Julian Borger Washington: On Roberts' Nomination And His Prospects
A battle began in the US Senate yesterday over the nomination of John Roberts as the next chief justice of the United States, an appointment that could set the supreme court's tone for more than a generation.
Mr Roberts, a conservative appeals court judge and President Bush's choice, is expected to be confirmed barring any shock developments in the course of the hearings. Even his critics admit he has excellent professional credentials, an affable personality, and no bombshell decisions on the bench.
Democrats on the senate judiciary committee made clear yesterday that they did not intend to give him an easy ride, but would put him on the spot over his beliefs on abortion and other polarising social issues over which a Roberts court could have a decisive say in years to come.
Senator Edward Kennedy, who is expected to lead the Democratic charge against Mr Roberts, drew attention to past statements by the nominee in which he referred to the "so-called" right to privacy, and expressed doubt that sex discrimination still existed.
Political observers said the Democratic senators were also firing a shot across the president's bows as Mr Bush contemplates the choice of a second nominee following the death on September 3 of William Rehnquist, the chief justice. "These hearings really are unpredictable," said Julian Zelizer, a political historian at Boston University. "In history, the most difficult hearings get difficult only after the hearings begin. The Democrats are going to try to trip him up."
"The second reason is that it's a way of sending a message to the Bush administration about the next nominee. Conservative Republicans on the committee will do the same thing. The questions they ask Roberts aren't just for Roberts."
Democratic Party officials have said that while they did not expect to block Mr Roberts's confirmation as Mr Rehnquist's successor, they could unite to stop a more controversial choice for the second vacancy on the court.
On the other hand, President Bush is under pressure from his core supporters on the evangelical right to nominate a hardliner. Some do not believe Mr Roberts is sufficiently committed to overturning Roe v Wade, the 1973 decision guaranteeing a woman's right to an abortion.
There are also expectations that the president should pick a woman or a member of a minority to fill the vacancy opened by Sandra Day O'Connor's decision to retire.
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Rex RexCurry.net Curry - 9/18/2005
The Roberts nomination could also play into the new Pledge of Allegiance court case. Shocking facts were exposed by me (Rex Curry) during research for court litigation against the Pledge of Allegiance. Elk Grove’s new Pledge case (9/14/05) virtually guarantees the high court again will consider the constitutionality of the Pledge, and I will be there to tell the whole truth, (including the parts that are hidden by the courts and media). As a libertarian lawyer, I provide pro bono services in schools nationwide to educate the public about the news:
1. The USA’s first Pledge used a straight-arm salute and it was the origin of the salute of the monstrous National Socialist German Workers' Party (Nazis). It was not an ancient Roman salute. http://rexcurry.net/pledgesalute.html
2. The Pledge began with a military salute that then stretched outward toward the flag. Historic photographs are at http://rexcurry.net/pledge2.html and at http://rexcurry.net/pledge_military.html Due to the way that both gestures were used, the military salute led to the Nazi salute. The Nazi salute is an extended military salute. http://rexcurry.net/book1a1contents-pledge.html
3. The Pledge’s creator was a self-proclaimed socialist in the nationalism movement in the USA and his dogma influenced socialists in Germany, and his Pledge was the origin of their salute. "Nazi" means "National Socialist German Workers' Party." A mnemonic device is the swastika (Hakenkreuz in German). Although the swastika was an ancient symbol, it was also used sometimes by German National Socialists to represent "S" letters for their "socialism." Hitler altered his own signature to use the same stylized "S" letter for "socialist."
The Pledge is part of the USA’s growing police-state. The insane government in the U.S. could cause comatose persons to Pledge dis-allegiance, desecrate the flag, and recite a declaration of independence. Remove the Pledge from the flag, remove flags from schools, remove schools from government.
Government schools will never teach children about their Pledge rights, nor the truth about the Pledge and its author.
Most comments fail to ever mention that Francis Bellamy and his cousin Edward Bellamy were National Socialists in the USA, wrote for and supported their "Nationalist" and "New Nation" magazines, the "Nationalist Educational Association" and pushed their totalitarian dogma in their "Nationalism" clubs worldwide, including in Germany, and that the bible of their movement, Edward Bellamy's book "Looking Backward" was translated into every major language including the languages of those countries that became home to totalitarian socialism and the socialist Wholecaust (of which the Holocaust was a part) under the National Socialist German Workers' Party (21 million dead), the Union of Soviet Socialist Republics (62 million dead), and the Peoples' Republic of China (35 million dead). It is easy to see why anyone would want to cover all of that up, but it should not be covered up.
