In Contempt of Courts (Page 2)

Washington

Conference speakers framed the Constitution Restoration Act in pseudo-populist terms--the only means of controlling a branch of government hijacked by a haughty liberal aristocracy against the will of the American people. As Michael Schwartz remarked during a panel discussion, "The Supreme Court says we have the right to kill babies and the right to commit buggery. They say the people have no right to express themselves, that the people have no right to make laws. Until we have a court that reflects a majority," Schwartz continued, his voice rising steadily, "it is a sick and sad joke that we have a Constitution here."

The right wing claims that judges should reflect majority opinion. But what is the majority opinion? After DeLay and Senate majority leader Bill Frist passed special bills ordering federal courts to consider the reinsertion of Terri Schiavo's feeding tube, according to a Gallup poll, Congress's public approval rating sank to 37 percent, lower than at any time since shortly after Republicans impeached President Bill Clinton. Meanwhile, 66 percent of respondents to a March 23 CBS News poll thought Schiavo's feeding tube should be removed. The notion that the Christian right's agenda is playing well in Peoria must be accepted on faith alone.

The recent right-wing fixation on impeaching judges was conceptualized by David Barton, Republican consultant and vice chairman of the Texas GOP. In 1996 Barton published a handbook called Impeachment: Restraining an Overactive Judiciary, which was timed to coincide with Tom DeLay's bid for legislation authorizing Congress to impeach judges. "The judges need to be intimidated," DeLay told reporters that year.

In 1989 Barton published a book titled The Myth of Separation, which proclaims, "This book proves that the separation of church and state is a myth." The Baptist Joint Committee on Public Affairs, in a critique of his 1995 documentary America's Godly Heritage, stated that it was "laced with exaggerations, half-truths, and misstatements of fact." Barton is on the board of advisers of the Providence Foundation, a Christian Reconstructionist group that promotes the idea that biblical law should be instituted in America. In 1991 Barton spoke at a Colorado retreat sponsored by Pastor Pete Peters, an adherent of racist Christian Identity theology with well-established neo-Nazi ties. During the 2004 presidential campaign, the Republican National Committee hired him as a paid consultant for "evangelical outreach." The RNC sponsored more than 300 events for him.

DeLay's bill, based on Barton's writings, failed due to lack of GOP support. But the judicial impeachment campaign was reignited six years later when a federal court ordered the removal of then-Alabama Supreme Court Chief Justice Roy Moore's Ten Commandments monument from courthouse grounds. In February 2004 a group of about twenty-five enraged ministers and movement leaders gathered in Dallas to plot a new response. The Constitution Restoration Act was the result. According to Moore, he was a principal author, along with Herb Titus, the former dean of Pat Robertson's Regent University law school, and Howard Phillips, a veteran third-party activist whose US Taxpayers' Party served as a vehicle for the antigovernment militia movement during the 1990s. All three men stalked the halls of the downtown Marriott last Thursday and Friday.

In the Senate the bill was sponsored by Richard Shelby, a senator from Roy Moore's home state; among the co-sponsors is Senator Sam Brownback of Kansas, who is contemplating a run for the Republican nomination for President. The bill was introduced on March 3, before the Terri Schiavo affair erupted, before Florida Circuit Judge George Greer ordered the removal of her feeding tube and before he became the poster-child for the right's judicial impeachment campaign.

Now, according to Howard Phillips in a speech to the conference, his "good friend" Wisconsin GOP Representative James Sensenbrenner is planning to hold hearings on the Constitution Restoration Act in the House. DeLay, who appeared on a big screen during a Thursday morning session to call for the removal of "a judiciary run amok," has put his name on the act as the House sponsor.

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