Welcome to the Liberty Insider. 00:00:22.19\00:00:24.01 This is the program that brings you up to date 00:00:24.02\00:00:26.26 discussion of religious liberty news and views. 00:00:26.27\00:00:29.41 My name is Lincoln Steed, Editor of Liberty Magazine. 00:00:29.42\00:00:32.74 And with me today is Melissa Reid, 00:00:32.75\00:00:35.82 Assistant Editor and Marketing Director 00:00:35.83\00:00:38.33 for Liberty Magazine. 00:00:38.34\00:00:39.63 Hi Lincoln, thanks for having me. 00:00:39.64\00:00:40.97 Yeah, good for you to be back on the program. 00:00:40.98\00:00:43.13 I hope you're a regular from time to time. 00:00:43.14\00:00:45.80 I'd like to talk for a while with you about something 00:00:45.81\00:00:49.13 that's part of the narrative for the last few months, 00:00:49.14\00:00:51.58 and sure to continue into the foreseeable future. 00:00:51.59\00:00:55.22 The story of judicial nominations, 00:00:55.23\00:00:58.71 but the ongoing story of judicial shifts 00:00:58.72\00:01:01.09 and how the Supreme Court in particular plays 00:01:01.10\00:01:04.32 a role in religious freedom and changing often. 00:01:04.33\00:01:07.71 Yeah. Social norms. 00:01:07.72\00:01:09.39 Well it's a hot topic right now 00:01:09.40\00:01:11.19 that's for sure. 00:01:11.20\00:01:12.70 We've had kind of a balance, I guess that you would say, 00:01:12.71\00:01:16.09 for the past few years between the typically liberal 00:01:16.10\00:01:20.37 or conservative justices. 00:01:20.38\00:01:22.10 We think that might change now with some of our, 00:01:22.11\00:01:24.19 with the new additions. 00:01:24.20\00:01:25.17 Well, one thing that is worth mentioning, 00:01:25.18\00:01:26.73 and I'm not the only one to comment on it, 00:01:26.74\00:01:29.06 it escapes a lot of people. 00:01:29.07\00:01:30.60 We're really not talking about classic divide 00:01:30.61\00:01:34.04 between liberal and conservative. 00:01:34.05\00:01:35.82 Because the classic political conservatism 00:01:35.83\00:01:39.85 is something different all together 00:01:39.86\00:01:41.36 from the moralistic religious conservatism. 00:01:41.37\00:01:44.83 And so there is a clear shift within the conservative side. 00:01:44.84\00:01:48.96 Right, has some point of division. 00:01:48.97\00:01:49.94 And also the liberalism clearly has been somewhat 00:01:49.95\00:01:53.70 hijacked or at least used by many with a, 00:01:53.71\00:01:57.67 an extremely secular mindset 00:01:57.68\00:02:00.24 that often is antagonistic to religion. 00:02:00.25\00:02:02.23 So in someway this four main elements playing out here. 00:02:02.24\00:02:06.35 But it amused me a little as you look at the Supreme Court 00:02:06.36\00:02:08.58 you mentioned we've had a balance of luck. 00:02:08.59\00:02:10.65 But even until this recent due of changes, 00:02:10.66\00:02:15.47 the Supreme Court was mostly 00:02:15.48\00:02:16.95 made up of conservative appointees. Okay-- 00:02:16.96\00:02:19.58 That seems to have escaped most people. 00:02:19.59\00:02:22.76 Which also tells me that it's not quite true 00:02:22.77\00:02:26.65 of the activists and all that those 00:02:26.66\00:02:29.11 that are cheering on the fraction, 00:02:29.12\00:02:30.58 and some of these appointments presume 00:02:30.59\00:02:32.32 that just because you put someone on the Supreme Court 00:02:32.33\00:02:35.17 certainly and most of these judicial appointments 00:02:35.18\00:02:37.51 doesn't mean that they you've bought a person 00:02:37.52\00:02:40.80 that they're gonna reflex leave it the way you want it, 00:02:40.81\00:02:43.11 or judge the way you want. 00:02:43.12\00:02:44.88 Right, which I think is actually a good aspect 00:02:44.89\00:02:47.54 It's a sign of the adjurin strength of the system. 00:02:47.55\00:02:50.70 The framers of the constitution 00:02:50.71\00:02:52.81 and the founders of this republic setup. Right. 00:02:52.82\00:02:55.61 I do have a fear in this claimer, 00:02:55.62\00:02:58.71 which has a strong religious faction 00:02:58.72\00:03:01.01 with a religious agenda. 00:03:01.02\00:03:02.83 Within this faction and the loud talk, 00:03:02.84\00:03:05.16 now on both sides that they can get the packages 00:03:05.17\00:03:07.64 get their person in. 00:03:07.65\00:03:08.91 Then there we found that is basically corrosive to 00:03:08.92\00:03:11.51 the idea of a democracy and a judicial impartiality. 00:03:11.52\00:03:16.40 But as we can see with a couple of very interesting 00:03:16.41\00:03:20.34 present members of the Supreme Court 00:03:20.35\00:03:22.37 Justices Scalia and Thomas, 00:03:22.38\00:03:24.47 there are some good arguments 00:03:24.48\00:03:25.52 that these people have quite an agenda, 00:03:25.53\00:03:28.83 that maybe is apart from the case 00:03:28.84\00:03:30.95 that come before them. 00:03:30.96\00:03:31.93 They have an agenda ready to apply 00:03:31.94\00:03:34.48 rather than they look at it dispassionately, 00:03:34.49\00:03:37.16 certainly with individual bias 00:03:37.17\00:03:38.60 but still is a legal mind. Right. 