POC NL #28 - Another nail in the coffin of abusive, tyrannical, and unconstitutional federal judicial rulings.
Let’s be magnamous for a moment and assume the Court * got it right when they incorporated the Bill of Rights into the 14th Amendment and applied these protected rights back against the states as a club. The 1st Amendment as applied would then read:
“States shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …”
If we make this assumption, it is imperative that we understand the meaning of: “make no law” which is obvious, and
“… an establishment of religion … .”
Webster’s 1828 definition of:
ESTAB'LISHMENT, n. The act of establishing, founding, ratifying or ordaining.
RELIGION, n. 1. Religion … includes a belief in the being and perfections of God, in the revelation of his will to man, in man's obligation to obey his commands, in a state of reward and punishment, and in man's accountableness to God; … with the practice of all moral duties. 2. Religion…, is godliness … in practice, consisting in the performance of all known duties to God and our fellow men, in obedience to divine command, …. James 1.
3. Religion…consists in the performance of the duties we owe directly to God, ...
Let us with caution indulge the supposition, that morality can be maintained without religion.** (See full definition)
Given the definitions in place when the 1st Amendment was passed, the state would have to make a law establishing a system of: “… belief in the being and perfections of God, … ,” and requiring: “…the practice of … moral duties…” in order to violate the amendment.
Current definitions found in The American Heritage Dictionary, third edition:
es•tab•lish•ment n. 1.a. The act of establishing. b. The condition or fact of being established. 2.Something established, as: a. An arranged order or system, ...
re-lig-ion n. 1.a. Belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe. b. A personal or institutionalized system grounded in such belief and worship. …. 3. A set of beliefs, values, and practices based on the teachings of a spiritual leader. 4. … To accept a higher power as a controlling influence for the good in one's life.
Even current day definitions would require the state to pass a law that established “…. An arranged order or system…” of “Belief in and reverence for a supernatural power or … creator and governor of the universe… and [require] practices based on the[se] teachings… ”, in order to violate the 1st Amendment.
The placement of the Ten Commandments, religious artifacts, symbols, etc., on public property, recognizing the Christian religion as the basis of our culture, our freedoms, and system of laws, does not:
1. Make a law.
2. Establish anything, except to chronicle our history and culture.
3. It doesn’t force or require anyone to believe in or practice any religious tenants, teachings, or doctrines.
Courts, schools, and other public gatherings that allow voluntary prayer also fail to make laws establishing religion, or require any change in one’s beliefs and practices. ONLY legislatures and congress can make LAWS ESTABLISHING RELIGION - Not individuals like Judge Roy Moore, or school boards, principles, teachers, PTAs, etc., and only people can choose to believe or practice religion.
Sadly, it is the courts that are out of control and making rulings based on their own flawed precedents with NO constitutional support. These precedents are then applied as if they were laws to deprive citizens and our institutions of the very religious rights the 1st Amendment was created to protect by, “…prohibiting the free exercise thereof,…”.
* A normal convention is to capitalize Court when it is the Supreme Court
** Click here to see the entire definition of religion, or paste this URL into your browser address window:
The next POC NL will explain the safeguard Congress added to the 14th Amendment to place the responsibility for correcting abuses in the hands of Congress, NOT the Court.
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