Tag Archives: US Constitution

Yes, Mr. Justice, ‘religious neutrality’ is in the Constitution

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I am about to do something that gives me the heebie-jeebies. I am going to challenge a premise by one of the nine people who serve on the U.S. Supreme Court.

Justice Antonin Scalia told a group of high school students this weekend in New Orleans that the U.S. Constitution does not compel “religious neutrality.”

Well, Mr. Justice, I believe it does.

Scalia, a deeply religious Roman Catholic, told the students that the Constitution prohibits government from adhering to a specific religion, but it does not compel government to ban references to religion in general.

He said it’s all right for government officials to invoke God in public.

Sure it is. Presidents of both parties have been ending public speeches for as long as I can remember — and that goes back a ways — with the words ” . . .  and may God bless the United States of America.”

But I have been reading the Constitution since I was old enough to read anything and I can find precisely two uses of the word “religion” or “religious” in that document. It’s in Article VI, where it says there shall be “no religious test” required of any individual seeking any public office at any level in the United States of America; and it’s also in the very First Amendment, where it says Congress “shall make no law respecting an establishment of religion or prohibiting the free exercise thereof . . . ”

The rest of it is secular by design.

I agree with Justice Scalia that “God has been good to us” as a nation. But he seems to be getting a bit ahead of himself when he implies that “religious neutrality” seems intended to deprive Americans the right — or the desire — to worship as they see fit.

The individuals who founded this nation knew exactly what they were doing when they created the Constitution. They meant for it to be free of religious dogma. Yes, some have taken that intent too far by suggesting that we should remove “In God We Trust” from courtroom walls or from our currency.

However, I happen to quite comfortable with “religious neutrality” as it relates to our government.

I’m still free to go to church and pray to God. I will do so again today.

 

Hey, didn’t JFK settle this religious thing already?

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I’ve always thought — or hoped, at least — that John F. Kennedy’s 1960 speech in Houston settled the notion that a candidate’s religion should have no bearing on whether he could serve as president of the United States.

He told some Protestant clergy that the Vatican would not dictate to the Catholic candidate how he should govern, that he would swear to be faithful only to the U.S. Constitution.

Well, silly me. The issue is coming up again. The target this time is Dr. Ben Carson, the famed neurosurgeon whose faith is of the Seventh-day Adventist variety.

Donald Trump raised the issue the other day in typical tactless Trump fashion. Now comes a well-known lefty commentator, David Corn, editor of Mother Jones, to wonder aloud whether Carson’s faith would inform the way he would govern should he “take control of the government.”

This is a ridiculous debate.

First of all, presidents don’t control the government. We have this notion that power is spread among two other governmental branches — the courts and the Congress.

The Constitution says there should be “no religious test” for candidates seeking any public office. That includes the presidency.

Yes, Carson has brought up his own faith. He’s talked about how his faith would guide him. He hasn’t said he would toss the Constitution aside any more than then-Sen. Kennedy said he would more than five decades ago.

Corn is playing to voters’ fears when he says of Carson: “Now, he is running on the basis that he has faith. And I think it’s going to open, you know, a big can here. Because, you know, he does come from a church that believes in end times, prophesies, and he’s said he believes in the church’s teachings.”

A simple declarative question is in order: Dr. Carson, do you vow to uphold the law under the Constitution of the United States?

I believe he’s already pledged to do so.

 

More guns means less mayhem?

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The processing of the latest gun-violence massacre is continuing across the nation — perhaps even the world.

Nine people were gunned down in Roseburg, Ore., this past week and we’ve heard the mantra from gun-owner-rights advocates: If only we could eliminate these “gun free zones” and allow more guns out there …

The idea being promoted — and I haven’t yet heard from the National Rifle Association on this — is that more guns in places such as Umpqua Community College, where the Roseburg massacre occurred, could have stopped the madman.