00:03:38.61\00:03:41.34 Well maybe you could tell us little bit about 00:03:41.35\00:03:43.87 what's been happening with the court recent, 00:03:43.88\00:03:45.59 you know, some recent decisions 00:03:45.60\00:03:46.75 that you felt was significant or-- 00:03:46.76\00:03:48.44 We've got a new Supreme Court Chief Justice 00:03:48.45\00:03:49.66 Roberts, who I think surprised almost 00:03:49.67\00:03:52.49 everybody who was expecting a nuclear option 00:03:52.50\00:03:55.13 and a war for the fact of the finish 00:03:55.14\00:03:59.69 on this appointment. 00:03:59.70\00:04:02.77 Most people and especially if they only read the newspapers 00:04:02.78\00:04:05.38 and watched the regular media thought it was a false alarm 00:04:05.39\00:04:09.16 that he was no danger 00:04:09.17\00:04:10.92 and seem reassuringly candid to them. 00:04:10.93\00:04:13.86 Well, maybe not to some of the senators. 00:04:13.87\00:04:16.10 He certainly seems like the middle American boy 00:04:16.11\00:04:18.09 with a good smile, the perfect family. 00:04:18.10\00:04:21.11 And I wouldn't presume to say 00:04:21.12\00:04:22.88 that he himself is anything but that. 00:04:22.89\00:04:25.27 But as a judicial mind and someone that may 00:04:25.28\00:04:29.84 or may not have an agenda, 00:04:29.85\00:04:30.89 there's reasons to maybe worry 00:04:30.90\00:04:34.60 and there is plenty of reason to presume 00:04:34.61\00:04:36.86 that he shares a developing 00:04:36.87\00:04:39.65 conservative judicial mindset. 00:04:39.66\00:04:42.02 That along the way could be problematic to some things 00:04:42.03\00:04:45.76 but almost certainly to the constitutional 00:04:45.77\00:04:49.92 mandated and traditionalist view 00:04:49.93\00:04:52.09 of separation of Church and State. 00:04:52.10\00:04:55.96 As well as that he was very well known, 00:04:55.97\00:04:58.88 very upfront but he was enough upfront 00:04:58.89\00:05:01.38 for a people to deduce that 00:05:01.39\00:05:02.67 he has some rather problematic, 00:05:02.68\00:05:06.15 from my point of view, 00:05:06.16\00:05:07.32 views on the authority of the executive branch. 00:05:07.33\00:05:11.39 Clearly, views that wouldn't have passed 00:05:11.40\00:05:13.82 last 100 or so years ago. 00:05:13.83\00:05:16.19 We're in a, now a phase where the executive is 00:05:16.20\00:05:19.97 utilizing powers that were there, 00:05:19.98\00:05:21.64 that have never been utilized quite their way. 00:05:21.65\00:05:23.46 And like now Attorney General Gonzales in his hearings, 00:05:23.47\00:05:29.08 maybe I've got to say Gonzales in his hearings 00:05:29.09\00:05:31.94 made a quite plan that he believed 00:05:31.95\00:05:33.97 the any president not just this one. 00:05:33.98\00:05:35.96 But any president is above the laws of Congress, 00:05:35.97\00:05:38.60 I mean that's an incredible assertion from someone 00:05:38.61\00:05:41.89 as Gonzales, you know, 00:05:41.90\00:05:45.02 with he's on a track to the Supreme Court 00:05:45.03\00:05:48.25 certainly he's Attorney General already. 00:05:48.26\00:05:50.43 As top law enforcement officer in the country. 00:05:50.44\00:05:52.44 And to believe that about the executive power, 00:05:52.45\00:05:54.67 that's problematic. Right. 00:05:54.68\00:05:57.78 So what sort of trends do you see as far as 00:05:57.79\00:06:01.06 the conservative 00:06:01.07\00:06:02.20 or the liberal sides of the bench? 00:06:02.21\00:06:04.79 Where do you see us going? 00:06:04.80\00:06:06.96 And that's probably the best way to look at it, 00:06:06.97\00:06:09.58 you know, we know that George Bush has 00:06:09.59\00:06:12.72 put up a woman for the replacement 00:06:12.73\00:06:14.33 of Sandra Day O'Connor and we were already quite 00:06:14.34\00:06:17.23 comfortable with the chief justice now. 00:06:17.24\00:06:22.06 But there is no question that in recent years 00:06:22.07\00:06:25.87 the so called conservative judiciary 00:06:25.88\00:06:28.30 have more of an agenda which intersects 00:06:28.31\00:06:30.21 nicely with the religious right, 00:06:30.22\00:06:31.57 and that's what they're backing it. 00:06:31.58\00:06:32.91 And the liberal, more liberal judges 00:06:32.92\00:06:35.49 they have an agenda too. 00:06:35.50\00:06:37.18 Maybe I should tackle the liberal ones first, 00:06:37.19\00:06:39.82 there's been charges made 00:06:39.83\00:06:41.64 and I've heard them first hand 00:06:41.65\00:06:43.49 from Antonin Scalia that his more liberal 00:06:43.50\00:06:47.90 justices with him on the Supreme Court 00:06:47.91\00:06:50.84 again so far this is the soft headed for example. 00:06:50.85\00:06:53.50 He says, I have a view of the living constitution. 00:06:53.51\00:06:56.61 And he says they wake up from the morning, 00:06:56.62\00:06:59.17 and he says they decide, 00:06:59.18\00:07:00.15 you know, this is a wonderful day, 00:07:00.16\00:07:01.61 how shall I decide to apply the constitution today? 