In the USA, the Bellamy dogma supported a government takeover of education. The government's schools imposed segregation by law and taught racism as official policy. The USA's behavior was an example for three decades before the Nazis. As under Nazism, the Jehovah's Witnesses, and blacks and the Jewish and others in the USA attended government schools that dictated segregation, taught racism, and persecuted children who refused to perform the straight-arm salute and robotically chant the Pledge. Some kids were expelled from government schools and had to use the many better alternatives. There were acts of violence. When Jesse Owens competed in the 1936 Olympics in Germany, his neighbors attended segregated government schools where they saluted the flag with the Nazi salute. The U.S. practice of official racism even outlasted the horrid party. And the schools and the Pledge still exist. The Pledge is still the most visible sign of the USA's growing police state.
After segregation in government's schools ended, the Bellamy legacy caused more police-state racism of forced busing that destroyed communities and neighborhoods and deepened hostilities.
Bellamy was a self-proclaimed national socialist in the USA, with the "Nationalist" magazine, and he preached what he called "military socialism." The federal flag darkens schools because Bellamy wanted government to take over all schools and to eliminate all of the better alternatives. Worse, Bellamy wanted the government to take over everything, not just schools. He wanted the government to impose the military system on all of society. School flags are a symbol of nationalization, militarism, and socialism.
The Bellamy dogma was the same dogma that led to the "Wholecaust" (of which the Holocaust was a part): 62 million killed under the former Union of Soviet Socialist Republics; 35 million under the Peoples' Republic of China; 21 million under the National Socialist German Workers' Party. It was so bad that Holocaust Museums could quadruple in size with Wholecaust Museums to document the entire slaughter.
Some schools in the USA are still named after Francis Bellamy. The Bellamy schools should be re-named because they send the wrong message to children and the community. It causes emotional distress to children who attend schools named after a man who popularized the Nazi salute and who helped the government institutionalize racism and segregation. I, and my supporters, will also assist in any legal means to defray the cost of re-naming Bellamy schools.
If government's schools (and the media) told the true history of the Pledge, then no student would chant it. If Americans knew the truth, then the Pledge would cease to exist.
Fight the flag hags and their flag fetish. Government's schools should not teach kids to verbally fellate flags each morning. It is like a brainwashed cult of the omnipotent state. For adults it is childish. Remove the Pledge from the flag, remove flags from schools, remove schools from government.
Listen to audio exposing the flag and the Pledge http://rexcurry.net/rexcurry4.mp3
As an attorney, I am asked if students can be forced to say the Pledge of Allegiance in government schools. Another school year has started, and it is important to educate children about their right to refuse.
Government schools deserve a failing grade for not teaching students about their right to refuse and about the horrid history of the Pledge. There are still some oddball states where government schools are required by law to begin each day with a robotic chant of the Pledge, after students hear the ringing of a bell, like Pavlov's lapdogs of the state.
Government schools in the U.S. were the origin of the salute of the National Socialist German Workers' Party (Nazis) because the Pledge's original salute was a straight-armed salute. It is a myth that the salute is an old Roman salute. Most students never see the eye-popping historic photographs. http://www.rexcurry.net/pledge2.html
I became involved in litigation about the Pledge of Allegiance before the U.S. Supreme Court in the case of Wonschik v. United States http://www.supremecourtus.gov/docket/03-10249.htm Research in that case and other litigation involving the Pledge, led to astounding discoveries concerning the Pledge's past.
The history of the Pledge is suppressed because it is unlibertarian. The Pledge was written in 1892 by Francis Bellamy, a self-proclaimed National Socialist, who wanted a government takeover of education to produce an "industrial army" (a Bellamy term) for the authoritarian vision in his cousin Edward Bellamy's book "Looking Backward." The Bellamy cousins promoted national socialism worldwide for decades. It resulted in racist and segregated government schools that lasted through WWII into the 1960's, setting a horrid example for hate-spewing groups worldwide.
