Tuesday 27th October 2020

Home » Frontpage » Currently Reading:

Justice Ruth Bader Ginsberg, RIP

September 26, 2020 Frontpage No Comments


The current uproar engulfing Washington, also known as “mourning the death of Justice Ruth Bader Ginsberg,” proves once more that abortion is the issue, period. After all, if you can kill the most innocent, you can kill anybody.
Those on the Left who are celebrating Mrs. Ginsberg’s “legacy” merely confirm the point: her “legacy” consisted solely of rubber-stamping Roe in the spirit of Margaret Sanger. “Frankly,” she told the New York Times in 2009, “I had thought that at the time that Roe was decided, there was a concern about population growth and particularly growth in populations that we don’t want to have too many of.”
Well, we know what Mrs. Ginsberg’s wailing eulogists don’t want too many of: more Trump-appointed Supreme Court Justices.
To be sure, senior Democrats were already waging war on the Constitution long before Mrs. Ginsberg’s death. Hillary Clinton advocated abolishing the Electoral College. Rep. John Dingell, Jr., the longest-serving Member of Congress in history, wanted to abolish the Senate. Senate Democrat leader Chuck Schumer threatens to eliminate the filibuster and other rules governing Senate debate.
But all this hate speech cannot alter the looming threat of a population that pro-aborts “don’t want to have too many of”: five Supreme Court Justices willing to revisit Roe v. Wade.
At press time, we don’t know whom President Trump will nominate. The two “possibles” most often mentioned are both Catholic women. Democrats have already announced that anti-Catholic Sen. Kamala Harris, Joe Biden’s running mate, will lead the attack on the nominee when she testifies before the Senate Committee on the Judiciary. Battle lines have been drawn. Hate will abound.

A Calm Consideration Before The Storm

While we await the name of the nominee and the ensuing chaos, we entertain a fundamental question: When the Constitution was adopted, the Supreme Court wasn’t considered to be all that important. What has changed? Let’s look at the record.
George Washington appointed John Jay at the Court’s first Chief Justice in 1789. Jay resigned in 1795, when he was elected Governor of New York — a position which he considered to be more important. So important, in fact, that, when President John Adams offered to reappoint him as Chief Justice in 1800, he declined for reasons of health. However, in his letter to Adams, Jay explained further:
“I left the Bench perfectly convinced that under a System so defective, it would not obtain the Energy weight and Dignity which are essential to its affording due support to the national Government; nor acquire the public Confidence and Respect, which, as the last Resort of the Justice of the Nation, it should possess.” (Jay to Adams, January 2, 1801).
Thus things stood in 1801. What changed? Today, is New York Gov. Andrew Cuomo more important than Chief Justice John Roberts?
Well, Cuomo might think so. No one else would. But how did a nomination to the Court in 2020 become more important to many Americans than the presidential race itself?
The answer begins with the Court’s fourth Chief Justice, but it does not end there. When Jay declined the appointment in 1800, Adams appointed his Secretary of State, John Marshall of Virginia, as Chief Justice. In 1803, Marshall changed the course of history when he ruled, in Marbury v. Madison, that the Federal Courts had the authority to declare acts of Congress to be unconstitutional.
During his 1986 confirmation hearing before the Senate Judiciary Committee, Judge Antonin Scalia said he wasn’t going to discuss any Court opinions, not even Marbury v. Madison. Everybody laughed. But they weren’t laughing in 1803. According to the Federal Judicial Center’s account, “Thomas Jefferson criticized Marshall for engaging in unnecessary editorialization, believing the case should have begun and ended with the conclusion that the Court did not have jurisdiction. Edward Corwin, one of the leading legal scholars of the first half of the twentieth century, went further, claiming the case bore ‘many of the earmarks of a deliberate partisan coup’.”
Pretty nasty stuff. But who can correct the Supreme Court when it trespasses beyond its enumerated powers?
The Congress, that’s who.