00:07:01.62\00:07:04.27 What new meaning can I read into it? 00:07:04.28\00:07:06.43 Well it makes the good theater 00:07:06.44\00:07:08.18 when Scalia entertains as I've heard law students 00:07:08.19\00:07:12.82 and I've heard him speaking at colleges and so on. 00:07:12.83\00:07:16.22 But there is a kind of truth in what he's saying, 00:07:16.23\00:07:18.56 doesn't mean it's really that bad. 00:07:18.57\00:07:20.04 But some of the more liberal ones realizing that 00:07:20.05\00:07:23.59 we're in a new norm of history now, 00:07:23.60\00:07:26.45 you can hardly say that society is structuring 00:07:26.46\00:07:29.08 the things same way as 200 plus years ago. Right. 00:07:29.09\00:07:32.39 So they tried to apply the principles again, 00:07:32.40\00:07:35.69 in a sort of privacy and of human individual human rights 00:07:35.70\00:07:41.55 and self determination. 00:07:41.56\00:07:42.80 Tried to apply these to these new norms. 00:07:42.81\00:07:45.46 And it does come up with, 00:07:45.47\00:07:46.60 they do come up with some rulings in cases 00:07:46.61\00:07:49.23 that clearly are not covered 00:07:49.24\00:07:51.46 by the wording of the constitution. 00:07:51.47\00:07:52.89 But their argument is, it's under the general intention 00:07:52.90\00:07:56.25 or the democratic norms 00:07:56.26\00:07:59.86 that the founders were trying to create. 00:07:59.87\00:08:02.85 What's fairly damming apart from Scalia's mockery 00:08:02.86\00:08:07.93 is just in the last few months. 00:08:07.94\00:08:11.22 Justice Breyer has come out with a book, 00:08:11.23\00:08:13.74 fairly small book, telling his judicial philosophy, 00:08:13.75\00:08:16.46 and it does read very much like Scalia's text. 00:08:16.47\00:08:19.70 Of course he takes it seriously, 00:08:19.71\00:08:20.98 but he outlines there how 00:08:20.99\00:08:23.35 you know, they look at the reality of the situation 00:08:23.36\00:08:27.05 and try to tailor a new reality 00:08:27.06\00:08:28.82 that's somewhat true 00:08:28.83\00:08:30.49 to the general outline of the constitution. 00:08:30.50\00:08:33.82 But he makes no pretense that 00:08:33.83\00:08:34.95 it's rigidly structured on it. 00:08:34.96\00:08:37.31 And then he says something that I think 00:08:37.32\00:08:39.15 is very problematic for civil and religious liberty. 00:08:39.16\00:08:43.86 He says that they would base these judgments 00:08:43.87\00:08:47.16 on developing expectations of a democratic people. 00:08:47.17\00:08:53.29 In the book, Great Controversy written by 00:08:53.30\00:08:55.40 Ellen White, that Adventists, 00:08:55.41\00:08:56.55 Seventh-day Adventists are very familiar with, 00:08:56.56\00:08:57.93 where she expands from a biblical based 00:08:57.94\00:09:01.00 on some end time events. 00:09:01.01\00:09:03.33 She gives a very distinct idea 00:09:03.34\00:09:05.32 that some problematic developments 00:09:05.33\00:09:07.38 for the United States, 00:09:07.39\00:09:08.36 consistent with Revelation 13, 00:09:08.37\00:09:10.09 where U.S. is mentioned in prophecy. 00:09:10.10\00:09:12.61 She says that these will be precipitated 00:09:12.62\00:09:15.80 by the people clamoring in particular for a Sunday law. 00:09:15.81\00:09:20.04 And the legislatures giving into them, 00:09:20.05\00:09:23.28 same pattern that happened in Rome 00:09:23.29\00:09:24.66 where they lost the freedoms, 00:09:24.67\00:09:26.00 it was a claimer that the Senate gave into 00:09:26.01\00:09:28.97 and then passed over power to the Roman Caesars. Right. 00:09:28.98\00:09:35.21 Well, this judicial philosophy 00:09:35.22\00:09:36.62 it seems to me is the perfect enabler 00:09:36.63\00:09:39.32 after you have the legislature 00:09:39.33\00:09:42.08 doing something that would be opposed 00:09:42.09\00:09:43.46 to the principle of the constitution. 00:09:43.47\00:09:45.54 But yet this liberal mentality could very easily 00:09:45.55\00:09:48.29 rubber a stamp that's saying well, 00:09:48.30\00:09:50.43 I don't need to look whether it's tears down 00:09:50.44\00:09:52.87 the Establishment Clause, First Amendment. 00:09:52.88\00:09:55.87 The people wanted, this is appropriate at the time, 00:09:55.88\00:09:58.10 we'll sign off and we will not say, 00:09:58.11\00:09:59.75 we'll say this is constitutional. Right. 00:09:59.76\00:10:01.57 So there is a real danger from the right, 00:10:01.58\00:10:03.64 rather than the conservatives 00:10:03.65\00:10:06.14 really often calling them a marvel and so on, 00:10:06.15\00:10:10.09 you know, that's sort of a hard thing to bear. 00:10:10.10\00:10:12.55 And as we found at the time of the Bill Clinton episodes, 00:10:12.56\00:10:19.14 there was enough guilt to go around 00:10:19.15\00:10:21.38 when people like Larry Flynt 00:10:21.39\00:10:22.91 started to investigate people's lives. 00:10:22.92\00:10:25.44 But the liberal judicial mentality could be a problem 00:10:25.45\00:10:28.65 if they have the ascendancy Right. 