REWRITE THE CONSTITUTION: A Grass-Root Constitutional Convention (Part One)

This challenge will appear in two posts. Part one will consist only of the main body of the Constitution and amendments 11 through 27. Part two will consist of the Bill of Rights (the first 10 Amendments). I’m sure many folks already know what they would amend, and I am fairly certain the Bill of Rights will get the most responses.

After participating in many fractious debates involving specifics of the Constitution and having folks misinterpret its purpose and the intent behind its words, I’m offering a chance to amend the document and clarify what you believe to be the meaning (intent) of any clause, article, or entire amendment–or just toss the clause, article, or amendment, or even the entire Constitution and build your own if you think we need one.

* I invite all readers to tweet or otherwise share this. I’d like to see a lot of participation.


 THE CONSTITUTION OF THE UNITED STATES OF AMERICA 

PREAMBLE

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I

SECTION. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

SECTION. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year;and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

SECTION. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

SECTION. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

SECTION. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

SECTION. 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

SECTION. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

SECTION. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

SECTION. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

ARTICLE II

SECTION. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

SECTION. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

SECTION. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

SECTION. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

ARTICLE III

SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SECTION. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State;–between Citizens of different States;–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

SECTION. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

ARTICLE IV

SECTION. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

SECTION. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

SECTION. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

SECTION. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

ARTICLE V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

ARTICLE VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

ARTICLE VII

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

*   *   *

AMENDMENT XI

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT XII

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.— The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

AMENDMENT XIII

SECTION. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

SECTION. 2. Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV

SECTION. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

SECTION. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION. 5. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*  *  *

AMENDMENT XV

SECTION. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

SECTION. 2. The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

AMENDMENT XVII

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT XVIII

SECTION. 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

SECTION. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

SECTION. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XX

SECTION. 1. The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

SECTION. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SECTION. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

SECTION. 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

SECTION. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SECTION. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

AMENDMENT XXI

SECTION. 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

SECTION. 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

SECTION. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XXII

SECTION. 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

SECTION. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

AMENDMENT XXIII

SECTION. 1. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

SECTION. 2. The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXIV

SECTION. 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

SECTION. 2. The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXV

SECTION. 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

SECTION. 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

SECTION. 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

SECTION. 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

AMENDMENT XXVI

SECTION. 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

SECTION. 2. The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXVII

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

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ANSWERS IN GENESIS: A Profile in Parasitism (AN UPDATE)

—-Updated from my original post, Answers in Genesis: A Profile in Parasitism.—-

The State of Kentucky has decided to extend no further tax incentives to Ark Encounters, a Christian fundamentalist theme park.

The Mask of Deception

           The Mask of Deception

Now, I understand that some folks might think the following is a continuing attack against Christianity in general and Answers in Genesis (AiG) in particular. On the contrary. I am only suggesting how I believe empathy could be applied to this situation such that the solution is in the best interest of everyone. That is, by the way, the purpose of the religion clauses of the First Amendment.

Fairness requires empathy, and empathy can only be derived from within.

First, with regard to AiG, note that no one is making any attempt to shut down its right to purchase property and have a theme park. First Amendment watchdog groups demand only that governments–federal, state and local–represent all of its citizens, without regard to their religious beliefs, their political opinions, or their financial standing. All working citizens pay taxes, thus, all citizens must have free access to commerce and must not be forced to subsidise sectarian religion.

Secondly, in the United States–as most of you know–all religions are to be treated equally under constitutional law. The only way this can be accomplished is for the government to remain neutral in matters of religion, (i.e., it cannot make laws respecting anyone’s religion).

When the courts attend matters of church and state separation, they reference the intent of the Establishment and Free Exercise clauses of the First Amendment, which may be found in Jefferson’s Virginia Act for Establishing Religious Freedom. Here is the excerpt pertinent to the AiG case.

