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Does Cain's test for Muslims fail the Constitution?
WND ^ | 6-10-11 | Alan Keyes

Posted on 06/10/2011 2:46:32 PM PDT by Brookhaven

Herman Cain is certainly aware that the First Amendment withholds from the U.S. government the power lawfully to prohibit the free exercise of religion. But has he thought at all about the connection between that provision and the one that says that no religious test shall ever be required as a qualification for "any office or public trust under the United States"? Mr. Cain apparently believes that in today's world Americans have good reason to distrust any follower of Islam. But the Constitution explicitly prohibits officials of the U.S. government from applying religion as a criterion for public trust, whatever their individual inclinations. This means that whatever his personal predilections, as president of the United States Mr. Cain (and anyone else elected to that office) would be required to set aside his personal views. He could not as a matter of public policy take the position that an office or public trust under the U.S. government (including a seat on the Supreme Court) would be withheld from someone of the Muslim or any other religion until they dispelled to his satisfaction some prejudice (however justified it seems to him, to me or to anyone else) as to their loyalty.

(Excerpt) Read more at wnd.com ...


TOPICS: Politics/Elections
KEYWORDS: cain; hermancain; islam; keyes
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I found the people making comments to be more insightful than Alan Keyes on this particular subject:

Mark as SpamReport as AbuseD. Willard (signed in using Hotmail)

Mr. Keyes, please get yourself read-in on the difference between Islam as a religion, and Islam as a political agenda. ...

Mark as SpamReport as Abusecrescen7 (signed in using Yahoo)

Alan Keyes should be ashamed of himself, such drivel is far below his usually sound logic. First, his Constitutional "religious test" analysis is 180 degrees out of phase. The clear intent of the "religious test" clause was to not exclude all except those that practiced one certain religion. That is, could not establish a "requirement to be Catholic", for example. That does not mean that one could not exclude people who professed a religious belief that Constitutional Law was invalid. There are many Islamic leaders that profess exactly such a belief.

For Mr. Cain to state that he would be "uncomfortable" with Muslims until they demonstrated that they believed in Constitutional Law over Sharia Law, is not only reasonable but demanded by Constitution.

Mark as SpamReport as AbuseGreg Rainbolt

Exactly. Tightening job screening to a federal position of the executive brance to ensure the applicant has loyalty to the constitution is not in any way discriminatory and is much more important than political correctness. The usually sound Dr. Keyes is way off base in this one and it makes me wonder where his loyalties lie.

1 posted on 06/10/2011 2:46:38 PM PDT by Brookhaven
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To: Brookhaven

Islam is a political organization. Its overt instructions are to control the actual governing of people, muslim or not. No other religion does that.


2 posted on 06/10/2011 2:48:41 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: RobRoy

Islam is a political organization. Its overt instructions are to control the actual governing of people, muslim or not. No other religion does that.

Bears repeating......

Islam is a political organization. Its overt instructions are to control the actual governing of people, muslim or not. No other religion does that.


3 posted on 06/10/2011 2:50:18 PM PDT by Responsibility2nd (I'm a Birther - And a Deather)
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To: Brookhaven

Maybe envy.


4 posted on 06/10/2011 2:52:47 PM PDT by RobbyS (Pray with the suffering souls.)
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To: Brookhaven
From the article: But the Constitution explicitly prohibits officials of the U.S. government from applying religion as a criterion for public trust, whatever their individual inclinations...

Well, at least Keyes doesn't make the same mistake that Romney, Lds "apostle" Dallas Oaks, Evangelical Romney campaigner Mark DeMoss, and a host of FREEPERS makes about Article VI of the Constitution. At least Keyes recognizes it applies to the U.S. government -- and not voters!

The others all twist and mangle the Constitution to say what they want it to say.

Still, and I'll need to recheck the Constitution, I don't think the words Keyes uses here -- "public trust" -- are in there. That was probably Keyes' extrapolation.

And why isn't Keyes also going after Romney, who declared in 2007 that he wouldn't have a Muslim on his Cabinet?

