Newsletter | June 30, 2022
At America’s Future, each Independence Day represents the peak summation of our efforts to educate our fellow Americans in the history of our country, its symbols and monuments, traditions and mottoes, challenges and achievements. The total of which is a celebration of what makes our great nation exceptional — freedom.
Independence Day, wrote Founding Father John Adams, “will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.”
Adams was right. On July 4th, we commemorate the anniversary of the signing of the Declaration of Independence with barbecues and fireworks, ballgames and parades. We celebrate the day that continues to inspire the world, when the freeborn men of the thirteen American colonies announced their final break with the British crown and the birth of a new nation, a land of liberty, made up of thirteen sovereign states, the United States of America.
There are many lessons to be learned. Here are two. The first is about the character of our country and the second is about its steadfastness.
Our country was born in freedom and has fought for more of it. Our civil war was our national debate on race and the result was conclusive — that all men are created equal was not simply a theory, but a fact etched in our history with American blood. We value one another and even with all of our human imperfections, we strive to follow the Golden Rule – to treat others the way we want to be treated. Unfounded accusations that America, systemically, is racist is nonsense. And, those who continue to spout out such rhetoric mean only to divide us and wreak havoc.
The second lesson is about patience and resilience.
Remember that we Americans have always been responsible for our own destiny. What we dream and design is in our power to accomplish. There will be setbacks along with successes, but we have proven that our will is in the fight for freedom. What’s required of us is getting involved, having a steady demeanor, and holding true to our faith.
We have our models — from the Founding Fathers to parents across the nation who are raising the coming generation to cherish their liberty and fight for it. America’s Future calls you to that fight, the ongoing struggle to preserve the independence of nearly 250 years ago. Our wish is that you may always thrive in your freedom. May God always strengthen and protect you and may He always bless America.
America’s Future hopes you and your family enjoy the upcoming Fourth of July holiday weekend. We ask that you take a few minutes to share your thoughts about this grand American celebration of freedom over tyranny by participating in our Reader’s Survey. Thank you in advance for your comments and insights.
America’s Future encourages citizens to seek the facts and truth wherever it may lead on issues of import to individuals and families across the country. With the continued descending trust in media coverage of current events, it is up to each of us to discern facts from fiction. As Americans, we are obliged to do just that in order to be informed citizens.
The recent SCOTUS decision in the Dobbs case and subsequent unrest and violence across America caused in large part by a media frenzy of fact-less reporting, as well as ill-informed rhetoric by politicians, pundits and agitators regarding the crux of the ruling, disturbs the liberty of all Americans, including the Justices and their families facing threats up to and including assassination.
Our effort to provide summaries and links to the SCOTUS decisions in our newsletters is one means by which we work to bring access to the public of the facts of topical issues in our country. As such, here are key takeaways from the Dobbs case: The ruling overturned Roe (1973) and Casey (1992) thus concluding the voluntary termination of a pregnancy as not a constitutional right. As the decision noted, both Roe and Casey were fatally flawed and defective from the start for at least two glaring reasons.
First, plainly the U.S. Constitution, as amended, does not announce any such right to abortion, nor does it imply the existence of such a right, in fact, stated explicitly in the preamble of the Declaration of Independence is the right to life. Assuming the long-debated question “when does life begin” is a reasonable question (which itself could be debated), no reasonable person could properly square the notion that a constitutional right to voluntarily terminate a pregnancy exists in light of the Framers declaration that the right to life is inalienable and God-given.
Second, after properly determining the text of the Constitution does not explicitly protect the conduct at issue, the majority in Dobbs examined whether the voluntary termination of a pregnancy is nonetheless entitled to constitutional protection on the basis this conduct is “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.” The well-reasoned ruling assiduously explained, in no uncertain terms, that America’s history and traditions do not hold out voluntary terminations of pregnancies as a deeply-rooted implicit individual right. In fact, the court clarified the opposite is true, that for the first 185 years of our nation’s history, individual states were permitted to resolve this issue in accordance with the views of its own citizens; and even at the time Roe was decided, roughly 30 states prohibited the conduct altogether.