Well aware that the opinions and belief of men depend not on their own will, but follow involuntarily the evidence proposed to their minds; that Almighty God hath created the mind free, and manifested his supreme will that free it shall remain by making it altogether insusceptible of restraint; that all attempts to influence it by temporal punishments, or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the holy author of our religion, who being lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do, but to extend it by its influence on reason alone; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world and through all time: That to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical . . . [note that Jefferson was a Deist, not a Christian]

How could this be more empathetic and fair to all citizens?

Now, with regard to AIG’s ongoing efforts to have the taxpayers of Kentucky pony up 10s of million$ more in tax breaks for its restrictive, fundamentalist Ark Encounters theme park, after Americans United for Separation of Church and State (AU) reminded Kentucky lawmakers, many times, that they were elected to serve all the people and not just fundamentalist Christians, the State backed out of further tax incentives for the park. AiG is now resorting to revenge attacks for being forced to abide by the Constitution.

From AU:

Answers in Genesis (AiG), a creationist Christian ministry, had applied for a 25 percent sales tax rebate through the Kentucky Tourism, Arts and Heritage Cabinet for Ark Encounter, a theme park that will feature a 510-foot replica of Noah’s Ark. The application received preliminary approval, and since the project is expected to cost $73 million, final approval would have cost the state up to $18 million in sales tax revenue.

But the Ark Park sailed into stormy seas in August when Americans United informed the tourism cabinet that AiG had posted online an opening for a computer-assisted design technician to work at Ark Encounter. That job post has since been removed, but in the August description, AiG said applicants must submit a “[c]reation belief statement,” as well as “[c]onfirmation of [their] agreement with the AiG Statement of Faith.”

That “statement of faith” required potential AiG employees to affirm their belief that homosexuality is a sin on par with bestiality and incest, that the earth is only 6,000 years old and that the Bible is literally true. Anyone who doesn’t agree with those statements won’t be considered for the job. (Read more here.)

According to AiG’s own website, “The purpose of the Ark Encounter park is to point people to the only means of salvation from sin, the Lord Jesus Christ, who also is the only God-appointed way to escape eternal destruction.”

But after receiving word of the tax-break cutoff, according to AU, “AiG . . . said earlier this week that it would run 16 billboards throughout the state promoting Ark Encounter and attacking ‘intolerant’ groups like AU. AiG also said it bought a 15-second digital video display that will run in New York City’s Times Square.”

AiG feels that it has been attacked unfairly and is being denied its “right” to tax dollars from non-fundamentalist Christian people–the same folks they would bar from employment at the park, no matter what their qualifications.

I have to wonder, What would the politicians of Kentucky, who want to continue the tax breaks, do if a group of Muslim citizens wanted the State to give them tax incentives to establish a park dedicated to Islam? Would you think that the folks at AiG would object?

How do you feel about this? Does AiG have a right to tax dollars? Should all religions have that same right?

Acts of Empathy

Handling explosive emotions demands five acts of Empathy

Excerpted and edited for ISHN by Dave Johnson

Everybody agrees that empathy is crucial to risk communication. Vincent Covello, for example, argues that caring/empathy accounts for 50 percent of trust; the other 50 percent, he says, is shared about equally by dedication/commitment, honesty/openness, and competence/expertise. He often quotes an old saying to the effect that people (especially people who are upset) don’t care what you know until they know that you care.

So if you do care, showing you care is obviously crucial. What isn’t so obvious is how to show you care, how to express your empathy.

Read more at http://www.ishn.com/articles/handling-explosive-emotions-demands-five-acts-of-empathy

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Empathy in Action – Erinn Phelan’s Selfless Act

By Arthur P. Ciaramicoli, Ed.D., Ph.D

We read about the poor character of celebrities every day but acts like Erinn Phelan’s attempt to save the life of her college roommate are buried in pages far from the headlines.

Erinn is a Brown graduate who had found her ideal job after graduation last summer working for Mayor Bloomberg in his new volunteerism initiative.

As Erinn and her college roommate Alma Guerrero crossed a street in Brooklyn this past Sunday they were hit by a car that didn’t stop. . .