5 posted on 06/10/2011 2:56:26 PM PDT by Colofornian (I already have a God as my leader. Why do I need ANOTHER one as POTUS?)
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To: Brookhaven

There are those who hide behind the constitution to destroy it and our liberty. The Muslims have been doing a good job of it. Peel back the layers of Islam, and you will find Satan laughing his ass off.


6 posted on 06/10/2011 2:58:02 PM PDT by pallis
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To: Brookhaven

http://www.youtube.com/watch?v=uIEeiDjdUuU&feature=player_embedded#at=11


7 posted on 06/10/2011 2:59:24 PM PDT by 353FMG
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To: pallis

**Peel back the layers of Islam, and you will find Satan laughing his ass off.**

Sadam Hussein, Adolf Hitler and Vlad Lenin are having a pretty good chuckle, too!!!


8 posted on 06/10/2011 3:05:33 PM PDT by gwilhelm56 (islam ... church of the Perpetually Offended!)
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To: Brookhaven

I’m not certain that islam is a “religion” and thus entitled to Constitutional protections. It’s something - - a theo-political system perhaps, a criminal enterprise masquerading as a religion - - but not a religion in the conventional sense. There should be a national debate on this question.


9 posted on 06/10/2011 3:05:46 PM PDT by Salvey
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Comment #10 Removed by Moderator

To: Brookhaven
Cain's not proposing an executive order that respects an establishment of religion.
11 posted on 06/10/2011 3:13:04 PM PDT by DannyTN
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To: Brookhaven

In the interview I saw, Cain was asked about having a Muslim serve in his cabinet. Cabinet positions serve at the presidents pleasure, and he can appoint or not appoint anyone he wants based on whatever criteria he wants (subject to Senate confirmation of course). That is not a religious test for office, anymore than a citizen not voting for a candidate because he is, say Mormon, is, Passing a statute that no Muslim can hold a cabinet position would be.


12 posted on 06/10/2011 3:17:26 PM PDT by Hugin ("A man'll usually tell you his bad intentions if you listen and let yourself hear it"--- Open Range)
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To: Bockscar
"Any 'oath' they swear is not valid because they are permitted moreover even encouraged to lie if it will advance their agenda."

That's the problem with Cain's proposal. It's not the constitutionality of singling out a particular religion for a loyalty test. In the worst case, if ruled unconstitutional, that could be overcome by going through the expense of testing all employees regardless of religion.

But how good are the results of a loyalty test given the Muslim practice of Taquiya?

13 posted on 06/10/2011 3:17:41 PM PDT by DannyTN
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To: EternalVigilance

ping


14 posted on 06/10/2011 3:19:53 PM PDT by Artemis Webb (Perry 2012! A Conservative who can win!)
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To: Bockscar

The fact is, a constitutional loyalty test would be great to apply to Congressmen, Presidents, Cabinet members, etc.


15 posted on 06/10/2011 3:20:07 PM PDT by DannyTN
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Comment #16 Removed by Moderator

Comment #17 Removed by Moderator

To: Artemis Webb

The plumb line:

The U.S. Constitution

Article VI

Clause 3

“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”


18 posted on 06/10/2011 3:28:01 PM PDT by EternalVigilance (Some of us still 'hold these truths to be self-evident'..Enough to save the country? Time will tell.)
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To: DannyTN; All

Keyes is correct. I doubt that many would win getting into a debate with him about what the constitution says.

Cain is foolish if he thinks he could obtain “proof” that any prospective nominee for and office or public trust (and that term IS in the constitution is loyal. A Muslim would just lie if he wasn’t.

Cain has no chance anyway so this is a tempest in a teapot which he has stumbled into.

Cain is the new Keyes both of whom I like and admire but neither of whom can win even a lesser office much less the nomination.


19 posted on 06/10/2011 3:29:27 PM PDT by arrogantsob
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To: Brookhaven

No, individuals who are member of anti-truth, anti-freedom, anti-individual, anti-life collectives need to be examined VERY closely. The U.S. Constitution is not a collectivist/totalitarian document. (It may devolve into that...(thanks anti-federalists)).

Life, liberty and the pursuit and destruction of totalitarians.


20 posted on 06/10/2011 3:29:44 PM PDT by PGalt
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