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.