00:10:28.66\00:10:30.29 A likelihood is that we will live through 00:10:30.30\00:10:32.55 a conservative ascendancy 00:10:32.56\00:10:34.46 and the model that's developed there is not only 00:10:34.47\00:10:40.28 the one that Scalia mentions, 00:10:40.29\00:10:41.84 but it derives very closely from his view, 00:10:41.85\00:10:44.49 very close himself in a originalist, 00:10:44.50\00:10:46.26 looks to a original intent. Right. 00:10:46.27\00:10:48.75 You've heard that. 00:10:48.76\00:10:49.81 Right, did Roberts, 00:10:49.82\00:10:50.79 what was the phase that Roberts 00:10:50.80\00:10:52.09 kept mentioning that he wants. 00:10:52.10\00:10:53.63 I forgot the exact term, but yes, 00:10:53.64\00:10:54.70 he is under that umbrella. Right. 00:10:54.71\00:10:56.18 Because it's pretty much becoming 00:10:56.19\00:10:57.96 the norm in these activists, conservative, 00:10:57.97\00:11:00.25 judicial circles, the ones that are exemplified 00:11:00.26\00:11:02.58 or embodied in this administration's world view. 00:11:02.59\00:11:07.75 And yes, there is no question the way 00:11:07.76\00:11:11.33 they look back at the constitution, 00:11:11.34\00:11:12.86 they say in fact Scalia flip-flops in my view 00:11:12.87\00:11:16.21 between identifying himself as a textualist 00:11:16.22\00:11:19.36 and an originalist, original intent. 00:11:19.37\00:11:21.98 But I don't think they're quite synonymous. 00:11:21.99\00:11:23.69 But it claims you look at what the constitution says, 00:11:23.70\00:11:26.50 and it says what it says, no more, no less. 00:11:26.51\00:11:30.02 Well very few people seen to read the constitution, 00:11:30.03\00:11:32.64 it's an incredible spare document, 00:11:32.65\00:11:34.31 cryptic at times. 00:11:34.32\00:11:35.55 And I think I could argue 00:11:35.56\00:11:38.16 that's the glory of it for America, 00:11:38.17\00:11:40.43 it lays out some board and wonderful principles, 00:11:40.44\00:11:42.79 mostly in the Bill of Rights 00:11:42.80\00:11:45.75 and also in the declaration of independence. 00:11:45.76\00:11:47.80 But since it's just spare, 00:11:47.81\00:11:51.83 it allows sort of fleshing out as you go 00:11:51.84\00:11:53.97 through a real world situation. 00:11:53.98\00:11:56.01 Where if it specifically said something 00:11:56.02\00:11:57.96 that was egregiously at odds with their whole mindset. 00:11:57.97\00:12:00.64 Now you have a constitution, no problem, 00:12:00.65\00:12:02.39 but Scalia says he looks at the constitution, 00:12:02.40\00:12:06.44 and determines the original intent 00:12:06.45\00:12:10.74 and that's how you have to legislate even, 00:12:10.75\00:12:14.54 not legislate but confirm or judge on legislation, 00:12:14.55\00:12:18.20 even if it might be at odds with fairness 00:12:18.21\00:12:19.99 and rightness and so on. Right. 00:12:20.00\00:12:23.75 Can you pick this out from any of his discussion? 00:12:23.76\00:12:26.79 Well, I know that we're in exciting times as far as-- 00:12:26.80\00:12:29.72 Yeah, things are happening and after the break 00:12:29.73\00:12:32.30 I think we'll have to come back to this 00:12:32.31\00:12:33.55 and talk a little bit more. 00:12:33.56\00:12:36.01 But I wish that some of our viewers had, 00:12:36.02\00:12:39.71 I wish to know that you have, 00:12:39.72\00:12:42.02 I've been exposed to these legislative opinions. 00:12:42.03\00:12:44.66 They have great ramifications for our world 00:12:44.67\00:12:47.65 and certainly for religious liberty 00:12:47.66\00:12:49.57 and how legal religious liberty principles 00:12:49.58\00:12:52.06 are elaborated and confirmed. 00:12:52.07\00:12:54.64 One-hundred years, a long time to do anything 00:13:04.32\00:13:07.96 much less publish a magazine, 00:13:07.97\00:13:09.79 but this year Liberty, 00:13:09.80\00:13:12.30 the Seventh-day Adventist voice of religious freedom, 00:13:12.31\00:13:14.59 celebrates one hundred years of doing 00:13:14.60\00:13:17.33 what it does best, collecting, analyzing, 00:13:17.34\00:13:20.12 and reporting the ebb and flow of religious expression 00:13:20.13\00:13:23.23 around the world. 00:13:23.24\00:13:24.53 Issue after issue, Liberty has taken on the 00:13:24.54\00:13:27.65 tough assignments, tracking down threats 00:13:27.66\00:13:29.84 to religious freedom and exposing the 00:13:29.85\00:13:31.68 work of the devil in every corner of the globe. 00:13:31.69\00:13:34.30 Governmental interference, personal attacks, 00:13:34.31\00:13:37.17 corporate assaults, even religious freedom issues 00:13:37.18\00:13:40.10 sequestered within the church community itself 00:13:40.11\00:13:42.28 have been clearly and honestly exposed. 00:13:42.29\00:13:45.56 Liberty exists for one purpose to help God's people 00:13:45.57\00:13:49.01 maintain that all the important separation of 00:13:49.02\00:13:51.75 Church and State, while recognizing the 00:13:51.76\00:13:53.92 dangers inherent in such a struggle. 