NRA executive vice president Wayne LaPierre said infamously after the Newtown, Conn., bloodbath that killed 20 first graders and six teachers, that the “only way to stop a bad guy with a gun is with a good guy with a gun.”

I’m not in favor of disarming American citizens. I believe in the Constitution and the Second Amendment, although for the life of me I still have trouble deciphering its literal meaning: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The question has been posed: When did “well-regulated Militia” get translated to meaning the general population? Still, the courts have ruled time and again that the Constitution guarantees firearm ownership to all citizens. I’m OK with that.

But I am not OK with the idea that more guns means less violence, less mayhem, less bloodshed, fewer deaths and injuries.

Surely there can be a way to tighten regulations gun ownership in a manner that does not water down the Second Amendment, one of the nation’s Bill of Rights.

If only our elected representatives could muster the courage to face down the powerful political interests that simply will won’t allow it.

 

Terror vs. gun deaths

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Here’s an interesting statistic that today drew some attention on one of the many Sunday morning TV news/talk shows.

In the past decade, 153,144 people have died in this country from gun violence; 3,046 individuals have died at the hands of terrorists during that same period.

This came from Chuck Todd, moderator of “Meet the Press,” citing the stats provided by the Centers for Disease Control and Prevention.

He asked Rich Lowry, editor of the National Review, about whether the country needs to do as much to combat gun violence as it has done to battle terrorism.

Lowry gave a reasonable and intelligent answer, which was that government’s fundamental role is to protect citizens against foreign enemies; he added that any gun-related action “on the margins” won’t do anything and that more comprehensive action runs the risk of infringing on the Constitution’s Second Amendment right to “keep and bear arms.”

Meet the Press tackles gun violence

The discussion was fascinating.

Still, I’m a bit baffled by the fact that with such a huge disparity between gun-violence deaths and terror-related deaths, we still have been unable — or unwilling — to deploy government’s machinery to impose additional restrictions on gun ownership that does not infringe on citizens’ right to own a firearm.

After all, the government created a whole new Cabinet-level agency — the Department of Homeland Security — immediately after the 9/11 terrorist attacks.

Still, madmen take guns into public places and massacre thousands more innocent victims … and we do nothing?

 

Texas AG speaks to the faithful

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Texas Attorney General Ken Paxton has been quiet lately … since his indictment in Collin County on charges of securities fraud.

The case hasn’t yet been settled. Paxton, though, spoke to a conservative political group, Texas Values, and asserted that Christians are being “marginalized” in public life.

I believe I’ll disagree with him on that.

Paxton calls for Christians to seek public office

I agree with the attorney general that people of faith should run. They should rely on their faith to inform their decisions. I cannot question either of those two notions that Paxton put forward.

Then again, I welcome people without faith to run as well. This country belongs to them as much as it belongs to believers.

Moreover, I have to draw the line on the idea that the so-called “marginalization” is anything new.

The U.S. Constitution has been quite clear on the role that faith should play in government. The founders knew what they were doing when they omitted the very word “religion” in the document. The only reference comes in Article VI, which declares that “no religious test” shall be applied to candidates running for public office.

Isn’t that crystal clear? It is to me.

Not to Paxton, apparently.

According to the Texas Tribune: “It’s important to understand opponents of religious liberty aren’t going away anytime soon,” said Paxton, a Republican, as he spoke to a crowd of about 100 people gathered at Pflugerville’s First Baptist Church. “We must refuse to be marginalized in the name of political correctness.”

Political correctness? What’s he talking about?

Religious liberty is a comprehensive term. It means different things to different people. To some, it means that we should be free to practice whatever faith we wish. To others, sadly, it means believing only in the faith they worship, as many Muslim-Americans have learned over the years when they encounter protests from non-Muslims.

And to even more Americans, the term “religious liberty” means being guaranteed the right to not worship any faith at all.

I do not believe what Paxton said in Pflugerville that there’s been an “ugly and frightening turn of events” that turns on people of faith who seek and hold public office.

