America’s Courts Have Been Violating the First Amendment’s Free Exercise Clause for Three Decades
By Jerry A. Kane
For thirty years the ACLU and its atheist hordes have been in state and federal courts vigorously marginalizing Christians and uprooting public memorials and symbols of the nation’s Christian heritage. Any cross, crucifix, sculpture, statue, figurine, or carving that could trigger memories of America’s Christian founding has been targeted for eradication from the public sphere.
Even though over two-thirds of the American public believes the First Amendment erects a “wall of separation between church and state,” the truth is the Framers of the Constitution never entertained such a notion. For three decades now, rulings by the courts ordering the removal of Christian symbols from public property have violated the Free Exercise Clause of the First Amendment.
The Framers wrote the Bill of Rights to restrict the powers of the federal government, which means the First Amendment was intended to protect religion from an intrusive government, and not the government from religion.
The First Amendment begins with the words, “Congress [i.e. the federal government] shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” The Framers didn’t want the federal government establishing a “state church” (as England and some European Countries had at the time) or interfering with the free exercise of religion. The First Amendment kept the federal government from interfering with the people’s right to establish their own churches and denominations and worship freely.
The suggestion that Christian symbols displayed on public property could amount to a violation of the Establishment Clause would be laughable to the Framers.
“The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no God. It neither picks my pocket nor breaks my leg. … Our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry.”—Thomas Jefferson
The concept of a Judeo/Christian God or nature’s God was embraced by the Founders:
Fifty-two of the 55 Framers of the U.S. Constitution were members of established orthodox churches in the colonies:
Congregationalist-7
Deist-1
Dutch Reformed-2
Episcopalian-26
Lutheran-1
Methodist-2
Presbyterian-11
Quaker-3
Roman Catholic-2
In fact, the Framers enshrined the concept of the Judeo/Christian God and nature’s God in the Declaration of Independence:
When …it becomes necessary for one people to …assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them …
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights …
We, therefore, the representatives of the United States of America … appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies …
And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.
At the time the First Amendment was written, several states were dominated by churches, e.g., Connecticut was Congregationalist, Massachusetts was Puritan, Virginia was Baptist, and Pennsylvania was Quaker. The people in those states chose the religion they preferred, and they didn’t want the federal government imposing any particular sect or denomination on their states.
It’s safe to assume that when the Framers wrote the First Amendment, they understood that:
1. God establishes the place of nations in the world.
2. God created man.
3. God endowed man with certain unalienable rights.
4. God is the supreme judge of human conduct.
As Mark Levin writes in Men In Black: How the Supreme Court is Destroying America, “the Declaration of Independence … is an explicit recognition that our rights derive not from the King of England, not from the judiciary, not from government at all, but from God. … Religion and God are not alien to our system of government, [sic] they’re integral to it.”
If the Framers intended the Establishment Clause to erect a “wall of separation” between the Judeo/Christian God and nature’s God and government, they would have included the “separation of church and state” notion in the First Amendment or would have at least introduced and discussed it at the first Constitutional Convention. But not one of the Framers ever mentioned it. None of the Congressional Records of the discussions and debates of the 90 Founding Fathers who framed the First Amendment contains the phrase “separation of church and state.” The phrase is not found in the Constitution, the First Amendment, or in any of the notes from the Convention.
The idea of a “wall of separation” between church and state surfaced in 1947 when the Warren Court lifted the “wall of separation” phrase from a letter written by President Thomas Jefferson to the Danbury Baptist Association of Connecticut. Jefferson used “wall” as a metaphor to address the Baptists’ concerns about religious freedom, and to clarify for them that the federal government was restricted from interfering with religious practices. Jefferson’s letter explained that the First Amendment put restrictions only on the government, not on the people.
The truth is the current “separation” doctrine is a relatively recent concept and not a long-held constitutional principle. The Warren Court took Jefferson’s “wall of separation” phrase out of context and reinterpreted the First Amendment to restrict people instead of government. And now some 65 years later, 69 percent of the American people believe the First Amendment actually contains the “separation of church and state” phrase.