00:13:53.93\00:13:56.83 During the past century, Liberty has experienced 00:13:56.84\00:13:59.23 challenges of its own, but it remains on the job. 00:13:59.24\00:14:02.54 Thanks to the inspired leadership of a long line 00:14:02.55\00:14:05.47 of dedicated Adventist Editors, 00:14:05.48\00:14:07.20 three of whom represent almost half of the 00:14:07.21\00:14:09.32 publications existence and the foresight 00:14:09.33\00:14:11.60 of a little woman from New England. 00:14:11.61\00:14:13.91 One hundred years of struggle, 00:14:13.92\00:14:15.68 one hundred years of victories, 00:14:15.69\00:14:18.14 religious freedom isn't just about political machines 00:14:18.15\00:14:21.54 and cultural prejudices. 00:14:21.55\00:14:23.08 It's about people fighting for the right 00:14:23.09\00:14:26.06 to serve the God they love as their hearts 00:14:26.07\00:14:28.91 and the Holy Spirit dictate. 00:14:28.92\00:14:31.11 Thanks to the prayers and generous support 00:14:31.12\00:14:33.44 of Seventh-day Adventists everywhere. 00:14:33.45\00:14:35.60 Liberty will continue to accomplish its work 00:14:35.61\00:14:38.10 of providing timely information, 00:14:38.11\00:14:39.89 spirit filled inspiration, 00:14:39.90\00:14:41.30 and heaven sent encouragement 00:14:41.31\00:14:43.15 to all who long to live and work in a world 00:14:43.16\00:14:47.04 bound together by the God ordained bonds 00:14:47.05\00:14:49.92 of religious freedom. 00:14:49.93\00:14:51.92 Welcome back to the Liberty Insider. 00:15:01.80\00:15:03.60 Before the break we were talking about 00:15:03.61\00:15:05.66 judicial philosophy and the context 00:15:05.67\00:15:08.04 to some of the recent judicial appointments. 00:15:08.05\00:15:10.42 And of course in themselves these were media events 00:15:10.43\00:15:13.12 and of course for much discussion. 00:15:13.13\00:15:14.48 But the point of this program is that 00:15:14.49\00:15:17.13 if you look beyond these personalities, 00:15:17.14\00:15:19.01 there are real shifts taking place that these 00:15:19.02\00:15:23.54 conservative and so called conservative 00:15:23.55\00:15:26.38 liberal factions represent. Right. 00:15:26.39\00:15:28.23 Actually I was gonna ask you since you mentioned that, 00:15:28.24\00:15:30.62 you know, there has been a lot of talk about this, 00:15:30.63\00:15:33.76 when two justices positions opening at once time. 00:15:33.77\00:15:36.65 But do you really think that there 00:15:36.66\00:15:38.06 will be a large shift in maybe the, you know, 00:15:38.07\00:15:41.62 the way cases are legislated 00:15:41.63\00:15:43.70 or where do you think we'll go from here? 00:15:43.71\00:15:46.73 Well, that's the big $100,000 question, 00:15:46.74\00:15:52.76 often Sandra Day O'Connor was so called swing vote, 00:15:52.77\00:15:56.22 it was as close as one vote, 00:15:56.23\00:15:58.54 and if she had voted the other way the decision 00:15:58.55\00:16:00.22 would have been the opposite. 00:16:00.23\00:16:02.82 It is important to recognize that the Supreme Court 00:16:02.83\00:16:05.80 in spite of all the rhetoric, 00:16:05.81\00:16:08.14 mostly by the religious right thinking about abortion 00:16:08.15\00:16:12.81 but a few other religious issues, 00:16:12.82\00:16:14.69 in spite their rhetoric. 00:16:14.70\00:16:16.05 The Supreme Court does not legislate. 00:16:16.06\00:16:18.72 They can only respond and even then, 00:16:18.73\00:16:20.88 in a very, some times indirect way 00:16:20.89\00:16:23.87 to legislation or issues that come up 00:16:23.88\00:16:27.80 in the whole legal process. 00:16:27.81\00:16:29.03 And often their message can be hard to decipher 00:16:29.04\00:16:34.11 on this Texas settlement case they intended, 00:16:34.12\00:16:36.81 it's very obvious to make a statement about privacy 00:16:36.82\00:16:39.30 they ended up inadvertently giving an endorsement 00:16:39.31\00:16:42.00 to actually same sex marriage, 00:16:42.01\00:16:46.47 beyond just homosexual, 00:16:46.48\00:16:48.19 legitimizing homosexual behavior. Right. 00:16:48.20\00:16:51.60 But that said in the long haul, 00:16:51.61\00:16:55.16 it can make a very real difference. 00:16:55.17\00:16:57.66 Some of the things that have been said, 00:16:57.67\00:16:59.08 if they were acted upon by the Supreme Court justices 00:16:59.09\00:17:01.66 is a group would be problematic, 00:17:01.67\00:17:03.54 like Chief Justice Scalia has volunteered an opinion. 00:17:03.55\00:17:07.27 I think it was in some discussions somewhere, 00:17:07.28\00:17:09.36 it wasn't off the bench. 00:17:09.37\00:17:10.34 But he said that blue laws, 00:17:10.35\00:17:12.97 Sunday laws and not unconstitutional. 00:17:12.98\00:17:15.39 But that takes Liberty Magazine 00:17:15.40\00:17:17.50 right back 100 years to. Sure. 00:17:17.51\00:17:19.34 To the beginnings of what we saw as gross persecution, 00:17:19.35\00:17:24.82 not just of Seventh-day Adventist 00:17:24.83\00:17:26.97 and not just of Jews. 00:17:26.98\00:17:28.02 But what about anybody that had, 00:17:28.03\00:17:30.49 didn't want to partake of that, 00:17:30.50\00:17:32.45 where you're forced to open 00:17:32.46\00:17:34.06 and close, your business is depending on those laws. 00:17:34.07\00:17:37.27 Moderate and regulate your behavior according 00:17:37.28\00:17:39.85 to blue law prescriptions. 