In the end, the majority opinion simply restored the right to decide how to regulate or whether to prohibit voluntary terminations of pregnancies back to the states to achieve the will of their own citizens within its borders and jurisdictions. The Justices signing onto the majority opinion acted as they should – independent, just and without fear or favor – even in the face of unprecedented threats to their person and their families.
States are once again free to enact legislation in connection with protecting the life of the unborn according to the will and wishes of their citizenry.
America’s Future will continue to provide fact-based information as part of our mission to preserve our Constitutional Republic system of government and our God-given individual rights of life, liberty and the pursuit of happiness. To read our statement regarding the Dobbs case, issued on the date of the announcement, click here. To access America’s Future Amicus filings regarding significant constitutional issues, visit our Law & Policy page.
O’er The Land Of The Free And The Home Of The Brave
In honor of this 246th anniversary of America’s independence, America’s Future salutes all those who have served and sacrificed over generations to keep our nation “the land of the free and the home of brave.” These words are inspirational the world over, and are part of our national anthem, the “Star-Spangled Banner.”
Motivational and moving, the historic song connecting Americans to one another, became the official anthem of the United States on March 3, 1931, but the story of how it came to be and why it represents who we are as a people begins nearly a century earlier during the War of 1812 – another victory for America.
It all started on Sept. 12, 1814 when Francis Scott Key, a well-connected skilled attorney and John Stuart Skinner, an American Prisoner Exchange Agent set out to negotiate the release of a U.S. citizen from the British.
Attorney Key and Agent Skinners’ mission was to meet in Baltimore and together board a British vessel, coined a “truce ship,” to collect a prisoner – 65-year-old physician, Dr. William Beanes, who was also a hero warrior of the War of Independence.
When Key and Skinner met with British soldiers, they were told that although Dr. Beanes would be released into their custody, it would not be immediate. Why? The British were in the throes of an attack on nearby Fort McHenry and the Brits feared the three Americans would alert the soldiers at the Fort if the prisoner transfer occurred.
Over the course of the next 36 to 48 hours, Key and the others watched helplessly as the attack on Fort Henry was executed. Historic records note that throughout the night of Sept. 13, 1814, and into the early morning hours of the next day, there were piercing sounds and images of “rockets and bombs… intense gunfire” that could be heard and viewed from miles away.
After an agonizing night and right after dawn on September 14, Key and the others “[could] see the Fort and the American flag.” Their view of the raised American flag coupled with the “eerie silence that had settled over the [Baltimore] harbor” left no doubt the attack on Fort McHenry was over and the British were in retreat.
Once released with prisoner in hand, Key is reported to have stayed at the Indian Queen Hotel, where he wrote the four stanzas that eventually became our national anthem – a collection of feelings and words grounded in faith, patriotism and love of country enjoyed by generations of Americans on the Fourth of July and so many, many other occasions.
Wrap-Up of Supreme Court June Decisions
Throughout June, America’s Future newsletters have highlighted rulings from the Supreme Court of the United States (SCOTUS). The rulings impact our lives as they are considered “the law of the land” and binding on all other courts and in all states. With the last edition of the month’s newsletter, below are the final 10 cases resolved by SCOTUS in June (including four separate cases consolidated in one published ruling) bringing the month’s total to 36 cases, including one dismissal. For accessing all our decision summaries in one location, visit our Knowledge Center, SCOTUS June Decisions. If you would like further information about the Court rulings, visit the SCOTUS website at visit https://www.supremecourt.gov.
Xiulu Ruan v United States (No. 20-1410 – Justice Breyer authored the opinion)
ISSUE: Whether the burden of proof, in a criminal case, shifts to the government if the defendant is authorized to act, but acted in a manner outside the scope of the authorization. In other words, how does a court apply the “knowingly or intentionally” mens rea standard under 21 U.S.C. § 841 in light of the ‘except as authorized’ clause.”
RULING: “[21 U.S.C.] Section 841’s ‘knowingly or intentionally’ mens rea applies to the statute’s ‘except as authorized’ clause. Once a defendant meets the burden of producing evidence that his or her conduct was ‘authorized,’ the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.” – The decision of the Eleventh Circuit Court of Appeals is vacated and the case is remanded.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf
Concepcion v United States (No. 20-1650 – Justice Sotomayor authored the opinion)
ISSUE: Whether “the First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence.”