In his dissenting opinion in the 1985 ruling against silent prayer in public schools, Chief Justice William Rehnquist decried how the Warren Court’s “wall” notion undermined the Framers’ original intent of the First Amendment:
“There is simply no historical foundation for the proposition that the Framers intended to build the ‘wall of separation’ that was constitutionalized in Everson. But the greatest injury of the ‘wall’ notion is the mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. [N]o amount of repetition of historical errors in judicial opinions can make the errors true. The ‘wall of separation between church and state’ is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.”
The Warren Court’s Everson v. Board of Education decision has made the First Amendment internally inconsistent in that the “free exercise” of religion now collides with the prohibited “establishment” of a religion. Today federal courts not only use the Warren Court’s baseless “separation of church and state” argument to justify removing religious symbols from public places, but they also use it to keep people from expressing their Judeo/Christian beliefs in the public square. The federal courts no longer look upon the “free exercise” of religion as an unalienable right endowed by the Creator; they implicitly assume it’s a fundamental right granted by the government and the judiciary.
The intensive and concerted effort to exclude references to religion or God from public places is an attack on our founding principles. It’s an attempt to bolster a growing reliance on the government—especially the judiciary—as the source of our rights. But if our rights are not unalienable, if they don’t come from a source higher than ourselves, then they’re malleable at the will of the state. This is a prescription for tyranny.—Mark R. Levin, Men In Black: How the Supreme Court is Destroying America
Only nine days before the First Amendment was passed by Congress in 1789, the nation’s first President George Washington accepted a request from both Houses to proclaim a day of “public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God.” In his dissenting opinion in Wallace v. Jaffree, Chief Justice Rehnquist wrote, “History must judge whether it was the Father of his Country in 1789, or a majority of the Court today, which has strayed from the meaning of the Establishment Clause.”
Since 1789, every session of Congress has begun with a prayer given by a clergy member whose salary is paid by taxpayers. The National Day of Prayer as well as the nation’s motto “In God We Trust” attests to the fact that the acknowledgement of the Judeo/Christian God or nature’s God in the public square is a tradition in this country. Many federal buildings and monuments in Washington, DC, display Bible verses etched in stone. The United States Supreme Court building houses a statue of Moses holding the 10 Commandments.
The First Amendment does not restrict religious practice to church or home; it actually permits and protects the practice of religion in the public square. Suppression of religion is the hallmark of atheist-communist societies, which have routinely restricted the practice of religion to church or home.
“We are a religious people whose institutions presuppose a Supreme Being … When the state encourages religious instruction … it follows the best of our traditions. For it then respects the religious nature of our people and accommodates the public service to their spiritual needs.
To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe.”—William Orville Douglas, majority opinion Zorach v. Clauson
Now that the Supreme Court no longer views religious rights as “unalienable,” it regulates and abridges them with impunity. The Court rejects natural law and the doctrine of original intent and guarantees freedom from religion and not freedom of religion. In protecting the rights of atheists and agnostics over those who believe in the Judeo/Christian God or nature’s God and in cleansing institutions and communities of Judeo/Christian symbols and practices, the Court has become a “despotic branch” of government.
Judicial activists are nothing short of radicals in robes—contemptuous of the rule of law, subverting the Constitution at will, and using their public trust to impose their policy preferences on society. In fact, no radical political movement has been more effective in undermining our system of government than the judiciary. And with each Supreme Court term, we hold our collective breath hoping the justices will do no further damage, knowing full well they will disappoint. Such is the nature of judicial tyranny.— Mark R. Levin, Men In Black: How the Supreme Court is Destroying America
The Framers understood that government encouragement of religion did not violate the First Amendment and establish a state religion. Today, however, federal courts not only restrict the religious activities of government, but they also restrict the religious expressions of the people.
“We hold it for a fundamental and undeniable truth, that religion, or the duty we owe our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence. The religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right.”—James Madison
To control the masses, despots must always divert the people’s attention away from the plot against them. Over the last 60 years, federal courts have gradually supplanted faith in the Judeo/Christian God or nature’s God with secular beliefs and established an atheistic Secular Humanist religion; yet their work has gone largely unnoticed because Americans have been too preoccupied with reports of Christian memorials and symbols in the public square that supposedly breach the imaginary wall separating church and state.