Read more at http://www.balanceyoursuccess.com/empathy-in-action-erinn-phelan-selfless-act/

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Suffering Unleashes Goodness

By Arthur P. Ciaramicoli, Ed.D., Ph.D

A few weeks ago I was talking with one of my patients about his recent release from the hospital where he was treated for a major infection. He was telling me he had to get home to cook the turkey for Thanksgiving. He was bringing the meal to his elderly parents, his mother is recovering from her second bout of breast cancer and his dad is currently struggling with the effects of Leukemia. Joe also mentioned that he invited . . .

Read this and other articles by Dr. Ciaramicoli at http://www.balanceyoursuccess.com/author/docapc/

The ACLU on Religious Freedom: Watchdog or Attackdog?

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A child is born neither Christian, nor Jew, nor Muslim, nor atheist, nor an adherent to any other brand of religious or philosophical order. A child is born a human being with an ability to learn, and from this raw material society builds her walls of nationalism and religious certitude. (Thoughts of Professor Hale from the novel, The Empathy Imperative, by Max T. Furr)

Note: The following post concerns a highly emotional subject, the effect of which is an impediment to reason and understanding. Most of us have heard the admonition to never discuss religion and politics with family and friends. Yet, these are the very subjects that must be discussed with family, friends and strangers—with civility, empathy and an open mind—if we are serious about our desire for social harmony and, someday far in the future, world peace.

I believe that most of us can agree that the only path to social harmony is empathy with benevolent reciprocity. Real social harmony cannot happen through organized religion, as I shall explain. Social harmony begins when each individual brings about harmony within himself. This is a difficult task because it is within each individual where we find the strongest impediment to reason and understanding; our genetically based sense of insecurity—an inclination to xenophobia (mistrust or fear of strangers and foreign concepts).

So, how do we begin to remove these impediments to understanding? Each of us must come to understand that this roadblock to reason is what builds our walls of radicalism and self-righteousness in matters of politics and religion.

The first step is to realize that, for most of us, what we believe to be sacred truth was a thing taught to us as from tothood. Had I been born a Muslim, I would most likely still be a Muslim and one of radical persuasion had the environment in my formative years been so inclined. Were I born a Hindu or a Sikh, I would most likely be so today. No matter where I was born, I would have been taught the religious truths of my family and society and I would have believed those truths every bit as fervently as others believe theirs. This is the fundamental understanding we must accept for the sake of reason and empathy. Whether or not one’s religious truths are actually true is not in question here. The only appeal is to understand that they are a function of happenstance of birth.

So, what has the ACLU and other such organizations to do with helping us move beyond our impediments to understanding? The argument I pose above is not one that will meet very many eyes and likely not many open to my reasoning. The very existence of organized religion is to placate our genetically based insecurity. Thus it is most difficult for us to move out of that comfort zone and view other beliefs with objective and empathetic eyes.

It is unfortunate that social harmony—such as it is today—must be imposed by law in every nation on earth. The reason is because of our impediments to understanding and empathy. We do not see eye to eye and often passionately so. This is why we must have laws and organizations that help us move beyond our natural, social and political prejudices.

In the United States, it was the brilliance of our founders that provided our nation the necessary Constitutional tool—a means to help us remove the barriers to understanding. That tool is the Establishment Clause of the First Amendment.

Strong resistance to overcoming our walls of self righteousness is to be expected, but those who understand the intent of the clause must continue to use reason and civil debate in its defense. Even in the face of radical Islam we must not let go the means, but embrace it all the more.

It is common for a great many Christians to voice their believe that First Amendment watchdog groups like the ACLU and Americans United for the Separation of Church and State are all about destroying or at least suppressing Christianity. Yet these organizations are the protectors of the means—the tool that protects each religion from the overreach of others by providing a peaceful environment conducive to learning and, hopefully, understanding why others believe differently.

Since Christianity is the predominant religion in the United States, I want to point out some facts, some necessarily approximated, that demonstrate what the Establishment Clause has brought about and what the Constitutional watchdog groups protect.