Marshall’s Legacy Triumphs

The Federalist Papers were published in 1788 to persuade New York state voters to approve the Constitution written in Philadelphia the year before (n.b.: the average New York voter reading these sophisticated treatises had a sixth-grade education).
In Federalist 78, Alexander Hamilton writes that the Federal Courts described in Article III of the Constitution are “the least dangerous branch” of the proposed government. “It may truly be said to have neither FORCE nor WILL, but merely judgment,” he assures us.
Just in case, Article III, Section II empowers Congress to restrict or even forbid the jurisdiction of the Federal Courts “with such Exceptions, and under such Regulations as the Congress shall make.”
Thomas Jefferson warned in 1798 that “In questions of powers, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” When Marbury v. Madison was decided, the Congress could have followed Jefferson’s lead and passed legislation forbidding (in layman’s terms), “No More Marbury’s!” Had Congress perceived the “partisan coup” identified by Corwin, it could have exercised its Constitutional powers and impeached Chief Justice Marshall to drive their point home.
They didn’t. A century later, New York Gov. Charles Evans Hughes could write that, “We are under a Constitution, but the Constitution is what the judges say it is” — an audacious remark at the time. As Chief Justice a quarter-century later, Hughes presided over the Supreme Court as Ku Klux Klan alumnus Hugo Black and his radical colleague William O. Douglas dissolved Jefferson’s chains altogether, to the applause of President Franklin D. Roosevelt.
The “Court Packing Plan” of Senate Democrat Leader Chuck Schumer relies on the precedent set by Roosevelt after his 1936 reelection victory. FDR acknowledged Gov. Hughes’s 1907 affirmation of the powers of the Court — after all, Hughes was now Chief Justice, and the Hughes court had declared several of FDR’s New Deal programs to be unconstitutional.
Instead of asking a friendly Congress to limit the Court’s jurisdiction, or demanding Hughes’s impeachment, Roosevelt threatened to expand the number of Justices on the Court from nine to fifteen. The Hughes Court “got the message,” according to the Social Security Administration’s history page, and responded by  upholding as constitutional the National Labor Relations Act and the Social Security Act.
By 1958, the radical Warren Court went so far as to solemnly declare for itself the power that Hughes had asserted half a century earlier. In Cooper v. Aaron, the Court blithely stowed the rights of states protected by the Tenth Amendment safely in cold storage.
Flexing its muscle-on-steroids, the Court then banned prayer in public schools (Engel v. Vitale, 1962), banned Bible reading in those schools (Abington School District v. Schempp, 1963), and overturned state laws nationwide that prohibited abortion (Roe v. Wade, 1973).
The die was cast. Today, who gets to use what bathroom is up to the Supreme Court.
“Impeach Earl Warren!” read the billboards on American roadsides for years. But impeachment wasn’t necessary. In all of the above cases, the Congress could have quickly responded simply by removing these areas of the law from the jurisdiction of the Federal Courts under Article III, Section 2.
But Congress didn’t. Nor did it impeach Earl Warren. It was much easier for a spineless pol to shrug and whine to an outraged public that “the Court has spoken.”
That’s where things stand today, and that’s why pro-abortion forces on Capitol Hill and around the country are apoplectic.
May Ruth Bader Ginsberg’s “legacy” rest in peace.

Share Button

2019 The Wanderer Printing Co.

Twitter Feed

Pope calls for civil unions among "gays" - it's over two years since he promised a report on McCarrick - where is the report - just asking!

Trump Shined tonight! How many of those 40 million that have voted already, want their ballots back?

Our apologies . . . we are having technical difficulties with our website. Hope to be up soon.

Load More...

Polish president Duda welcomes landmark abortion ruling

CNA Staff, Oct 23, 2020 / 06:00 am MT (CNA).- Polish president Andrzej Duda welcomed a landmark court ruling on abortion Friday. He told the newspaper Dziennik Gazeta Prawna Oct. 23 that he supported the constitutional court’s verdict that a law permitting…Continue Reading

Pope Francis to create 13 new cardinals, including Washington Archbishop Gregory

Vatican City, Oct 25, 2020 / 06:00 am MT (CNA).- Pope Francis said Sunday that he will create 13 new cardinals, including Washington Archbishop Wilton Gregory, at a consistory on Nov. 28, the vigil of the First Sunday of Advent.…Continue Reading

Pope Francis calls for ‘integral ecology’ in TED Climate Countdown video

Vatican City, Oct 11, 2020 / 05:30 am MT (CNA).- Pope Francis sent a video message to the TED Countdown summit on climate change Saturday explaining how a more “integral ecology” can help the poor. “Science tells us, with more…Continue Reading

Beatification of Carlo Acutis: The first millennial to be declared Blessed

With the beatification of Carlo Acutis in Assisi Saturday, the Catholic Church now has its first “Blessed” who loved Super Mario and Pokémon, but not as much as he loved the Real Presence of Jesus in the Eucharist. “To be…Continue Reading

‘All-star,’ ‘brilliant jurist’: Pro-life leaders thrilled Trump nominated Barrett to Supreme Court

September 26, 2020 (LifeSiteNews) – Supreme Court nominee Judge Amy Coney Barrett is “an absolute all-star” and “a judicial role model for the next generation,” pro-life leaders said today.  If confirmed, Barrett will replace pro-abortion Justice Ruth Bader Ginsburg, who died just…Continue Reading

