Posts tagged with: The Constitution

Blog author: ehilton
posted by on Wednesday, May 1, 2013

From the American Enterprise Institute: “It’s what makes America, America.”

Blog author: jcouretas
posted by on Wednesday, September 1, 2010

“Freedom of worship” has recently replaced the phrase “freedom of religion” in public pronouncements from the Obama administration, according to news reports. Ralph Benko follows up on the Washington Examiner:

President Obama’s recent formulation, “Freedom of Worship” has the religiously serious aghast. It telegraphs a subversion of faith — by defending a right not in question, the right to conduct religious feasts and fasts and ceremonies, and downgrading religion’s heart, values.

The First Amendment interdicts the making of laws prohibiting the free exercise of religion. The president now replaces a strong and constitutional word, “Religion,” with a weak and chic one, “Worship,” which is religion defined by esthetics, not ethics. Implication: the Constitution protects our steeples and liturgy, not religious values.

No wonder the nonpartisan Pew Research Center finds that only one third of Americans believe our president to be a Christian. To which the White House replies: “The president is obviously a Christian. He prays every day.” This response is a non sequitur. Devout Moslems and Jews pray every day too. The president’s rhetorical dilution of faith makes claims of “obviously” ring inauthentic.

The political elites shamelessly are in the process of “defining devotion down” to liturgy — hey kids, totally up to you to decide whether the priest faces the altar or the congregation, knock yourselves out — and delegitimize the right to advocate for laws reflecting religiously informed values. A delegitimized right collapses, which is the objective of its adversaries.

Read the whole thing: Obama, liberals are defining devotion down and the First Amendment with it.

Blog author: sgregg
posted by on Friday, July 16, 2010

There’s a reason why history is important. History is about knowing the truth about our past and therefore about ourselves. Not surprisingly, those who meddle with it usually do so from less-than-noble motives. In the latest edition of First Things, Princeton University’s McCormick Professor of Jurisprudence Robert P. George suggests that the American Constitution Society for Law and Policy has been the latest to attempt to re-write – or, more accurately, erase – history by reprinting Lincoln’s Gettysburg address and omitted the words “under God” in their reprinting. Professor George observes:

The Gettysburg Address is the set of words actually spoken by Lincoln at Gettysburg. And, as it happens, we know what those words are. (The Bliss copy nearly perfectly reproduces them.) Three entirely independent reporters, including a reporter for the Associated Press, telegraphed their transcriptions of Lincoln’s remarks to their editors immediately after the president spoke. All three transcriptions include the words “under God,” and no contemporaneous report omits them. There isn’t really room for equivocation or evasion: Abraham Lincoln’s Gettysburg Address—one of the founding texts of the American republic—expressly characterizes the United States as a nation under God.

George goes on to ask why an organization such as the American Constitution Society which, presumably, values the American constitution and other important documents in America’s legal and political history would make such an omission. Even diehard atheists, one might add, who purport to believe in truth should be asking what is going on here. It’s one thing to argue about the precise place of religion and religious-informed belief in the public square. It’s quite another, however, to try and ever-so-slightly distort the lens through which we examine the history of these matters.

Professor George, one of the world’s leading natural law theorists and a leading scholar of constitutional interpretation and civil liberties, also appears in Acton’s documentary, The Birth of Freedom, which likewise underscores the historical role played by religion and religious belief in the American Founding and other key events in America’s experiment in ordered liberty. Again, it’s not a question of whether one is a believer, an agnostic, or an atheist. It’s a matter of accurate historical memory. Nations that deceive themselves about their pasts build their present and future upon the shifting sands of lies and half-truths.

In this week’s Acton Commentary, Kevin Schmiesing looks at the exchange between Supreme Court nominee Elena Kagan and Sen. Tom Coburn over the interpretation of the Constitution’s Commerce Clause.

Elena Kagan’s Revealing Commerce Clause Evasion

by Kevin E. Schmiesing Ph.D.

Many Americans have a vague sense that the United States has drifted far from its constitutional origins. Every once in a while, something happens that prods us to recognize just how far we’ve gone.

Such was the case last week, during the Senate hearings on Supreme Court nominee Elena Kagan. One of the most widely circulated C-Span video clips was Senator Tom Coburn’s insistent question as to whether the Constitution’s commerce clause permitted Congress to pass a hypothetical law dictating that all Americans must eat a prescribed number of fruits and vegetables every day.

Kagan was clever enough to understand that what Coburn was really asking was, “Is it possible to justify the continued expansion of congressional powers—in particular recent health care reform legislation—on the basis of the authority granted by the commerce clause?” Kagan replied that the fruits and vegetables measure would be “dumb” law. She didn’t dare suggest that it would be unconstitutional, however, for she rightly recognized that she would be backing herself into a judicial corner. How many laws might she have to strike down as Supreme Court justice if she followed a “strict” interpretation of the Constitution?

Thus we’ve come to a point at which a Supreme Court nominee cannot bring herself to condemn a manifestly totalitarian law, because doing so would be utterly inconsistent with federal jurisprudence over the last 80 years. Kagan’s response shines a spotlight on the fact that the Constitution exercises little restraint upon the activities of our national government. This is dangerous territory.