Not counting all other faiths, we have 350,000 Christian churches/congregations in the United States and thousands more in private homes, old business buildings and defunct shopping centers. By comparison, there are 98,706 primary and secondary public schools. There are, therefore, about 3.55 times as many Christian churches as there are public schools in the United States. The congregations worship in peace and no one is denying them that right.

Five hundred-forty dedicated Christian radio stations fire up daily in the U.S. Thousands of others become religious broadcasters on Sunday mornings. There are 49 dedicated Christian television networks broadcasting the messages of  about 55 televangelists. And, the Internet is replete with thousands of religious websites and blogs. No one has ever suggested that any of these be shut down.

We find a Gideon Bible in virtually every hotel/motel room. In secular bookstores, whole sections are dedicated to religion. Drug stores and truck stops have dedicated Christian book racks. Additionally, there are about 8,000 full-blown Christian bookstores. No one is trying to shut these down or force them to add books on science.

The Campus Crusade for Christ flourishes on our college campuses across the nation. Hospitals and some large corporations have chaplains and rooms dedicated to religious worship. No one as far as I know objects to any of this.

Further, religious organizations, including Christian organizations, enjoy tax and zoning exemptions. It is the general public—whether or not they all agree with the various doctrines—who make up the lost tax revenue.

Some religious organizations are even exempt from health and child protection laws (sometimes resulting in child abuse).

As well, students may carry their Bibles to school and/or pray silently most any time (especially before a math test). Students may gather around the flag pole before or after school and pray. Bible clubs are allowed.

Check your local newspaper daily for religious news, messages and service announcements.

So why do First Amendment watchdog groups oppose prayer and proselytizing in public schools and on other public property? Because few student bodies, especially large ones, are religiously homogeneous—not all students were taught the same religion. It is the right of every parent to teach their children the religious beliefs they, themselves, were taught and which they believe to be correct. It is the duty neither of the state, nor any teacher working for the state, nor any elected official to promote a particular religion.

A public school or any other government agency, therefore, may promote neither Christianity, nor Hindu, nor Islam, nor Catholicism, nor Protestantism. The Establishment clause, then, demands government neutrality in matters of religion.

First Amendment watchdog groups, then, are mainly responsible for protecting and promoting, not destroying, the religious freedom of every individual. Such protections promote the peaceful environment necessary for introspection and understanding—a chance for each individual to remove his impediments to personal and social harmony.

sources:

The Virginia Bill for Establishing Religious Freedom:

http://en.wikipedia.org/wiki/List_of_religious_radio_stations#United_States

AmericanChurchList, Inc.

Digest of Educational Statistics, 1999

Religious Broadcasters on the Internet

Scientology & Dianetics

http://www.edreform.com/2012/04/k-12-facts/

Note: I am open to corrections on any data in this post.

EMPATHY IN POLITICS: Protecting Freedom of Religion

Note: This blog is a spin-off of my novel, The Empathy Imperative, and it is in tune with my social philosophy, which is laid out in the novel. For those who haven’t read my post, “Bringing Down the Walls, One Brick at a Time,” it would be best to read it before reading this post. It will give you a better understanding of my approach to the various issues.

In previous posts, I have written about the meaning of the Establishment Clause of the First Amendment, but it is clear that there is a great deal of misunderstanding throughout society about how our U.S. Constitutional rights are protected. Below, I’ve begun a list of sites dealing mostly with the American Civil Liberties Union and Americans United for the Separation of Church and State. I will be updating this information (adding to or changing) frequently.

I welcome comments from all sides on any subject.

***

The ACLU Fights for Christians, too

The ACLU fights just as hard for INDIVIDUAL free exercise of religion as the ACLU fights against GOVERNMENT endorsement, sponsorship, or establishment of religion. Despite this fact, many people spread misinformation about the ACLU around the internet, innocently and maliciously, falsely claiming the ACLU is anti-religion or anti-Christian.

