Brushfire of Freedom
The Armory
Note: Originally published at Brushfire Sparks on March 17, 2009.
“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 the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The first amendment to the Constitution was designed to protect the basic rights of the people of the new country. The Founders felt that if the government was going to truly be of, by, and for the people, then the people should have protection from those who would abuse the power of that government. They understood that absolute power corrupts absolutely, and they had seen the effect of absolute power in the actions of King George. They knew that if the experiment that was to be this nation were to be a success, they could not set the stage for a reversion to a single focus of power that existed in the British Monarchy. General Washington certified this concept when he rejected the role of American monarch.
The phrasing of the amendment is important not only because it defines the protections, but it sets the tone for the entire Bill of Rights. “Congress shall make no law...” is the opening phrase designed to restrict the power of the legislative branch. It does grant power to the Judiciary to decide which right or power can or should be given to the people. It is focused specifically on the Legislative branch of the new government, and it restricts their ability to act on certain rights reserved for the people.
The first right enumerated is the one the Founders felt was most important. The original pilgrims had come to this country to escape religious persecution. Their flight was a result of a difference in their religious practice from that of the established government. Thus they abhorred the concept of a state church, as it was the antithesis of the founding of the nation. This clause, commonly referred to as, “The Establishment Clause” is one of the most abused phrases in the Bill of Rights.
Keep in mind that these amendments were designed to restrict the power of the government and preserve the liberties of the people. Yet the Establishment Clause is consistently used under the guise of “separation of church and state” to restrict the religious freedom it was designed to protect. If you put the entire phrase together it state, “Congress shall make no law respecting an establishment of religion...”. It does not indicate that the state and religion can not mix, but prevents the legislative branch from creating a state-sponsored religion. That was its purpose, and all other interpretations, including the myth of the separation of church and state, are a misapplication of the amendment and demonstrate a misunderstanding of the purpose of the Bill of Rights. We see these cases continuously in the news, whether it is school prayer, presence of religious material in hospitals, or the use of “God” in the Pledge of Allegiance. The reality is that this nation was founded on the principles of rights granted by a Creator, and the only purpose behind the Establishment Clause was to prevent Congress from making laws regulating the worship of that creator.
In fact, the next portion of the amendment, “... or prohibiting the free exercise thereof...” demonstrates the invalidity of the position taken by those who believe in this mythical separation of church and state. Any law currently in existence in this nation, any court decision made regarding this phrase that prevents the free practice of religion at any location is a violation of the Bill of Rights. This is one of the sacred liberties that has been eroded by the policies of the Neo-Socialists and Liberals of this nation. We have slowly surrendered our right to freely practice our expressions of worship to our Creator, who has granted us the “certain inalienable rights” enumerated in the Declaration of Independence and protected by this Bill of Rights. We’ve done so because a myth has been perpetuated. We’re the proverbial “frogs in the water” and the heat is rising. At some point we may realize that we are about to boil, but will it be too late to leap out of the pot?
The first amendment to the Constitution was written to protect the rights of the people against an oppressive government. It has been turned on the very people it was designed to protect and used to slowly steal our right to religious freedom. Sadly, this is not the only case where tools designed to protect our rights have been used to rob us of liberty, but it should be noted that it is the first right identified in the list, and must have been considered of great importance by those who designed our government. The longer we wait, the longer we sit in the pot, the more likely we will lose this precious freedom. It is time we understood the true meaning of the Establishment Clause. It is time we took a stand to protect this primary, basic right of religious freedom. It is time to learn, understand, and act on the Bill of Rights and take back the liberty that has been stolen from the people of this nation. It is time.
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