A webpage helps students learn that the Pledge was written by a National Socialist and the rest of the Pledge's truly terrifying history:
The eye-popping new version of the popular graphic art "All in favor of gun control raise your right hand" is at http://www.rexcurry.net/pledgewonschik.html
In the new version, the original Nazi-style salute to the U.S. flag is exposed with the phrase: "All in favor of a Pledge of Allegiance raise your right hand."
The graphic art shows the original Pledge of Allegiance on the left and on the right it shows the salute of the National Socialist German Workers' Party.
It explains that the Pledge of Allegiance to the U.S. flag is the origin of the salute of the National Socialist German Workers' Party.
In the 1930s, the National Socialist German Workers' Party passed laws that required everyone to pledge allegiance, similar to many state laws in the U.S. that have tried to require school-children to recite the Pledge. Jehovah's Witnesses believed that people who enjoy reciting government pledges are people who worship government. Jehovah's Witnesses were officially banned in Germany for refusing to join the raised palm salute of the National Socialist German Workers' Party in schools and at public events. Many of the German Witnesses were imprisoned in concentration camps.
The National Socialist German Workers' Party had adopted the U.S. salute and forced people to perform it. Many states in the U.S. had a practice similar to that of National Socialist German Workers' Party in forcing people to perform the salute created by a National Socialist in the U.S.
In the 1940's, before the phrase "under God" was added to the Pledge of Allegiance, Jehovah's Witnesses refused to recite the Pledge in school on the grounds that it constituted worship of government. They hoped for a different response than they had met from the National Socialist German Workers' Party. In 1940, in the case of Minersville School Board v. Gobitas, the Supreme Court ruled that a government school could expel those children for refusing to salute the flag. Three years later (1943), in West Virginia Board of Education v. Barnette the Supreme Court reversed itself and decided that school children may not be forced to stand and salute the flag.
In 1940, U.S. Supreme Court Justice Felix Frankfurter was freaking about France falling to the National Socialist German Workers’ Party when Frankfurter wrote the Gobitas decision that allowed schools to expel students who refused to say the Pledge of Allegiance. Frankfurter was very concerned about the progress of the National Socialist German Workers’ Party in the war and Frankfurter believed it was important for the country to come together and for everyone to be loyal. Yet, Frankfurter’s decision allowed compelled collective pledges by the government in government schools that were using a straight-arm salute similar to the National Socialist German Workers’ Party salute, for a Pledge of Allegiance that was written by a U.S. socialist who was a member of the "Nationalism" movement and a vice president of its socialist auxiliary group, whose members wanted the federal government to nationalize most of the American economy. It is fortunate that the U.S. Supreme Court reversed the Gobitas decision 3 years later.
The original salute to the U.S. flag was the same as the salute of the National Socialist German Workers' Party. An example of the salute is at http://www.rexcurry.net/pledge1.html (historic photographs of the original socialist salute being given to the U.S. flag are collected at that website, so please contact the website with information about any historic photographs of the Pledge).
"Nazi" was an abbreviation of "National Socialist Worker's Party of Germany." They advocated nationalizing the economy. After the Nazi's demonstrated full blown socialism, the U.S. flag salute changed to the modern hand over the heart.
The U.S. Pledge of Allegiance was written in 1892 by a socialist, to promote socialism in the most socialistic institution -- government schools. The author, Francis Bellamy, belonged to a religious socialist movement known as "Christian Socialism," and belonged to a group known for "Nationalism," whose members wanted the federal government to nationalize most of the American economy. He saw government schools as a means to that end.
Libertarians like to say they oppose "the cult of the omnipotent state." There are many parallels between the legal arguments made by Jehovah's Witnesses and the libertarian catchphrase.
The Barnette case held that students cannot be forced to recite the Pledge or salute the flag in government schools. One admirable result of the Gobitas case and every Supreme Court case regarding government schools is that many parents removed their children from government schools. And that is the real solution to the Pledge debate and all other issues: reduce government and remove government from education. As Libertarians say: The separation of school and state is as important as the separation of church and state.
For more information on the U.S. flag's Pledge and salute see http://www.rexcurry.net/pledge1.html
Yours in Liberty,
Attorney At Law
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