RULING: Yes. “The First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence” – The decision of the First Circuit Court of Appeals is reversed and the case is remanded.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-1650_new_4gci.pdf
Kennedy v Bremerton School District (No. 21-418 – Justice Gorsuch authored the opinion)
ISSUE: Whether “the Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal.”
RULING: Yes. “The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression” – The decision of the Ninth Circuit Court of Appeals is reversed.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/21-418_i425.pdf
Torres v Texas Department of Public Safety (No. 20-603 – Justice Breyer authored the opinion)
ISSUE: Whether “by ratifying the Constitution, the States agreed their sovereignty would yield to the national power to raise and support the Armed Forces. Congress may exercise this power to authorize private damages suits against nonconsenting States.”
RULING: Yes. “By ratifying the Constitution, the States agreed their sovereignty would yield to the national power to raise and support the Armed Forces. Congress may exercise this power to authorize private damages suits against nonconsenting States.” – The decision of the Court Of Appeals of Texas, Thirteenth District is reversed and the case is remanded.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-603_o758.pdf
Oklahoma v Castro-Huerta (No. 21-429 – Justice Breyer authored the opinion)
ISSUE: Whether “the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.”
RULING: Yes. “The Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.” – The decision of the Court of Criminal Appeals of Oklahoma is reversed and the case is remanded.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf
Biden v Texas (No. 21-954 – Chief Justice Roberts authored the opinion)
ISSUE: Whether the Government’s rescission of the Migrant Protection Protocols (“MPP”) violated 8 U. S. C. §1225 of the Immigration and Nationality Act (“INA”).”
RULING: No. “The Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda constituted final agency action.”– The decision of the Fifth Circuit Court of Appeals is reversed and remanded.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/21-954_7l48.pdf
West Virgina v Environmental Protection Agency (consolidated with Docket Nos. 20-1531, 20-1778 and 20-1780 – Chief Justice Roberts authored the opinion
ISSUE: Whether “this case remains justiciable notwithstanding the Government’s contention that no petitioner has Article III standing, given EPA’s [Environmental Protection Agency] stated intention not to enforce the Clean Power Plan and to instead engage in new rulemaking.”
RULING: Yes. “This case remains justiciable notwithstanding the Government’s contention that no petitioner has Article III standing, given EPA’s stated intention not to enforce the Clean Power Plan and to instead engage in new rulemaking.”– The decision of the Court Of Appeals For The District of Columbia Circuit is reversed and remanded.
LINK TO OPINION: https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf
Reminders & Updates
A MESSAGE FROM GENERAL FLYNN: Click here to watch a video and to read General Flynn’s letter on what a remarkable time it is to be an American.
RAISE THE FLAG. SAY THE PLEDGE: Because every day is “flag day” in the USA, America’s Future teamed up with Colonial Flag to offer an assortment of discount-priced flags along with a beautifully-designed Pledge of Allegiance insert and a free pocket-size U.S. Constitution signed by our Board Chair, General Michael Flynn. Click here and choose the perfect flag for your home and business today!
MARK YOUR CALENDARS: The next “Champion Conversation With General Michael Flynn” for our Champion For America members community is scheduled for July 25, 2022 at 1 p.m. (ET). Please mark your calendars to join in the conversation!
STAY CONNECTED: You’ll find America’s Future on your favorite social media platforms. Thank you for remembering to follow us and please share our posts.
VOTE! Primary elections are happening across the country. Make sure you exercise your right to vote. Encourage your family members and friends to do the same.
AMERICA’S MONDAYS WITH MARY: Tune in every Monday morning at 9 a.m. (ET) to watch our Executive Director Mary O’Neill report out on the comments and insights submitted via our weekly Reader Survey and listen to updates about America’s Future activities and what’s ahead at America’s Mondays With Mary.
STAY CONNECTED: You’ll find America’s Future on your favorite social media platforms. Thank you for remembering to follow us and please share our posts.
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