Archive for the ‘US Congress’ Category

Breaking Down the First Amendment – Part I

Tuesday, November 24th, 2009

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” – Amendment I, United States Constitution

Interpretation of the Constitution can be tricky, especially considering the language used over 200 years ago. Reading the writings of our founders is exciting and inspiring – that is, of course, once you can get past the sentence structures that are eerily reminiscent of the rambling messes in German literature. Anyway, let’s split the first part of the Amendment into digestible clauses:

  • Congress shall make no law respecting an establishment of religion.
  • Congress shall make no law prohibiting the free exercise of religion.

The wording is pretty clear. Amazingly, though, many people miss the first word, Congress. The First Amendment does not refer to the government as a whole, but merely the United States House of Representatives and the United States Senate. When combined with the rest of the Constitution, the Amendment states that Congress cannot mandate an official religion, nor can it prohibit anyone from practicing their religion, and in addition, the Supreme Court and lower courts must decide cases in which Congress established an official religion or prohibited the free exercise of religion. No more, no less.

Our courts, as a result of the First Amendment, have no power regarding religion beyond operating as checks and balances to Congress. Moreover, the law clearly allows government to practice religion as long as Congress does not mandate the practice thereof or prohibit others’ practice of religion. As the Amendment is written, the free exercise of religion may not be prohibited This can be proven widely – Congress opens its sessions with prayer. The United States Supreme Court opens with prayer and the crier says, “God save the United States and this honorable court.” But who better to trust than the men who wrote and inspired our founding documents themselves? Thomas Jefferson, who drafted the Declaration of Independence, and James Madison, the “Father of the Constitution,” regularly attended voluntary church services in the House of Representatives [1].

Recently, the United States Supreme Court heard arguments regarding the display of a cross originally erected by the Veterans of Foreign Wars on government land in the 1930s in southeastern California. A retired National Park Service employee had objected to its display, and in 2002 a federal judge in California ordered the government to stop displaying the cross, a decision upheld in 2004 by the Ninth Circuit of the United States Court of Appeals [2]. However, the Supreme Court is specifically restricted from deciding cases outside of the Constitutional jurisdiction – in this case, it is prohibited from ruling on a case regarding religion for which Congress took no part.

I’m blown away that the federal courts are even looking at this case. We’ve already established that the courts can only decide cases in which the federal Congress has violated the First Amendment. The plaintiffs argue that the cross violates the establishment clause, but I’m still trying to find that law that Congress made which established or mandated an official religion. That would be a pretty grand leap of logic, akin to concluding that, if I were to agree with President Obama on an issue, that I fully and unquestioningly support him for President in 2012 and will force everyone else to support him. The connection doesn’t exist. The same goes with the display of the Ten Commandments outside a federal courthouse – in that case as well, Congress had made no establishing law, but the frivolous courts were certainly happy to stamp out the free exercise of religion.

The beauty of the original Amendment, like the rest of the Constitution, is that it caters to persons of all beliefs. A nation which mandates no religion (or lack thereof) and openly permits exercise of all forms of religion is truly free. A nation which forces atheism upon the people, in whole or in part, is certainly not free. This is ultimately the direct result of corruption in the courts, a system caught in the stranglehold of my-way-or-the-highway egoists.

Our nation is so incredible due to the wide variety of people of whom it is comprised and two whom its laws grant freedom. I still struggle to comprehend the progressive agenda which at once praises inclusiveness and diversity while in the background silently snuffs out the voices of dissenters. Furthermore, I fail to understand the conservative idea that the Constitution is of utmost importance yet they ignore the right of people to live life as they would. Ultimately, neither group wants unity among diverse peoples, instead desiring your rank-and-file uniformity and subservience.

In the end, who do you trust more – the men who wrote the Constitution or a power-tripping federal judge in California some 215 years removed, wholly incapable of reading plain English?

Today’s call to action: We’ve been putting together some material on what we can do about this mess. Forward this website to a friend and stop back tomorrow as we talk about returning to our principles and making this nation a land of free men and women, acting without the burden of an overzealous, greedy, and unsustainable government.

1. “Religion and the Founding of the American Public,” loc.gov, November 24, 2009.
2. “Religion Largely Absent in Argument About Cross,” nytimes.com, October 7, 2009.

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Lessons of Leadership – Part I

Monday, November 16th, 2009

“I cannot accept your canon that we are to judge Pope and King unlike other men with a favourable presumption that they did no wrong. If there is any presumption, it is the other way, against the holders of power… Power tends to corrupt, and absolute power corrupts absolutely.” – Sir John Dalberg-Acton

How would you like to have a job where you could break the law without fear of punishment? It’s simple – become a congressman.

We’ve all worked with good and bad leaders in the past. For a leader to effectively perform his or her job, he or she must be capable of rallying and motivating the team members, championing the cause. Whether it be in the military or in a civilian job, a leader is often the first to act, showing others it’s okay to join.

