Thursday, February 13, 2014

Constitutional Crisis - The Affordable Care Act and Free Exercise - Knowing Your Constitution-Part III

We the People of the United States, in order to form a more perfect Union, establish Justice, and insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I.  Section I.  All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
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Amendment I  -  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.


The above sections of the Constitution of the United States of America are transcribed directly from my “copy” of the original constitution.  Over the years I have been a collector of items related to the history of the United States, and purchased this copy, which is even printed on paper treated to look “authentic" fifteen years ago.  This was about the time I felt compelled by God to take action in society in a way that is not popular for a pastor to become involved.  Or at least it was not commonly accepted at that time.

I would like to point out that on the original Constitution, the words “We the People” are, indeed, proportionately larger than the entirety of the remainder of the document as I indicate above.  I believe there is significance to that.  It is “We the People” and not “We the Government”.  Just sayin’…

While I admit I am not a lawyer, but an Ordained Bishop, I have taken it upon myself to become a student of “the law”.  In God Shed His Grace On Thee, I deal with the influence of Christianity on the formation of this great nation.  While writing this manuscript I found that early decisions of the Supreme Court were very succinct in their acknowledgement of America’s Christian foundations.  This was the general trend for one hundred and fifty years of American history until the Supreme Court ruling handed down on March 8, 1948.  In this ruling, an eight to one decision, the Supreme Court stated that “the First Amendment has erected a wall between Church and State which must be kept high and impregnable.”  It further insists that by offering voluntary classes on religious principles during public school hours in their classrooms, the Champaign Board of Education in Illinois “affords sectarian groups an invaluable aid in that it helps to provide pupils for their religious classes through use of the State’s compulsory public school machinery.  This is not separation of Church and State.”

Amazingly, this decision of the court utilizes for the second time the reference to “separation of Church and State”.  The first usage was just one year prior in a ruling that New Jersey could use State funds to provide bus service to parochial (religious) schools. (Everson v Board of Education)  It was in these tracks of thought that it began to be accepted that the First Amendment to the Constitution, specifically the first segments regarding religious freedom, indicated that there was a “wall between church and state … high and impregnable” (Everson v Board of Education - 1947). 

This phrase, “separation of Church and State”, is directly taken from the letter written by President Thomas Jefferson on January 1, 1801:

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State.

In this, President Jefferson was assuring the Danbury Baptist Association that the government would not interfere with their religious practices.  The group had written him regarding their concerns that the First Amendment to the Constitution had granted them freedom of religion, and that since it was given by the government, the government would attempt to regulate the freedom.  Jefferson’s response was to help them understand that the amendment was set to stop the government from interfering with religious activity.  He emphasized this by stating, as shown above, that a “wall of separation between Church & State” had been erected.

The Supreme Court had now entered into their opinions, by virtue of the two decisions in consecutive years, the statement of the “separation of Church and State” into law.  This has now become commonplace in its usage, and is believed by many, if not the majority of, citizens to be a part of the Constitution of the United States of America.  I will deal with more of the ramifications of this in future writings; however, today I wish to deal with a subject which is imminent in our culture.

The Affordable Care Act, (affordable?) which was rammed through Congress on a particularly partisan vote, has requirements for businesses to provide coverage for procedures and items that are in direct violation of the deeply held religious values of their owners and executives.  While I do not particularly appreciate the word “religious”, it is the commonly accepted word which represents ones moral and ethical code associated with their faith, so I will use it here.

While nearly everyone can quote the “separation of Church and State”, many are unable to quote the actual First Amendment which allegedly creates such a “wall”.  If they can muster up the ability to provide a quote, a great majority would stop after the phrase “…an establishment of religion”, and would firmly indicate their prowess of knowledge with a smug grin.  When confronted with the next phrase, they would probably scowl, not knowing to what you are referring.  The full reading of the second part of the religious freedom aspect of the First Amendment may read “Congress shall make no law…prohibiting the free exercise (of religion)”.   I say “religious freedom aspect of the First Amendment” because many do not realize it actually deals with freedom of religion, speech, the press, peaceful assembly, and petitioning Government about grievances.

Congress should not be able to pass a law which interferes with, or “prohibits” someone to freely exercise their religious beliefs.  Forcing someone as a business owner to provide services that is in direct opposition to their moral conscience through legislation VIOLATES the “free exercise” clause of the First Amendment.  In the same manner, forcing someone, through judicial or legislative direction, to bake a cake or take photographs for a marriage involving a couple who is attempting to form a union outside the moral values of the owner of such an establishment is ILLEGAL according to our Constitution.

In order to help America regain its moral compass the Believer must rise and make their voices heard in every facet of our society.  In my book, God Shed His Grace On Thee, I state the following:

It is time for Christians to set aside those minor details of faith which divide us and focus together on the Lordship of Jesus Christ.  It is time to unite as one voice to set the biblical morals and ethics specifically outlined in God’s Word before the people of the nation.

There is so much we can agree on.  We have Constitutional Rights which are being trampled on by a society gone berserk by an uninformed populace and leadership with an anti-Christian agenda.  I don’t know about you, but there are plenty of grievances I have with the government for which they need to be petitioned and held accountable for.  Our forefathers never intended us to be a people without God. 

In fact, President John Adams stated on October 11, 1798 to the Officers of the First Brigade of the Third Division of the Militia of Massachusetts, “…we have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”



May we find our bearings once again.  May we unite to bring about the change in course our nation so desperately needs.  And May God bless the United States of America.

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