Farewell, Uncle Di: Father Paul Mankowski, RIP

My editorial career has brought me into close contact with quite a few impressive thinkers. I have worked with famous authors, with noted theologians and philosophers, with canny political strategists, with at least a half-dozen Nobel Prize winners. Among them…Continue Reading

VIDEO: BLM mob threatens, chases Rand Paul down streets of DC

WASHINGTON, D.C., August 28, 2020 (LifeSiteNews) – Republican Sen. Rand Paul of Kentucky found himself the target of left-wing violence yet again Thursday night as protesters swarmed him as he was leaving the White House, chasing him and his wife…Continue Reading

Planned Parenthood acknowledges Margaret Sanger’s ‘racist legacy’, continues abortions

CNA Staff, Jul 21, 2020 / 11:05 am MT (CNA).- The New York affiliate of the nation’s largest abortion provider said Tuesday it will remove the name of its founder, Margaret Sanger, from its Manhattan building because of her support…Continue Reading

Statue of Virgin Mary beheaded at Tennessee parish

CNA Staff, Jul 15, 2020 / 10:40 am MT (CNA).- A statue of the Blessed Virgin Mary was attacked this weekend at a parish in Chattanooga, Tennessee, the third reported incident against a statue of Mary occuring in the same…Continue Reading

21 doctors tell bishops Communion on tongue ‘safer’ than in hand

June 26, 2020 (LifeSiteNews) – Twenty-one Austrian doctors have authored a letter appealing their country’s Bishops’ Conference to lift the de facto ban on receiving Holy Communion on the tongue, which has been enforced since Communion in the hand was…Continue Reading

Catholic priest among defenders of St Louis statue

CNA Staff, Jun 27, 2020 / 09:36 pm MT (CNA).- Fr. Stephen Schumacher, a priest of the Archdiocese of St. Louis, was among the defenders of a prominent statue of the city’s namesake as protesters called for its removal Saturday.…Continue Reading

‘I cannot remain silent’: Madison Catholic bishop condemns destruction of religious statues

Denver Newsroom, Jun 24, 2020 / 04:08 pm MT (CNA).- As rioters across the United States target statues depicting historical figures, the Bishop of Madison, Wisconsin on Tuesday denounced that destruction, along with calls to destroy some depictions of Jesus…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.

  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Interview With Cardinal Burke . . . Discriminating Mercy: Defending Christ And His Church With True Love

  By DON FIER (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta and Founder of the Shrine of Our Lady of Guadalupe in La Crosse, Wis., graciously took time out of his busy schedule to grant The Wanderer a wide-ranging interview during a recent visit to the Shrine. Included among the topics…Continue Reading

Developing Lives Of Peace After The Heart Of Mary

By RAYMOND LEO CARDINAL BURKE (Editor’s Note: His Eminence Raymond Leo Cardinal Burke delivered the address below at the 32nd Annual Church Teaches Forum, “The Message of Fatima: Peace for the World,” Galt House, Louisville, Ky., July 22, 2017. The address is reprinted here with the kind permission of Cardinal Burke. All rights reserved. This is part one of the…Continue Reading


Kamala Harris is an Anti-Catholic Bigot

Today . . .

Bishop Strickland . . . The Church’s Clear Teaching

Our beautiful Catholic faith always shows respect for every person and calls them from the darkness of sin into the light of faith. Although the opinion expressed recently by Pope Francis is confusing let us simply turn to the Church’s clear teaching on the question of legal recognition of homosexual unions. We absolutely embrace every person with compassion but let us never forget that the greatest compassion is to draw the children of God closer…Continue Reading

">“We have A Bad Pope”

Pope Francis calls for civil union law for same-sex couples, in shift from Vatican stance

In a documentary that premiered Wednesday in Rome, Pope Francis called for the passage of civil union laws for same-sex couples, departing from the position of the Vatican’s doctrinal office and the pope’s predecessors on the issue. The remarks came amid a portion of the documentary that reflected on pastoral care for those who identify as LGBT.  “Homosexuals have a right to be a part of the family. They’re children of God and have a…Continue Reading

Dutch government backs euthanasia for under-12s

The Dutch government will permit doctors to euthanise terminally ill children aged between one and 12 after months of debate within the ruling coalition. The country’s health minister, Hugo de Jonge, said a change in regulations was necessary to help “a small group of terminally ill children who agonise with no hope, and unbearable suffering”. The government estimates that the new rules, lifting the threat of prosecution from doctors,

">Another Must Watch Video!