00:17:39.86\00:17:42.63 You know, that's religious legislation at its harshest. 00:17:42.64\00:17:45.01 And here he said that this is okay. 00:17:45.02\00:17:47.28 And that's problematic to me hearing him 00:17:47.29\00:17:49.49 say that as a Roman Catholic, 00:17:49.50\00:17:51.09 who has every right to be there. 00:17:51.10\00:17:52.99 You know, the constitution says no religious 00:17:53.00\00:17:55.06 tests for public office. 00:17:55.07\00:17:57.02 But here, as he's speaking in a vacuum, 00:17:57.03\00:18:00.21 when he says that there is it's not unconstitutional. 00:18:00.22\00:18:03.44 And the leader of his Church, 00:18:03.45\00:18:06.26 Pope John Paul II, recently deceased, 00:18:06.27\00:18:08.76 said in a public document that church members 00:18:08.77\00:18:11.50 should work for legislation to support Sunday. 00:18:11.51\00:18:15.35 I think there is an early warning sign. 00:18:15.36\00:18:17.00 Yeah. Well, I know that in a lot of cases 00:18:17.01\00:18:20.97 for Roman Catholic politicians, 00:18:20.98\00:18:24.38 who are already leaders. 00:18:24.39\00:18:27.84 They were talking about not serving them communion, 00:18:27.85\00:18:30.19 not giving them communion, 00:18:30.20\00:18:31.20 if they didn't vote in a certain way 00:18:31.21\00:18:34.18 or legislate in a certain, in a certain way. 00:18:34.19\00:18:37.11 That's right. It was in the last election 00:18:37.12\00:18:38.11 and in another context, 00:18:38.12\00:18:39.09 we've mentioned that before on this program. 00:18:39.10\00:18:40.95 But it needs to be reiterated. 00:18:40.96\00:18:43.90 Yes, we cannot be prejudicial to other religious groups, 00:18:43.91\00:18:47.01 the constitution attempts to remove this from the table. 00:18:47.02\00:18:52.02 It's, there is no religious test, 00:18:52.03\00:18:54.03 the government is not in the religion business. 00:18:54.04\00:18:56.63 But when religion becomes an issue in the public's fear, 00:18:56.64\00:19:01.58 I think then automatically the views of a church 00:19:01.59\00:19:06.15 and the structure of a Church, 00:19:06.16\00:19:07.45 like the Roman Catholic Church 00:19:07.46\00:19:08.64 when it pressures individuals 00:19:08.65\00:19:10.40 that belong to it. 00:19:10.41\00:19:11.38 You have to be taken seriously. 00:19:11.39\00:19:12.36 And I wish the Roman Catholic Church 00:19:12.37\00:19:15.89 would in someway disavow its very public pressure 00:19:15.90\00:19:19.49 vote to bear upon candidate Kerry as well 00:19:19.50\00:19:21.45 as other senators at that time, 00:19:21.46\00:19:23.83 where the communion was suggested that it be denied. 00:19:23.84\00:19:28.90 I well remember reading Senator Kennedy's wife 00:19:28.91\00:19:32.05 words in the New York Times, 00:19:32.06\00:19:33.88 saying that this was-- communication 00:19:33.89\00:19:36.28 and this was the maximum pressure. 00:19:36.29\00:19:37.99 Where if they didn't go along with that, 00:19:38.00\00:19:39.88 to be excommunicate for a Catholic means 00:19:39.89\00:19:42.24 to be cast out from any chance of salvation. 00:19:42.25\00:19:43.93 That's a pressure no government can bring on that, 00:19:43.94\00:19:46.93 even if the government executes you, 00:19:46.94\00:19:48.66 they're not really 00:19:48.67\00:19:49.64 if you have a hope for the afterlife, 00:19:49.65\00:19:50.69 you could still hold to your principles. 00:19:50.70\00:19:54.36 Very interesting development. 00:19:54.37\00:19:56.84 But going back to, 00:19:56.85\00:19:58.04 what I would like to do is describe the liberal 00:19:58.05\00:20:01.61 versus the conservative gender 00:20:01.62\00:20:04.74 and back to describing Antonin Scalia. 00:20:04.75\00:20:08.15 And maybe we have a little advantage on him 00:20:19.02\00:20:21.76 in the church context and certainly 00:20:21.77\00:20:24.35 Seventh-day Adventist too. 00:20:24.36\00:20:26.45 You know, we look at the Bible 00:20:26.46\00:20:27.56 and we try to divine what the right Bible writer meant, 00:20:27.57\00:20:33.17 and you know, C.S Lewis said, you know, 00:20:33.18\00:20:35.27 how could the idea that something in the Bible 00:20:35.28\00:20:39.64 that was hard to understand 00:20:39.65\00:20:40.84 for people say 500 years ago. 00:20:40.85\00:20:43.40 And yet we can go right back 00:20:43.41\00:20:44.79 to 1,000s of years ago when it's written. 00:20:44.80\00:20:47.16 And we can sort of see through it, 00:20:47.17\00:20:48.62 we can know their intent, 00:20:48.63\00:20:50.02 that's arrogance to the extreme, we don't, 00:20:50.03\00:20:51.94 we're so removed from their culture and so on, 00:20:51.95\00:20:54.86 to try to second guess the words. 