IF GOD DIDN’T CREATE EVIL, THEN WHO OR WHAT DID?
Posted in Latest Commentary, Published Commentaries, The Musings of I.M. Kane, tagged Amos, Apostle Paul, Arminianism, Calvinism, Canada Free Press, Ephesians, evil, free moral agency, free moral agent, free will, Genesis, God's Word, Gordon Clark, Holy Bible, I Corinthians, imkane, Isaiah, Jerry A. Kane, Job, Romans, Satan, Scripture, sovereignty, sovereignty of God, The Millstone Diaries, Westminster Confession, Westminster Confession of Faith, wicked, wickedness on September 13, 2015| Leave a Comment »
If God Didn’t Create Evil, Then Who or What Did?
By Jerry A. Kane
Occasionally I’ll respond to a comment on one of my news stories or commentaries, but rarely will I take the time to write a lengthy reply to a commenter. However, there are always exceptions to any rule.
Below is an exchange of comments between me and a responder to my latest commentary, “Whom God Means to Destroy, He First Makes Undiscerning” published at Canada Free Press:
He wrote:
“Wrong!!!!
He [God] does not make them so [undiscerning], but allows them to make themselves so.
God does NOT create evil, but allows it so they can damn themselves – then He destroys them, more often by other evil entities”
To which I responded:
“First off, I’m not always right, but I’m never wrong. Secondly, your theology appears to be Arminian, mine isn’t. I believe God is sovereign, not man. Finally, as to whether or not God creates evil, the prophet Isaiah clearly says He does:
‘I form the light, and create darkness: I make peace, and create evil: I the Lord do all these things.’ Isaiah 45:7 (KJV)”
Then he responded:
It appears we agree on most of this – we are using different terms to say the same thing except for one item.
“Isaiah 45:7 should match Amox 3:6 where the more correct translation would be ‘..shall there be evil in a city, and the LORD not done [known] it?’ He knows of the evil, he does NOT create it. If that were so, He would no longer be God.
‘God cannot be tempted by evil, and He Himself does not tempt anyone.’ (James 1:13) and ‘God is light, and in Him there is NO darkness at all’ (emphasis mine) (1 John 1:15) As there is much less error in translation in the New Testament, I will believe God Himself over other ideas.
Arnminian? No, but many of his [I think he’s referring to the author of the piece, which of course is me, but he doesn’t realize it] thought processes are in the correct realm, but your [I think he’s addressing the commenter, not the author of the piece] assessment of that group is just opposite of what they say. It is their claim that God is Soverign, and that is the reality of our creation.”
And I wrote:
“How can I discuss the never-ending debate over biblical manuscripts and the central issue of Christianity with someone who knows so little, but thinks he knows so much? The short answer is I can’t. Yet, I won’t let your unsupported assertions go unchallenged.
You say, “Isaiah 45:7 should match Amox [sic] 3:6 where the more correct translation would be ‘..shall there be evil in a city, and the LORD not done [known] it?'” The word “ra” translated evil in Isaiah 45:7 (the same word used in Amos 3:6) is never translated as sin in the Hebrew text.
In the context of Amos 3:6, ra can be correctly translated to mean “sorrow, afflictions, adversity, wretchedness, or calamities,” but in Gen. 5:6, 8:21, 13:13, 38:7 and fifty other verses in the OT, ra can be translated “wickedness,” which clearly implies sin.
In the context and plain meaning of Isaiah 45:7, ra means wickedness and not calamities and afflictions as the fruits of sin. In context, if ra means external calamities in the verse “I form the light, and create darkness: I make peace, and create evil,” then the word “peace” must mean a military peace, i.e., a political matter, because the phrases are parallel.
However, the verses preceding and following verse 7 are not restricted to trivial political matters, verse 3 speaks of treasures of darkness, hidden riches, and the knowledge of God; verse 6 speaks of God’s knowledge extended throughout the world; and verse 8 speaks of righteousness falling down from heaven like a pouring rain.