There are rearguard actions from time to time. The Court invalidated campaign finance reform early this year, judging it to be a violation of first amendment rights—for which the justices were upbraided by President Obama on national television during a State of the Union Address. Yet, by and large, Congress acts with impunity to intervene in our economic affairs, usually justifying itself (in those rare cases when it feels the need to do so) by recourse to the commerce clause.

Perhaps it’s worth revisiting that passage from our founding document, on which millions of pages of federal regulation have been piled. Can it support such weight?

Congress shall have power, it says, “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” That’s it. The original purpose of this directive with respect to commerce “among the several States” was to ensure that there would be no interstate trade barriers. The formation of a vibrant national economy, the framers correctly understood, could not very well proceed when Ohio and Michigan erected tariffs against each other. So, the intent of the commerce clause was to protect the principle of free trade within the United States, leaving other financial and mercantile regulatory authority to each state.

Taking the Constitution seriously is important because the document forms the basis for the rule of law in this country. By ratifying it, the states and the citizens thereof affirmed the truth of a great paradox: Enacting limitations on ourselves is the only way to guarantee lasting and genuine freedom. It was a profoundly moral endeavor. The Christian notion of sin lay at the heart of many Americans’ belief that the tendency toward corruption and aggrandizement in government officials—and the potentially destructive whims of democratic majorities themselves—must be guarded against not only by promotion of personal virtue but also by legal instruments such as constitutional separation of powers and checks and balances.

For the most part, the Supreme Court honored the intent of the commerce clause until the 1930s, when the force of public sentiment and political pressure stemming from the Great Depression began to pry the lid off, loosing its potential as a Pandora’s box of federal government programs reaching into every corner of American life. In 1942, the Court defended a production quota on wheat set by the Department of Agriculture, upholding the prosecution of an Ohio farmer for growing too much. When he used his excess, the decision explained, he wouldn’t be buying that amount on the market. His flouting of the law thus affected interstate commerce.

Quod erat demonstrandum: The government can tell you what and how much to grow. Why can it not also tell you that you must purchase health insurance (and therefore what kind, and from which approved vendors)? And why can’t it tell you what and how much you may eat?

Our hope lies in our belief that, when a law is “dumb” enough, nine fellow Americans on the Supreme Court will have the good sense to strike it down. But we will be dependent on their sense alone. Although they will invoke the Constitution as a fig leaf for whatever judgment they render, we know the truth: Its value as a curb on government action—and therefore as a safeguard of freedom—was all-but-destroyed long ago.

Blog author: ken.larson
posted by on Tuesday, February 2, 2010

Revive is a word commonly associated with the efforts that paramedics and other medical personnel make when someone has stopped breathing. Whether that’s due to slipping beneath the pond ice or being pulled under by a nasty California rip tide, the consequences of inaction will be fatal.

So it’s an appropriate word for Hillsdale College to use in titling their townhall last Saturday – “Reviving The Constitution” – that was broadcast online from the Michigan college’s Washington D.C. annex, The Kirby Center.

A hat tip for their extraordinary effort.

“Through teaching the principles and practices of American constitutionalism,” Hillsdale’s Kirby Center “seeks to inspire all Americans to act worthy of the blessings of liberty.” And that’s a needed ingredient these days if our body politic is to avoid what can seem like its last gasps amid the Obama presidency.

The online presentation coincided with so many parallel themes that The ACTON Institute supports that I will not recite them here. But as a student who lived during the years following WWII and graduated from the kind of schools most Americans attend I will tell you that some of the information presented on Saturday shocked me. Nothing more so than the history of The Progressive Movement in America and the extent to which their heresy has permeated our civic life since the early parts of the last century.

Whether it’s Woodrow Wilson’s claim that Thomas Jefferson’s words in The Declaration of Independence, “and of Nature’s God” was an afterthought; or Wilson’s plea that “All progressives ask or desire… is … to interpret the Constitution according to the Darwinian principle; [and the] recognition of the fact that a nation is a living thing and not a machine,” and “accountable,” according to Wilson, “to Darwin, not to Newton” – there is no denying that the 28th President was a man other than what’s advertised in the tomes of Houghton-Mifflin that sit in the classrooms of almost all the public schools in this nation. The “reader” that Hillsdale supplies participants to the townhall made that most clear.

It’s not hard to see how Wilson’s contortion, blended with a rejection of Newton’s “laws” became for theologians what we have experienced as the “living” Bible; and the Relativism that has taken places like Wilson’s Princeton University, originally founded as a divinity training ground for the country, and mainline Christian churches; and planted the seeds for our nation’s institutional collapse. The result: we’re currently living with a country on life support.

But there’s a plan at work. And like anything involving individual freedom, it will take our individual efforts. It’s like the verse from Luke 4:23 “And he said unto them, Ye will surely say unto me this proverb, Physician, heal thyself: whatsoever we have heard done in Capernaum, do also here in thy country.”

I strongly suggest you thoroughly review the five lectures and Q&A sessions. The message Hillsdale College is sending and our continued efforts at ACTON will save your civic soul.