The Bishop Strickland Hour – Week of September 29

Lippmann: Insight For Our Times

By JUDE DOUGHERTY In speaking of the intellectual temper of his time, George Santayana in 1913 wrote on the opening page of his The Winds of Doctrine: “The shell of Christendom is broken, the unconquerable mind of the East, the pagan past, the industrial socialistic future confront it with equal authority. Our whole life and…Continue Reading

A Movie Review . . . Looking At The Two Crowns Of St. Maximilian Kolbe

By REY FLORES Originally released in Poland in 2017, the film that tells the story of St. Maximilian Kolbe has been overdubbed in English for its North American release through Fathom Events.Two Crowns is the first film showing, up to now, unknown facts about the life of Franciscan friar, St. Maximilian Kolbe. This is a…Continue Reading

They Call It A Hearing, But They Don’t Listen

By TERENCE P. JEFFREY When Democratic Sen. Amy Klobuchar of Minnesota began her 30-minute turn at questioning Supreme Court nominee Amy Coney Barrett in the Senate Judiciary Committee on Tuesday afternoon, October 13, Democratic Sen. Mazie Hirono of Hawaii was not in the room.Hirono apparently was not that interested in what she anticipated Klobuchar would…Continue Reading

Crowds Hidin’ From Biden?. . . Dems Support Another Court Revolution As Joe Goes His Lonely Way

By DEXTER DUGGAN PHOENIX — A local television reporter noted her puzzling setting on October 8. “This is a huge event politically, but you can’t tell by the outside of the Heard Museum. There’s really not a lot going on here,” she said, stepping aside to let her camera operator reveal just the normal flow…Continue Reading

The Rorschach Bible . . . On Icons And The Holy Face

By JOHN G. BOULET, MD (Author’s Note: This article was presented on October 1, 2020, Feast of St. Thérèse of the Child Jesus and the Holy Face, or October 3 according to the pre-1963 calendar. © 2020.) + + Hermann Rorschach (November 8, 1884 to April 1, 1922) was the Swiss psychiatrist who developed the…Continue Reading


Our Catholic Faith (Section B of print edition)

Live The Word With Joy

By FR. ROBERT ALTIER Thirtieth Sunday In Ordinary Time (YR A) Readings: Exodus 22:20-261 Thess. 1:5c-10Matt. 22:34-40 In the second reading today, St. Paul extols the Thessalonians for their great faith. This faith came through hearing the Gospel preached by St. Paul. However, it is interesting to note that St. Paul speaks of how the people received the Word of…Continue Reading

A Leaven In The World… It Is A Sin To Vote For Biden

By FR. KEVIN M. CUSICK We were treated again this month to the political spectacle of a Supreme Court nomination hearing. Amy Coney Barrett sat patiently, and mostly silently, while Democrat politicians forced her and us to hear them once again rant on about every hot-button issue they believe will promote their careers and increase their power.Put these creatures in…Continue Reading

Catholic Replies

Editor’s Note: We are in the process of reducing our supply of books and are offering them to interested readers at a substantial discount. The books available, all in mint condition, are Catholic Replies and Catholic Replies 2 (both $17.95), All Generations Will Call Me Blessed and Who Do You Say That I Am? (both $10.95), and Catholicism & Reason…Continue Reading

Jesus Is The Only Path To Peace

By MOST REV. JOSEPH STRICKLAND We all long for peace. Yet, it seems that everywhere we look in these tumultuous times, we see violence and hostility. Major cities are besieged with protests. Many have moved away from any claim to being peaceful. Sadly, they foster and promote violence and destruction. In the nineteenth chapter of the Gospel of St. Luke…Continue Reading

Catholic Replies

Q. Thank you for answering my question about the false claim that the Virgin Mary was an “unwed mother.” However, in the Rosary Handbook I use for meditations, it says that Joseph “went to be registered with Mary, to whom he was engaged and who was expecting a child.” Please comment on the word “engaged.” — S.B., Kentucky.A. Joseph and…Continue Reading

Catholic Heroes . . . St. Henry Morse

By DEB PIROCH Born to Protestant parents during extremely turbulent times in English history, during the reign of Queen Elizabeth I, young Henry Morse (1595-1645) was studying law at Grey’s Inn in London and living a “normal” life — until some force moved him to convert to Catholicism. This, despite the fact that Catholics had been tortured and martyred both…Continue Reading

Catholic Heroes… St. John Mary Vianney

By DEB PIROCH Today, so much of Catholicism has been “dumbed down.” If those in the pews recognize the name of this great saint of Ars, France, they may know only that he is the patron saint of priests. Without the priesthood, there are no sacraments, no Masses, no Blessed Eucharist. When urged to pray for vocations, we must pray…Continue Reading