This list of FACTS counteracts that misinformation. These links represent just a few of the many examples of the ACLU defending the free speech and free exercise rights of Christians (for purposes of this list, the word “Christian” means a person who self-identifies as “Christian”).

In every example, the ACLU is defending the right of a Christian to speak as a Christian or to practice Christianity.

Find the list of links here: http://www.aclufightsforchristians.com/

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ACLU issues warning on Bible distribution in Kentucky

by Associated Press

LEXINGTON, Ky. — The American Civil Liberties Union has sent a letter to superintendents in Kentucky advising them to start following federal guidelines on distributing Bibles at public schools.

The Aug. 19 letter from ACLU attorney William Sharp says districts that don’t abide by the guidelines will face a court challenge.

Follow this link to the story.

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Muslims Blacklisted for U.S. Citizenship Under Secret Program, Says ACLU

LOS ANGELES — A government program to screen immigrants for national security concerns has blacklisted some Muslims and put their U.S. citizenship applications on hold for years, civil liberties advocates said today.

The American Civil Liberties Union of Southern California said in a report that the previously undisclosed program instructs federal immigration officers to find ways to deny applications that have been deemed a national security concern. For example, they flag discrepancies in a petition or claim they didn’t receive sufficient information from the immigrant.

Follow this like to the full story.

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ACLU sues to remove Oklahoma 10 Commandments monument

The American Civil Liberties Union of Oklahoma has filed a lawsuit seeking to have a monument that bears the Ten Commandments removed from state Capitol grounds.

The Tulsa World reported that the civil liberties group filed suit in Oklahoma County District Court on Monday and names the Oklahoma Capitol Preservation Commission as the defendant.

Read more: http://www.foxnews.com/us/2013/08/22/aclu-sues-to-remove-oklahoma-10-commandments-monument/?test=latestnews#ixzz2cswCW8mW

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Conservative Group Files Lawsuit Against N.J. ‘ex-gay’ Therapy Ban

By Chris Johnson on August 22, 2013

A socially conservative group on Thursday filed a lawsuit in federal court in New Jersey that seeks to overturn the state’s ban on widely discredited “ex-gay” conversion therapy that Gov. Chris Christie signed into law this week.

The Liberty Counsel filed the 46-page complaint before the U.S. District Court of New Jersey against Christie, who signed a law on Monday barring sexual orientation conversation therapy for minors within his state, as well as other state officials.

Follow this link to the story.

Understanding the Establishment and Religious Freedom Clauses of the First Amendment to the Constitution of the United States

Those among us who, with good intentions, want their religious beliefs spread among society with the help of, or complete absence of, government intervention and who believe the Establishment Clause of the First Amendment does not require the federal government to restrict religious activities from government property have a fundamental misunderstanding of the Thomas Jefferson’s intent in creating the foundation of the Establishment Clause.

While the First Amendment does not explicitly say that there must be a “wall of separation,” its underlying foundation is quite clear. There must be a wall and it must be untraversable in both directions.

In order to understand that this was Jefferson’s intent, it may be necessary for reader to read “The Virginia Act for Establishing Religious Freedom. This document lays out what Jefferson meant by the term “religious liberty.” Secondly, one should read his Letter to the Danbury Baptists, where he states that the Establishment Clause has established a wall of separation between church and state. I have provided the texts of both documents below:

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The Virginia Act For Establishing Religious Freedom

Thomas Jefferson, 1786

Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporal rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors for the instruction of mankind; that our civil rights have no dependence on our religious opinions, more than our opinions in physics or geometry; that, therefore, the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to the offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which in common with his fellow citizens he has a natural right; that it tends also to corrupt the principles of that very religion it is meant to encourage, by bribing, with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles, on the supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them.

Be it therefore enacted by the 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 burdened 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 nowise diminish, enlarge, or affect their civil capacities.

And though we well know this Assembly, elected by the people for the ordinary purposes of legislation only, have no 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.

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Jefferson’s Letter to the Danbury Baptists

The Final Letter, as Sent:

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To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, 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 & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th Jefferson

Jan. 1. 1802.