00:20:54.87\00:20:56.37 That doesn't mean this, they really meant such and such. 00:20:56.38\00:20:58.78 Right. Is quite problematic. 00:20:58.79\00:21:02.19 So first off we have to understand 00:21:02.20\00:21:04.57 that with Scalia and less conservative folk, 00:21:04.58\00:21:07.34 it's a bit of a convenient game they play. 00:21:07.35\00:21:09.95 Because it means what they say it means. Right. 00:21:09.96\00:21:12.27 And we see already with the Christian right, 00:21:12.28\00:21:14.86 they're quite prepared to reconstruct history 00:21:14.87\00:21:17.03 and built this mythical America, 00:21:17.04\00:21:20.60 where there was a intention to protect religion, 00:21:20.61\00:21:23.24 protect on the states levels, 00:21:23.25\00:21:26.14 the state protection of particular religions. 00:21:26.15\00:21:30.19 And there's a half truth in it, 00:21:30.20\00:21:31.17 but it's not true as they say. 00:21:31.18\00:21:34.09 It's original intent can be quite dangerous. 00:21:34.10\00:21:36.72 Then as Scalia outlines it, 00:21:37.73\00:21:39.73 and I've heard him say it, he can look very plainly 00:21:39.74\00:21:42.69 and the facts of history somewhat support him, 00:21:42.70\00:21:44.89 that they didn't intend women to vote. 00:21:44.90\00:21:48.08 They didn't intend slaves to be free. 00:21:48.09\00:21:50.54 And his proof which is somewhat of a proof, 00:21:51.84\00:21:55.50 when those things happened, 00:21:55.51\00:21:56.84 their amendments to the constitution qualifying it. 00:21:56.85\00:22:00.43 Now that's a little bit 00:22:00.44\00:22:01.45 at odds with the liberal view, 00:22:01.46\00:22:04.22 which reads into these expensive statements 00:22:04.23\00:22:07.02 of the Bill of Rights. 00:22:07.03\00:22:10.54 Universal and complete rights that went beyond 00:22:10.55\00:22:13.89 what they were granting at that time. 00:22:13.90\00:22:15.68 But were explicit in the claim 00:22:15.69\00:22:18.39 that was endorsed and put into the constitution. 00:22:18.40\00:22:21.16 So what we will see, I believe 00:22:21.17\00:22:23.90 with the conservative thought in court, 00:22:23.91\00:22:25.38 which is likely to come out of these two changes, 00:22:25.39\00:22:27.66 is a systematic rolling back of many 00:22:27.67\00:22:30.82 of the social justice issues of recent years, 00:22:30.83\00:22:33.88 not all religious. 00:22:33.89\00:22:35.41 And this is where I think the religious right 00:22:35.42\00:22:37.83 somewhat being blindsided because 00:22:37.84\00:22:40.78 they're putting all of their, 00:22:40.79\00:22:43.09 their support behind this whole view, 00:22:43.10\00:22:44.89 because they see it as a way to rollback, 00:22:44.90\00:22:46.82 throw the vote and bring Churches safe together. 00:22:46.83\00:22:50.25 But I believe it's taking us back to the time 00:22:50.26\00:22:53.37 of relatively unrestrained power of capital, 00:22:53.38\00:22:57.04 land owners, which really is how 00:22:57.05\00:22:59.20 this country started off, we mythologize it. 00:22:59.21\00:23:01.87 But this was the backyard of well connected landowners 00:23:01.88\00:23:07.33 that saw as the, you know, as the term says, 00:23:07.34\00:23:13.05 you know life, liberty and the pursuit of happiness. 00:23:13.06\00:23:15.17 Very few people know that happiness 00:23:15.18\00:23:17.30 was not the original word and it was code language 00:23:17.31\00:23:19.65 for the original word life, 00:23:19.66\00:23:20.92 liberty and the pursuit of property. 00:23:20.93\00:23:22.91 This construct that they're trying to go back 00:23:23.99\00:23:28.46 to as really putted in a bad way, 00:23:28.47\00:23:30.88 but it can almost say that this is the east coast 00:23:30.89\00:23:35.27 land owning business class wanting to regain power. 00:23:35.28\00:23:39.25 And are troubled by religious diversity, 00:23:40.44\00:23:43.70 troubled by the rising power 00:23:43.71\00:23:46.36 of all the little French special entrances and so on. 00:23:46.37\00:23:49.99 And they won't remove it absolutely, 00:23:50.00\00:23:51.87 but the center of gravity is shifting. 00:23:51.88\00:23:54.08 Right. And I look to the Bible 00:23:54.09\00:23:55.71 and I see that's at least in general outlines 00:23:55.72\00:23:58.53 what the Bible talks about it, 00:23:58.54\00:23:59.69 it talks about the very end of time. 00:23:59.70\00:24:01.64 The laborer crying out because of his wage 00:24:01.65\00:24:04.33 held back by fraud. 00:24:04.34\00:24:05.72 I look at the end of time and it says 00:24:05.73\00:24:07.10 the judges have prevented justice. 00:24:07.11\00:24:10.01 I look at some of the last chapters of Revelation, 00:24:10.02\00:24:13.36 and the chapters that you may not necessarily 00:24:13.37\00:24:16.93 connect early to the United States. 00:24:16.94\00:24:18.59 But as the premier economic system and trading system, 00:24:18.60\00:24:26.98 you know, mercantile system in this world. 00:24:26.99\00:24:29.04 We have to be implicated where it talks 00:24:29.05\00:24:30.91 about Babylon system of commerce. 