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The Way Back to Religious Liberty
Townhall.com ^ | January 25, 2018 | Robert Knight

Posted on 01/25/2018 9:10:49 AM PST by Kaslin

In early January, the Federal Emergency Management Agency (FEMA) overturned a longstanding policy that forbade churches from getting federal disaster relief money.

The rule change by the Trump Administration affected any houses of worship that were damaged on or after August 23, just before Hurricane Harvey devastated large areas of Texas and especially the Houston area. It was a welcome relief also to congregations in Florida, Georgia and South Carolina in the path of Hurricane Irma, and to church communities in Puerto Rico that endured Hurricane Maria.

What might seem to be a neutral stance – that all damaged buildings in a disaster area could apply for aid financed by U.S. taxpayers – was denounced by atheist groups as a violation of the “separation of church and state” doctrine that has governed church-government relations since a series of Supreme Court rulings in the 1940s.

Beginning with Justice Hugo Black’s misapplication in Everson v. Board of Education (1947) of a reference in a letter from Thomas Jefferson to the Danbury, Connecticut Baptists promising a “wall of separation” between church and state, the court effectively abandoned neutrality for hostility.

Federal officials’ initial singling out of religious institutions for denial of disaster aid is just one of many consequences from that serious misreading of President Jefferson’s letter -- and of the First Amendment. As historian David Barton notes, liberals now use the First Amendment as a sword to attack religious freedom, while conservatives use it as a shield.

Wrong-headed rulings have fundamentally transformed many constitutional protections into their opposite, but nowhere has more damage been done than to the First Amendment, the first part of which reads:

Wrong-headed rulings have fundamentally transformed many constitutional protections into their opposite, but nowhere has more damage been done than to the First Amendment, the first part of which reads:

America’s Founders, and particularly Mr. Jefferson and James Madison, who championed religious liberty, would be appalled at how those very words have been twisted to advance discrimination against religious speech and practice.

But perhaps a turnaround is on the horizon.

The Trump Administration’s appointment of judges who respect the Constitution is one good sign. Another is the recent move by FEMA to undo bureaucratic discrimination. Still another is a pending Supreme Court case. On December 5, the justices heard arguments in what could produce the most important First Amendment ruling in decades.

A Christian baker in Colorado who had declined to bake a cake for a same-sex wedding invoked First Amendment protection from having to use his artistic ability to express something against his values. The case is Masterpiece Cake Shop, Ltd. v. Colorado Civil Rights Commission.

Similar cases have arisen across the nation involving bakers, wedding planners, photographers and florists, all of whom say they have no problem with serving homosexual clients but draw the line at helping to facilitate weddings. They say it is about the event, not the clients, a crucial distinction that the Court just might find persuasive.

Although all of these involve religious liberty, they could gain more support from liberals if they are based on freedom of expression. After all, these are the same folks who think nude dancing is covered, so why not expressive cake baking?

In many arenas, the courts have invented new “rights” not envisioned by the Founders or ignored specific constitutional guarantees. Without the Founders’ Biblically-based understanding of humans as flawed but redeemable, it’s easy to arrive at rulings, policies and laws that sound good on paper but are calamitous in the real world, producing a less responsible populace.

“If men will not be governed by the Ten Commandments,” G.K. Chesterton observed, “they shall be governed by the ten thousand commandments.” The less that people embrace personal responsibility, the more we need bureaucrats, police, prosecutors and prisons.

Thanks to the genius of the Framers, there is a way back. The Constitution itself is the most articulate voice in any legal matter. Since people are policy, the short answer to how we can restore America’s constitutional freedoms and ordered liberty is to elect and appoint leaders and judges who respect the original text and defeat those who do not.

Another remedy would be to impeach lawless judges, something clearly authorized by the Constitution, but almost never exercised. Maybe we need the president to declare some of these judges a disaster.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government
KEYWORDS: 1stamendment; weddingcake

1 posted on 01/25/2018 9:10:49 AM PST by Kaslin
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To: Kaslin

Churches are part of the emergency response network. They should be rebuilt as a national security issue. My church served 32,000 meals after Harvey.


2 posted on 01/25/2018 9:15:23 AM PST by buffaloguy (Bond arms Cowbot)
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To: Kaslin

Bravo, Mr. President.


3 posted on 01/25/2018 9:24:45 AM PST by Paulie (America without Christ is like a Chemistry book without the periodic table.)
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To: Kaslin
“'If men will not be governed by the Ten Commandments,'” G.K. Chesterton observed, 'they shall be governed by the ten thousand commandments.'”

Liberals/Progressives, beginning in the mid-to-late 1800's, began their effort to shift America from it firm philosophical foundation, as declared in its 1776 statement of that foundation, acknowledging reliance on "Divine Providence" for guidance, based on "Natural Laws," and accountability to a "Supreme Judge of the world."

Over the succeeding decades, and now hundreds of years, they have believed they were succeeding in, as a wise Lynn Cheney observed, "erasing" those ideas from what Jefferson declared to be "the American mind."

Suddenly, there appeared on the horizon a whirlwind called "Trump" whose un-thought-of speed has challenged even the most determined Progressives to confront the ideas of liberty assumed by America's Founders to be "self-evident" to an "enlightened" people. That "whirlwind" canceled hundreds of barriers to freedom for individuals and businesses--barriers which had blocked citizens from exercising their "Creator-endowed" rights.

And, the "truths" of America's founding period now must be confronted and countered by those Progressive minds in academia and all levels of government, because their fear must be that young individuals' minds (what they call the "millennials") might just be opened to those "truths" and have their own "Declaration of Independence" from a government which has been imposed upon them by their self-centered and arrogant elders.

Their fear is causing a ruckus, as they scurry around trying to "shush" (remember her?) people like Professor George, an academic who dares to influence youth toward the ideas of liberty.

4 posted on 01/25/2018 9:42:25 AM PST by loveliberty2
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To: Kaslin
Beginning with Justice Hugo Black’s misapplication in Everson v. Board of Education (1947) of a reference in a letter from Thomas Jefferson to the Danbury, Connecticut Baptists promising a “wall of separation” between church and state, the court effectively abandoned neutrality for hostility.

Jefferson's Letter to the Danbury Baptists

The Final Letter, as Sent To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

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. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th Jefferson

Jan. 1. 1802.


5 posted on 01/25/2018 11:37:58 AM PST by conservatism_IS_compassion (Presses can be 'associated,' or presses can be independent. Demand independent presses.)
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To: Kaslin
For a hardcore Conservative perspective on just how far the Left (ACLU sophistry) has misinterpreted the First Amendment, see: Leftwing Word Games.
6 posted on 01/25/2018 12:11:20 PM PST by Ohioan
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To: Kaslin

<>Since people are policy, the short answer to how we can restore America’s constitutional freedoms and ordered liberty is to elect and appoint leaders and judges who respect the original text and defeat those who do not. <>

This is a common but erroneous assumption, that implies the people of hundreds of years ago were more virtuous than those today, and all we need to do is send better people to government.


7 posted on 01/25/2018 4:21:44 PM PST by Jacquerie (ArticleVBlog.com)
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