towards each other…”
Washington 1889, Preamble.
“We the People of the State of Washington, grateful to the Supreme Ruler of
the Universe for our liberties, do ordain this Constitution…”
West Virginia 1872, Preamble.
“Since through Divine Providence we enjoy the blessings of civil, political
and religious liberty, we, the people of West Virginia .. reaffirm our faith
in and constant reliance upon God…”
Wisconsin 1848, Preamble.
“We, the people of Wisconsin, grateful to Almighty God for our freedom,
domestic tranquility…”
Wyoming 1890, Preamble.
“We, the people of the State of Wyoming, grateful to God for our civil,
political, and religious liberties… establish this Constitution…”