00:24:30.92\00:24:34.44 That all of the nations play wantedly with it 00:24:34.45\00:24:37.49 and then when it collapses they weep over 00:24:37.50\00:24:39.44 because this is pot of gold is basically, 00:24:39.45\00:24:42.24 suddenly disappeared. 00:24:42.25\00:24:43.61 And I think we're heading back to that 00:24:43.62\00:24:45.35 and I also read in the Bible 00:24:45.36\00:24:46.37 and it's been problematic for many years. 00:24:46.38\00:24:47.77 But it talks that slaves at the end of time. 00:24:47.78\00:24:50.01 You know slavery exists in more ways 00:24:52.13\00:24:53.88 than just the southern plantation, 00:24:53.89\00:24:56.14 and if you remove some of the American talk of slavery, 00:24:56.15\00:25:01.45 as it existed here through the ages 00:25:01.46\00:25:03.76 from the Roman Empire 00:25:03.77\00:25:04.74 right through to the present day. 00:25:04.75\00:25:06.44 Slavery continues basically as an indentured servitude, 00:25:06.45\00:25:10.46 where someone has lost their freedom of person-hood 00:25:10.47\00:25:14.72 to determine where they go, economic freedom. 00:25:14.73\00:25:17.11 I believe in a relatively plain way, 00:25:17.12\00:25:21.10 back in the Laissez-Faire economics 00:25:21.11\00:25:23.37 over a 100 years ago in this country 00:25:23.38\00:25:25.47 where people worked crushing hours, 00:25:25.48\00:25:28.30 menial wages, lived in the factory store. 00:25:28.31\00:25:30.67 Were kept down by the private Pinkertons 00:25:30.68\00:25:32.89 and police forces, I believe that was effective slavery. 00:25:32.90\00:25:36.02 And we've come beyond that, and yet judicially 00:25:36.03\00:25:39.77 as a cruel intention I believe, 00:25:39.78\00:25:42.06 not always stated, not always fully understood. 00:25:42.07\00:25:43.98 But it's implications are to roll us back 00:25:43.99\00:25:47.62 to my formal impressive, less tolerant, 00:25:47.63\00:25:51.40 religiously corrosive structure 00:25:51.41\00:25:54.79 and it will only be encouraged 00:25:54.80\00:25:56.71 by external stresses like terrorism, 00:25:56.72\00:25:58.83 foreign adventures gone wrong, natural calamities. 00:26:00.72\00:26:04.61 And so I really see the judicial system 00:26:04.62\00:26:07.20 in this full context. 00:26:07.21\00:26:10.12 Well these are big topics 00:26:10.13\00:26:11.31 and we can spend hours on them. 00:26:11.32\00:26:14.19 The bottom line is that we're in a changing time 00:26:14.20\00:26:18.10 and we need to be diligent in our prayers 00:26:18.11\00:26:20.08 regarding these changes. 00:26:20.09\00:26:21.28 We don't know what the future will hold 00:26:21.29\00:26:23.44 as far as the Supreme Court goes 00:26:23.45\00:26:26.58 and the decisions that we'll make. 00:26:26.59\00:26:28.35 But we know that, that God is the ultimate authority 00:26:28.36\00:26:31.19 and He is on our side. 00:26:31.20\00:26:32.52 And as long as we stay diligent 00:26:32.53\00:26:35.34 and are fervent in our beliefs 00:26:35.35\00:26:39.03 and work towards that end. 00:26:39.04\00:26:41.35 Then the final outcome will be positive. 00:26:41.36\00:26:45.17 At the end of Alfred Lord Tennyson's poem Ulysses, 00:26:47.47\00:26:51.11 he has the hero lately return from the Trojan Wars. 00:26:51.12\00:26:55.00 The known fact that as he says, 00:26:55.01\00:26:57.49 little profits that I meet and dull unequal laws 00:26:57.50\00:27:01.31 into a savage race. 00:27:01.32\00:27:03.10 I'm not really sure that we should yet call 00:27:03.11\00:27:05.27 the constituency, the voters in the United States, 00:27:05.28\00:27:08.67 a savage race. 00:27:08.68\00:27:10.00 But by the contention that surrounds 00:27:10.01\00:27:12.10 the appointment of judicial appointments 00:27:12.11\00:27:16.57 to the Supreme Court. 00:27:16.58\00:27:17.86 I think there is some evidence 00:27:17.87\00:27:19.38 that we're approaching a new era of savagery, 00:27:19.39\00:27:22.33 and the contention between opposing forces. 00:27:22.34\00:27:24.81 It really shouldn't be like this. 00:27:26.07\00:27:27.93 It should be that in a country that's founded 00:27:27.94\00:27:30.27 on very clear principles of individual freedom 00:27:30.28\00:27:33.19 and rights that the judiciary should be free 00:27:33.20\00:27:35.88 to look to the constitution, 00:27:35.89\00:27:37.98 to follow judicial principles, 00:27:37.99\00:27:39.57 to follow fairness and be counted upon to do that. 00:27:39.58\00:27:42.56 Rather than an effort by pressure groups 00:27:42.57\00:27:45.73 to put their brought person in place. 00:27:45.74\00:27:49.48 I pray that this is not yet the case. 00:27:49.49\00:27:51.42 I hope that justice, the justice that flows down 00:27:51.43\00:27:54.12 with mercy is to be found in our land for sometime yet. 00:27:54.13\00:27:58.19 And I pray that the judges on the Supreme Court 00:27:58.20\00:28:01.36 will be motivated by this principle. 00:28:01.37\00:28:03.57 This is Lincoln Steed, for Liberty Insider. 00:28:06.97\00:28:09.95