If he’s referring to that Kentucky county clerk who refuses to grant marriage licenses to gay couples — and I suspect that’s Paxton’s point of reference — I’ll just remind him that she took an oath to serve all the residents of her county.

Even those who are gay.

 

What harm do background checks bring?

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I am a law-abiding, taxpaying, loyal American patriot, who once wore my country’s uniform and went to war to protect it.

I also own a couple of rifles. They’re hidden away. I don’t take them out very often.

But as the nation today ponders the impact of the latest mass shooting by a maniac, this time at Umpqua Community College in Roseburg, Ore., I am compelled to ponder: What would happen if I went to a gun store to purchase a firearm and was forced to wait a few days while the government performed a background check?

President Obama has called yet again for more stringent laws that might help prevent future maniacs from getting their hands on a gun.

Gun-rights groups — chiefly the National Rifle Association — will argue against any such action, contending it would violate the Second Amendment guarantee that Americans have the right to “keep and bear arms.”

Suppose we had mandatory background checks.

I’d go into the gun store. I’d select my weapon of choice. I would pay for the firearm. But I couldn’t take it home. Why? The business owner would submit my name to, say, the FBI or the Bureau of Alcohol, Tobacco and Firearms for that mandatory federal background check.

I would wait a number of days. Let’s say it’s a week.

The check comes back. I’m clean. I can then pick up my firearm, take it home … and perhaps store it along with the two rifles I already own.

Have my Second Amendment rights been “infringed”? Have I been denied the right to “keep and bear arms”? Is the government going to disarm me?

No to all three things.

Why on God’s Earth can’t we enact a law that might prevent someone else from committing the kind of dastardly act that took place today in Roseburg?

 

Here we go again … more gun violence

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The list of cities and towns that have become synonymous with gun violence keeps growing.

Littleton, Austin, Blacksburg, Tucson, Newtown, Charleston, Aurora, Killeen. I know I’ve missed a few.

Let’s add Roseburg to that infamous list. A gunman today opened fire at Umpqua Community College in southern Oregon. Ten people were killed.

The gunman died in a fire fight with police.

Gun violence erupts again

This one hurts. It happened in my home state.

I’ll tell you just a bit about Roseburg. It’s a conservative community. Douglas County derives much of its income from logging. It’s a pretty part of the state, rather peaceful … really! Many residents there like to hunt deer and elk.

But here’s the latest version of the same question many of us keep asking when these spasms of violence erupt: Isn’t there a way to impose reasonable regulations that can keep guns out of the hands of maniacs while protecting the rights of law-abiding citizens?

I know what the Second Amendment says. It ends with the phrase ” … the right of the people to keep and bear arms shall not be infringed.”

I endorse that principle. Honestly.

However, I keep coming back to the idea that stricter regulations — such as background checks on every person who purchases a firearm — can protect citizens’ right to “keep and bear arms” while denying permission to others who might pose a threat to society.

Gun-rights group and their powerful allies in Washington believe we have enough regulations on the books already. Bad guys will get guns no matter what, they contend.

If that’s the case, that no additional regulation is going to stop forever the kind of senseless carnage that erupted today in Roseburg, then are we going to just continue with the status quo and do nothing to tighten the rules that could prevent someone in the future from doing what that maniac did today?

The status quo is not working.

 

Pope steps into U.S. political struggle

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Pope Francis got a lot of love from Americans during his whirlwind trip to the United States.

Much of it is deserved. I join many others in applauding the Holy Father’s humanity and humility.

Then he said something today that I find, well, not quite so praiseworthy. He said upon returning to the Vatican that U.S. elected officials have the right to object to performing their duties on matters of conscience.

At issue: gay marriage.

Your Holiness, I believe you are mistaken.

Francis gets it wrong

There, I said it. I hope I’m not struck down for criticizing the pope.

“Conscientious objection must enter into every judicial structure, because it is a right,” he told reporters while flying to Rome.