George Washington was a master at this, explained in detail in the book, “The Real George Washington.” Frequently, Washington’s officers wrote in frustration that the commander-in-chief often acted in a manner likely to get him killed, which could have easily spelled the end of the American Revolution.

As one battle opened, Washington stoically rode out ahead of the entire Continental Army, within thirty yards of the redcoats. He was immediately engulfed in gun smoke from both sides, causing his officers to fear that when the smoke cleared, their commanding general would be dismounted, lying motionless on the ground. Later, at the siege of Yorktown, the general was often active in the trenches with his soldiers, being frequently sprayed with dirt from the thunderous cannonball blasts around him. This tenacity was also shared by other leaders like Alexander Hamilton who, just a few hundred yards from Washington, risked his life as he rode ahead, storming heavily-defended redoubts along the York River, climbing over giant felled trees and dirt embankments as bullets whizzed by him.

Unfortunately, among our nation’s political leaders, those days are long gone. Many bills, including the recent health care bill, do not apply to our congresspersons. While we are staring a massive health care entitlement in the face which threatens to increase taxes, cut benefits, discourage physicians from practice, and limit freedom of choice, our congresspersons are disappointingly (though not surprisingly) exempt.

In contrast to real leaders, our politicians are often the first to cast blame and point fingers yet last to admit wrongdoing. Charles Rangel (D, NY) has finally admitted to lying on his taxes from 2002 to 2006, but there’s still no resolution after a year of investigation [1]. David Vitter (R, LA) was caught soliciting prostitutes, but was not disciplined in part because his actions “did not involve his professional conduct” [2]. And, often times, the disciplinary action taken involves a mere admonishment and nothing more.

Honestly, it’s not that much to ask. It would be nice to feel that our government representatives actually believe the words coming out of their mouths. It would be nice to be able to listen to them and be able to focus on their words without being overcome with the sneaking feeling that we’re being lied to.

1. “Ethics Committee Expands Rangel Investigation,” huffingtonpost.com, October 8, 2009.
2. “Scandals, but No Censure; Congress Struggles to Police Members,” nytimes.com, October 17, 2009.

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That’d Be Too Easy

Thursday, November 12th, 2009

“Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.” – George Washington

Wiry and of medium height with a long, grey pony tail, my middle-school art teacher was still one of the more intimidating teachers we ever had in school. He was also one of the most influential. If you did something wrong, Mr. Streed was on you like a rabid wolf on a rabbit. One of the things I remember most was his most famous saying. If a student did something to make his or her life more difficult and was asked why, the student often replied with a blank stare. Immediately, Mr. Streed would sarcastically respond, “of course, that’d be too easy!”

That statement is still relevant every day, and something I get to laugh about whenever I end up doing something the hard way or the long way. Less funny, though, is how applicable that quote is to our government.

According to an October Thompson Reuters report, our national health care system wastes between $505 billion and $850 billion every year. Of that, 22 percent, or approximately $200 billion, is comprised of fraudulent Medicare claims, kickbacks and other scams [1]. That means your average family of four is paying $2,400/year just to fund this fraud. And since we pay for it with borrowed money, the cost is even higher. With the numerous alarms going off about this problem, why is it part of a massive health care bill which may not even pass? Why not solve the problem independently? Why are we so silent on this issue that the government could not seem to care less? Because that’d be too easy.

Congress is again discussing yet another stimulus bill. Let’s get this straight: a stimulus should promote hiring and investment in the economy. Naturally, that can only happen if people have the money to do that. It’s been noted repeatedly that 64% of all new jobs in the last 15 years were created by small businesses [2]. In response, the government has: a) bailed out big businesses, not little ones, b) threatened to increase capital gains taxes, c) threatened to impose new health care costs, d) spent money on projects which won’t encourage growth, like $150 million on unused airports [3], and e) refused to reduce the federal corporate tax rate, one of the highest rates in the world [4]. Instead of scaring small businesses into inaction, why doesn’t the government just cut taxes on small businesses? Because that’d be too easy.

Our Constitution severely limits the powers of our federal government, in part to keep giant messes like the above from happening. Unfortunately, these days, our Constitution seems to mean little to those in Washington.

Today’s call to action: Read Article I of the Constitution to review the powers expressly given to Congress. You can find the document right here on the right sidebar under Resources.

1. “Heathcare System Wastes up to $800 Billion a Year,” reuters.com, October 26, 2009.
2. “Frequently Asked Questions,” sba.gov Office of Advocacy, November 12, 2009.
3. “Murtha’s Earmarks Keep Airport Aloft,” washingtonpost.com, April 19, 2009.
4. “Tax Rates Around the World,” worldwide-tax.com, November 12, 2009.

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