Posts tagged with: United States Constitution

USA-Thomas_Jefferson_MemorialThomas Jefferson believed that the practice of one’s faith should not be impinged upon by one’s government. He wrote of this in a letter or address to the Danbury Baptist Association:

Believing with you that religion is a matter which lies solely between Man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions,” he wrote, “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 and State.”

(more…)

article-photo-Elaine“This ruling is more in the spirit of Nero Caesar than in the spirit of Thomas Jefferson,” said Russell D. Moore. “This is damaging not only to the conscience rights of Christians, but to all citizens.”

Moore, the president of the Ethics & Religious Liberty Commission, was responding to the U.S. Supreme Court’s refusal to rule on a case involving Elane Photography and its owners Jonathan and Elaine Huguenin. According to the Alliance Defending Freedom (ADF), Elaine received an email in 2006 asking her to photograph a “commitment ceremony” between Vanessa Willock and her same-sex partner. Willock asked if Elaine would be “open to helping us celebrate our day . . . .” Elaine politely declined to use her artistic talents to express a celebratory message at odds with her deep convictions. (Elaine had previously declined requests from others for things such as nude maternity photos.)

Willock, a licensed attorney who has served in various paid “diversity” positions, filed a complaint with the New Mexico Human Rights Commission. After a one-day administrative trial in 2008, the commission ruled against the Huguenins and ordered them to pay $6,637.94 in attorneys’ fees. The case made its way through the state court system, with the New Mexico Supreme Court ultimately affirming the commission’s coercive decision. In an ominous concurring opinion, one justice wrote that the Huguenins “now are compelled by law to compromise the very religious beliefs that inspire their lives,” adding “it is the price of citizenship.”

ADF attorneys representing the Huguenins are presenting only one claim to the U.S. Supreme Court—that the punishment of Elane Photography violates the constitutionally protected freedom “not to speak,” known as the compelled speech doctrine.

(more…)

Jeffersons-TombstonePerhaps it’s because we Americans are still getting over Christmas, or talking about the Super Bowl, but National Religious Freedom Day doesn’t get a lot of press. But indeed: January 16 is National Religious Freedom Day, adopted originally by the state of Virginia and now remembered annually by the White House. Penned by Thomas Jefferson, the Statute for Religious Freedom reads, in part:

Be it enacted by General Assembly that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief, but that all men shall be free to profess, and by argument to maintain, their opinions in matters of Religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities. And though we well know that this Assembly elected by the people for the ordinary purposes of Legislation only, have no power to restrain the acts of succeeding Assemblies constituted with powers equal to our own, and that therefore to declare this act irrevocable would be of no effect in law; yet we are free to declare, and do declare that the rights hereby asserted, are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operation, such act will be an infringement of natural right.

(more…)

william-taft-speechIn a wide-ranging discussion of the Progressive Era in her new biography of Calvin Coolidge, Amity Shlaes quotes a striking excerpt from a little-known speech by President William Howard Taft.

Given in the middle of the 1912 election, in which Taft competed (poorly) against Woodrow Wilson and former President Teddy Roosevelt, the speech focuses on the predominant themes and schemes of his opponents, handily highlighting their limits.

In a particularly snappy swipe at Roosevelt, who had just recently split from the Republican Party, Taft notes that despite various efforts to form new parties, any rumbling therein is largely driven by the “promise of a panacea,” a top-down fantasy “in which the rich are to be made reasonably poor and the poor reasonably rich, by law.” Instead, Taft argues, we should seek solutions that “bring on complete equality of opportunity,” unleashing individuals and communities to work, create, and collaborate. The bones of civilization are not built, first and foremost, by the bidding of the policymaker’s baton. (more…)

Blog author: sstanley
posted by on Tuesday, October 15, 2013

The Thomas More Society stated today in a press release that they are working with Catholic Vote Defense League in a fight to seek “constitutional protection of religious freedom.” Specifically, they have filed a cert petition with the Supreme Court for the case, Autocam Vs. Sebelius. They are petitioning

the U.S. Supreme Court to review and reverse the Sixth Circuit U.S. Court of Appeals’ recent decision, denying the claims of Autocam, an international automotive manufacturer, and its owners, that Obamacare’s so-called “HHS mandate” abridges their federal constitutional and statutory rights to the free exercise of their religious faith as well as other  legal rights. John Kennedy, CEO of Michigan-based family-owned company, Autocam, joined the company as well as its other family owners to urge the Justices to rule that the government has no right to require that Autocam purchase group insurance coverage, providing its employees with morally objectionable contraceptives, including abortifacients (e.g., the so-called abortion pill, Plan B, and “Ella”), and sterilization.

See the press release here. The official petition to the Supreme Court states that  “The Religious Freedom Restoration Act cannot mean one thing in one part of the United States and something entirely different in another. This Court’s attention is required to sort out the important legal questions HHS Mandate under RFRA.”

Read the case here. See recent posts about Autocam and their case on the Powerblog.

Blog author: jcarter
posted by on Tuesday, September 17, 2013

Constitution Day is celebrated in America every year on September 17, the anniversary of the day the framers signed the document. Here are nine things you should know about the U.S. Constitution.

