This is one that sticks in my craw. Utah has gone to court over crosses erected on the side of the road, in memory of fallen state police officers. Atheists from Texas challenged that practice, and once again the courts have failed to up hold our Constitution, and ruled the crosses need to go.
Let me read from our founding documents, The Constitution of the United States of America- Amendment 1- Titled Freedom of Religion, Press, and Expression.
"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 of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Let me be clear for the people on the street that Jay Leno has yet to interview for his "Jaywalking" segment, there is no mention in either the Constitution, The Bill of Rights, The Declaration of Independence, nor The Articles of Confederation of a separation of church and state. What it does say is; "Congress shall make no law prohibiting the free exercise of religion." It says that because the Constitution grants Congress and only Congress the power to make laws. The Supreme Court doesn't make laws. It defines them as Constitutional or not, period. If it's not mentioned in the Constitution, it's a power of the State, not the Federal Government. Ergo, if a matter comes before the Supreme Court involving the freedom of expression of religion,( the erection of a cross), it's Constitutional,(see above).
Let me quote James Madison, "Belief in a God All Powerful wise and good, is so essential to the moral order of the World and the happiness of man, that arguments to enforce it cannot be drawn from too many sources."
The Sequicentennial Commission on the Constitution writes, "The Constitution prescribes an oath of affirmation...[that] in it's essence is a covenant with the people which the President pledges himself to keep with the help of Almighty God. Modern interpretations of the Constitution the prohibit displays of crosses in the name of religious freedom would have rightly been shouted down by the Founders, who intended no such separation."
Any judge who defines the separation of church and state as a Constitutional issue is attempting to legislate from the bench. For those "challenged" jay walker types, this means they are making law instead of defining it. When you declare something constitutional, you are defining the opposite unconstitutional, and if it's not written as such, you've set a precedent to be used in future legal arguments. Precedents are used to make law, so in effect you've done Congress's job. Not your job description, as defined in the Constitution! Your now the dreaded "Judicial Activist."
If it's not defined in the Constitution, it's not a federal matter, kick it back to the states! As noted by Amendment 10; " The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Put the crosses back, and quit rewriting the founding documents.
God Bless!
Capt. Bill
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