IBJOpinion

Constitution allows free exercise of religion

April 2, 2010
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
IBJ Letters To The Editor

As Bruce Hetrick correctly points out in his [March 22] essay, “No Martha, the majority does not always rule,” the majority doesn’t always get its way. The United States is a republic and not a “democracy” per se, which is the reason for such seemingly arcane institutions as the Electoral College. However, he is incorrect in applying Ken Falk’s logic that you can’t vote to violate someone’s Constitutional rights. Quite the contrary, it happens all of the time.

Liberal jurists since World War II have stopped interpreting the founders’ original intent and instead use the Constitution to justify “progressive” legal interpretations. There are numerous examples of this, including Roe vs. Wade. It is up to Congress to pass laws, not the courts to issue laws by fiat.

In the case of First Amendment rights, liberal jurists have built an impenetrable “wall of separation” through use of the “Establishment Clause.” It takes liberal interpretation of the text contained within the Constitution to conclude that this wall even exists. This has been done to the exclusion of the other, equally important part of the same First Amendment, which says that Congress can’t pass any laws which prohibit the free exercise of religion. It doesn’t say what religion, just that there can be no prohibition.

Liberal jurists and extreme left-wing judicial activist groups like the American Civil Liberties Union conveniently overlook the other side of the First Amendment religious argument. To my knowledge, Congress hasn’t passed any laws with respect to free exercise or the establishment of a state religion, which renders any argument about the constitutionality of a school prayer moot.

Hetrick and Falk are both wrong on this one.

____________

Craig Gigax

ADVERTISEMENT

  • You Are Correct
    John Edmond you are exactly correct. People make way too much of that claim we are a republican and not a democratcy. Historians point to the language used at the time and that one of the definitions for republic is "democracy."
  • Democracy Defined
    I've noticed that for some reason people on the far right often point out(wrongly) that the government of the United States "is a republic, not a democracy." I'm not sure if they think it makes them look more knowledgeable, or if its just another way of suggesting that they're simply the oppressed victims of their represetatives in Washington. However, a republic IS a democracy. Indeed, my dictionary defines the term "democracy" to mean "government by the people or by their elected representatives."

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. Kent's done a good job of putting together some good guests, intelligence and irreverence without the inane chatter of the other two shows. JMV is unlistenable, mostly because he doesn't do his homework and depends on non-sports stuff to keep HIM interested. Query and Shultz is a bit better, but lack of prep in their show certainly is evident. Sterling obviously workes harder than the other shows. We shall see if there is any way for a third signal with very little successful recent history to make it. I always say you have to give a show two years to grow into what it will become...

  2. Lafayette Square, Washington Square should be turned into office parks with office buildings, conversion, no access to the public at all. They should not be shopping malls and should be under tight security and used for professional offices instead of havens for crime. Their only useage is to do this or tear them down and replace them with high rise office parks with secured parking lots so that the crime in the areas is not allowed in. These are prime properties, but must be reused for other uses, professional office conversions with no loitering and no shopping makes sense, otherwise they have become hangouts long ago for gangs, groups of people who have no intent of spending money, and are only there for trouble and possibly crime, shoplifting, etc. I worked summers at SuperX Drugs in Lafayette Square in the 1970s and even then the shrinkage from shoplifting was 10-15 percent. No sense having shopping malls in these areas, they earn no revenue, attract crime, and are a blight on the city. All malls that are not of use should be repurposed or torn down by the city, condemned. One possibility would be to repourpose them as inside college campuses or as community centers, but then again, if the community is high crime, why bother.

  3. Straight No Chaser

  4. Seems the biggest use of TIF is for pet projects that improve Quality Of Life, allegedly, but they ignore other QOL issues that are of a more important and urgent nature. Keep it transparent and try not to get in ready, fire, Aim! mode. You do realize that business the Mayor said might be interested is probably going to want TIF too?

  5. Gary, I'm in complete agreement. The private entity should be required to pay IPL, and, if City parking meters are involved, the parking meter company. I was just pointing out how the poorly-structured parking meter deal affected the car share deal.

ADVERTISEMENT