ConstitutionDay20131. The Constitution contains 4,543 words, including the signatures and has four sheets, 28-3/4 inches by 23-5/8 inches each. It contains 7,591 words including the 27 amendments. It is the oldest and shortest written Constitution of any major government in the world.

2. Thomas Jefferson did not sign the Constitution. He was in France during the Convention, where he served as the U.S. minister. John Adams was serving as the U.S. minister to Great Britain during the Constitutional Convention and did not attend either. George Washington and James Madison were the only presidents who signed the Constitution.

3. There was a proposal at the Constitutional Convention to limit the standing army for the country to 5,000 men. George Washington sarcastically agreed with this proposal as long as a stipulation was added that no invading army could number more than 3,000 troops.

4. The original draft of the Constitution contains multiple spellings errors. The most noteworthy of these errors is “Pensylvania.” A delegate from that state left out one of the N’s when he signed.
(more…)

Blog author: ehilton
posted by on Wednesday, August 14, 2013

james madisonWhat do vegans, Catholics, and Starbucks have in common? According to attorney Mark Rienzi they all share the right to “decisions of conscience.”

Starbucks has ethical standards for the coffee beans it buys. Vegan stores refuse to sell animal products because they believe doing so is immoral. Some businesses refuse to invest in sweatshops or pornography companies or polluters,” Rienzi said in an Aug. 11 opinion essay for USA Today.

“You can agree or disagree with the decisions of these businesses, but they are manifestly acts of conscience, both for the companies and the people who operate them,” he said. “Our society is better because people and organizations remain free to have other values while earning a living.”
(more…)

The latest national survey by the Pew Research Center finds that a majority of Americans now believe the federal government threatens their own personal rights and freedoms:

The latest national survey by the Pew Research Center for the People & the Press, conducted Jan. 9-13 among 1,502 adults, finds that 53% think that the federal government threatens their own personal rights and freedoms while 43% disagree.

In March 2010, opinions were divided over whether the government represented a threat to personal freedom; 47% said it did while 50% disagreed. In surveys between 1995 and 2003, majorities rejected the idea that the government threatened people’s rights and freedoms.

The growing view that the federal government threatens personal rights and freedoms has been led by conservative Republicans. Currently 76% of conservative Republicans say that the federal government threatens their personal rights and freedoms and 54% describe the government as a “major” threat. Three years ago, 62% of conservative Republicans said the government was a threat to their freedom; 47% said it was a major threat.

The fact that 38% of Democrats say the government poses a threat to personal rights and freedoms and 16% view it as a major threat, shows that it’s not just a partisan issue. But while there may be agreement that the federal government threatens our rights and freedoms, there is likely to be divergence of opinion on which rights and freedoms are being threatened. Rather than just having people respond with yes or no to the question, “Federal government threatens your personal freedom?”, it would be helpful for respondents to explain what they mean.

We could, for instance, have them go down the list of rights in the Constitution’s Bill of Rights and point out which they feel are threatened. Like most Americans, I’m no legal scholar. But here is how I would respond:
(more…)

Blog author: jballor
posted by on Tuesday, November 20, 2012

I remember when I was a kid and would ask why we celebrate Father’s Day and Mother’s Day. What about Children’s Day? To which I would receive the inevitable response, “Every day is Children’s Day.” I use the same response now when some smart-alecky kid pipes up with this kind of question.

That may be true, in a sense, but today (Nov. 20) is also “Universal Children’s Day.” This event is a vehicle in part for UN advocacy on behalf of the ratification and implementation of the Convention on the Rights of the Child. In the last issue of the Journal of Markets & Morality, Johan van der Vyver examined the convention, with an eye particularly toward the complications of ratification and implementation in the United States in comparison with that of South Africa, in his piece, “Children’s Rights, Family Values, and Federal Constraints.”

Van der Vyver argues, “There is strong opposition against ratification of the convention from within the ranks of evangelical Christians, based essentially on a perception that the convention undermines family values. However, this article argues that the main obstacle confronting the United States in this regard derives from the constitutional dispensation of federalism.” The basic point, says van der Vyver, is that the autonomy of the family unit is not essentially undermined by the convention, but that the particular polity of the U.S. government and the nature of the process of treaty ratification is what stands in the way of American participation.

As to a classical expression of the place of children within the family and the significance of the family as a social institution, it’s worth noting the recent translation of the Dutch Reformed theologian Herman Bavinck’s treatise, The Christian Family. This is a wonderful book, full of insights into the nature of social relationships, the divine institution of the family, and the importance of the family to a free and virtuous society.
(more…)

Blog author: jballor
posted by on Monday, September 24, 2012

As noted already at the PowerBlog today, Sam Gregg has a fine piece on the complex relationship between law and morality, or constitutions and culture, over at Public Discourse.

As a follow-up (read the piece first), I’d like to point to an interesting aspect of James Buchanan’s advocacy of a balanced-budget amendment. As Gregg notes, Buchanan is an example of someone who thought that “America’s constitution required amending to bestow genuine independence upon a monetary authority,” or advocated for the “constitutionalization” of money. A related effort would be Buchanan’s efforts in support of a balanced-budget amendment to the American Constitution, as explored by James Alvey in his piece, “James M. Buchanan on the Ethics of Public Debt and Default.”
(more…)