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Thus, the intent underlying the Establishment Clause and the Religious Freedom Clause is clear; the government must remain neutral in matters of religion.

But, how does this create the right of government to restrict religious activities from public property?

In 1971 the Supreme Court of the United States (SCOTUS) handed down its decision in  Lemon v. Kurtzman. In that decision, the Lemon Test was established. I will not go into details of the case or the decision, but simply restate the test:

1. The government’s action must have a secular legislative purpose;

2. The government’s action must not have the primary effect of either advancing or inhibiting religion;

3. The government’s action must not result in an “excessive government entanglement” with religion.

In a debate recently, my interlocutor implied that the Establishment Clause does not prevent government from establishing “a governmentally endorsed Church.” I pointed out that this assertion flies in the face all three parts of the Lemon Test.

Too, it is argued that the law should not be applied to the states.

The 14th Amendment says that no state may deny any citizen “equal protection under the law.”

Were a State or local government to establish/recognize a particular religion, then it is by that act recognizing an establishment of religion and raising its public status above all others. As well, the government would not be providing its citizens who adhere to other religions (or adhere to no religion at all), equal protection under the law and thus, the government is entangling itself in matters of religion. This has been upheld by the SCOTUS time after time and this is what establishes the government’s obligation to protect the right of all U.S. citizens to have their religious beliefs viewed as equal to all by any governmental organization. Otherwise their status would be unlawfully diminished in their community.

The logic behind disallowing any particular religion to have government endorsement has been established since America was first settled. Our schools tend to leave out certain aspects of this country’s history, leaving students with the impression that when settlers came to this continent to escape religious persecution, they found it. Omission of the details leaves students with a false sense of American Religious history.

Here is probably the first bloody religious conflict on the North American Continent:

Long before the Mayflower sailed, the French, Protestant Huguenots settled in Florida seeking religious freedom. The Catholic Spanish, already there, were incensed. They attacked, overcame the Fort Caroline French colony and then proceeded to hang every person left alive. The reason? As the Spanish commander wrote to King Philip II, “they were scattering the odious Lutheran doctrine in these Provinces.”

This was an example of bloody religious intolerance on this continent and there was much more as the centuries past, but I will spare the reader. Such factual history can easily be found online.

Still, even though such warfare no longer occurs in the U.S. (barring radical Islam, of course) there is an incessant cold war fought by Christian fundamentalists against those who understand the Establishment and Religious Freedom clauses of the First Amendment.

Most fundamentalists are open about their desire to promote Christianity in schools, and even Christian creationism in science classes. Many want to eradicate the teaching of evolution altogether. Some fundamentalist teachers impose their views on their students. But do we really want our schools divided, where Christian students and teachers tease and bully the obviously non Christian students (evidence of this can be found online)? Do fundamentalists  really believe Christians have a right to proselytize and coerce non Christian students? Do we want non Christians to remain silent and “go along to get along?” If you are protestant, would you want a Catholic teacher indoctrinating your child or vise versa? How about Wicca or Islam? The Establishment Clause protects all citizens and their children against such insensitivity and intolerance.

Parents of other religions (or no religion) have the right to bring their children up according to the dictates of their conscience without government interference, but with government protection.

Finally, secularism can indeed be carried too far by officials who don’t understand what expressions students are allowed with respect to their religion. I don’t object to–and I don’t think there is any law against–religious clubs in schools holding the same status as philosophy clubs. Such students cannot, however, in any way foster their beliefs on other students and teachers cannot show support for any particular religious club. This means, as well, that Muslim, Wiccan, and atheists students may have their clubs, and all of society may worship in their holy places or not worship at all, according to the dictates of their conscience.

This is true religious freedom, and this is empathy for every citizen’s beliefs in matters of religion, brought to us courtesy of Thomas Jefferson’s Wall of Separation–the Establishment Clause and the Religious Freedom Clause of the First Amendment to the Constitution of the United States of America.

Max T. Furr is author of The Empathy Imperative

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