Fans and allies of embattled Rowan (Ky.) County Clerk Kim Davis are no doubt cheering the pontiff. She has refused to issue marriage licenses to gay couples on the basis of her religious faith, which she said opposes gay marriage.

The pope agrees with her, which is his right.

Back to his point about “conscientious objection.” Americans who get elected to public office take a secular oath, even though many of the oaths instruct them to say “so help me God.” Still, the standard oath doesn’t give officeholders the option to object to doing certain duties because their conscience won’t allow it.

It’s a secular oath that binds the officeholder to upholding the laws of the land.

The Supreme Court upheld a challenge to a law — in Kentucky — that banned gay marriage. A gay couple sued and the high court ruled earlier this year that the Constitution’s 14th Amendment guarantees equal protection under the law for gay couples who want to marry.

So, the county clerk must follow the law.

She is free to quit her public job. She also is free to campaign as a private citizen to make gay marriage illegal. Contrary to what the Holy Father believes, though, Davis or any other public official isn’t free to invoke his or her personal belief in the performance of their public duty — when it discriminates against Americans.

Surely His Holiness knows this.

Hey, I still love the guy.

 

 

Religion takes center stage

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Bobby Jindal says Donald Trump isn’t really a Christian.

Ben Carson said — initially, at least — that a Muslim isn’t fit to be president.

Mike Huckabee says Barack Obama is trying to “criminalize” Christianity and that the president is a “pretend” Christian.

Can we stop — please! — with the religion rhetoric?

Jindal was just the latest to ridicule another Republican presidential candidate’s statement of faith. Trump had spoken to the Values Voter Summit and proclaimed his deep Christian faith. Jindal followed him and said Trump has never read the Bible and that he believes only in himself.

Religion has no place here

I kind of get where Jindal, the Louisiana governor, is going with the Trump jabs. Trump opened himself up to the ridicule by proclaiming to a group of zealous conservatives that he’s one of them. Jindal, I suppose, has the right to challenge one of his rivals’ assertions in that regard.

But this continual back and forth regarding candidates’ faith is getting tiresome and, frankly, it misses a critical point about electing the next president of the United States.

The point is that the president is head of a secular state and government. We can argue until hell freezes over about what the founding fathers intended when they wrote the Constitution. But the finished document is as secular as it can possibly be.

The First Amendment spells it out. Congress shall make no law that establishes a state religion, it says. Isn’t that enough evidence of what the founders intended when they established the Bill of Rights in the nation’s government document?

So, let’s cut the talk about who’s a real Christian?

It does not matter.

 

 

Shocking! County clerk joins GOP

Old fashionet American Constitution with USA  Flag.

There once was a time when I argued that many county offices should be made non-partisan … with county clerks being among them.

Kim Davis, the Rowan County, Ky., clerk who’s been in the news lately has demonstrated that perhaps my earlier view was, well, not entirely correct.

Davis today switched from Democrat to Republican, saying that the Democratic Party left her long ago.

Davis joins GOP

Why comment on this? Davis is the county clerk who said she couldn’t issue marriage licenses to gay couples. So, she quit issuing licenses to anyone. She refused to do the job she took an oath to do, which is serve the public and to obey the laws of the land. A federal judge found her in contempt of court, then tossed her into jail for a few days; the same judge released her and then former Arkansas Gov. Mike Huckabee — a GOP candidate for president — volunteered to go to jail in her place.

Oh, please.

The public include gay citizens. The laws of the land allows gay people to get married, just like straight people.

Davis said she is acting according to God’s will. God, she said, disapproves of gay marriage. Therefore, she is empowered to flout the oath she took.

Wrong, Ms. Davis.

You are not free to quit performing your job as long as you hold the title of “county clerk.”

With that, she joined the Republican Party. Does the GOP approve of elected public officials tossing aside their sworn oath?

Man, I hope not.

Oh well, if she feel more at home in the GOP, then that’s her call.

Just do your job, Mme. Clerk … or else quit.