The following chapter in Isaiah makes it clear that God just doesn’t know things, as you put it, but He actually brings about what He has purposed:
“Declaring the end from the beginning, and from ancient times the things that are not yet done, saying, My counsel shall stand, and I will do all my pleasure: … yea, I have spoken it, I will also bring it to pass; I have purposed it, I will also do it. Isaiah 46:10-11 (KJV)
You write that God “knows of the evil, he does NOT [please, let’s not be sophomoric] create it.” By “know” I assume you mean that God knows or permits evil to happen. What you fail to understand is that “permitting” man to sin does not absolve God from the charge of being the “author” of sin, as you seemed to suggest in writing “If that [God created evil] were so, He would no longer be God.”
God “permitted” Satan to afflict Job; but Satan could not have afflicted him without God’s approval. Permission does not exonerate God. If God could have prevented, not only Job’s trials, but all of mankind’s sins and temptations, if He foresaw them and decided to let them occur, how can He be less reprehensible than if He had decreed them?
Put another way, if a bystander could rescue a baby from a burning building, but decided to “permit” the baby to die in the flames, would you say that the bystander’s decision to watch the baby burn was morally acceptable because he wasn’t the one who lit the building on fire? Your position puts you on the horns of a dilemma whether you realize it or not.
You also write that my “assessment of that group [Arminian] is just opposite of what they say.” By sovereignty I mean that God has eternally decreed all that ever comes to pass, and providentially controls all things in his created universe, including the “free will” of man.
The Arminian notion of man’s free will cannot coexist with God’s omnipotence. If man’s free will to fulfill his sinful desires and purposes can resist and thwart God’s perfect will and purpose, then God is not all powerful, man’s free will is.
Neither is the Arminian view of free will compatible with God’s omniscience, because knowing all things renders the future certain. If God foreknows all things, then of necessity those things will come to pass; otherwise, they could not be “foreknown.”
Acts 2:22, 23 and 4:27, 28 teach that God foreknew, even foreordained Jesus’ crucifixion by the hands of sinful men, yet the men who carried out his execution are responsible for murder. If God ordained it, could the high priest and Sanhedrin have done differently? Could Judas Iscariot not have betrayed Jesus Christ? Scripture plainly teaches that God determined or decreed their actions.
I’m not saying that men are robots and don’t make choices. They do have “free will” in the sense of “free moral agency.”
All men have freedom of choice in that they choose to do what they want to do and can’t do otherwise. But man is not free to be indifferent, i.e. his freedom to choose is always governed by the fears, desires, and habits of his sinful nature. Yet, all his choices are subject to the eternal decrees of God.
Romans 3:9-18; 8:7, 8 and Ephesians 4:17-19 teach that man cannot choose what God requires. Man will always choose the evil desires of his flesh, which are dictated by his sinful nature. Man is never indifferent in his willingness to do anything. Even though God has determined all things that will ever come to pass, man is held responsible and accountable for his sinful actions.
As the writers of the Westminster Confession of Faith (3:1; 5:2, 4) put it:
“God … did … ordain whatsoever comes to pass: yet so, as thereby neither is God the author of sin, nor is violence offered to the will of the creatures, nor is the liberty or contingency of second causes taken away, but rather established…. Although, in relation to the foreknowledge and decree of God, the first cause, all things come to pass immutably and infallibly; yet, by the same providence, he ordereth them to fall out according to the nature of second causes, either necessarily, freely, or contingently…. as the sinfulness thereof proceedeth only from the creature, and not from God; who, being most holy and righteous, neither is nor can be the author or approver of sin.”
You’re right that “God cannot be tempted by evil, and He Himself does not tempt anyone.” (James 1:13).” Nowhere does the Scripture teach that God is evil; however, it does teach that God is both the cause of sin and the cause of salvation. Scripture also teaches that God is not responsible or accountable to anyone or anything for what He does; yet His creatures are accountable and responsible to Him for what they do.
God is holy and righteous, but our sinful nature taints and limits our understanding of His holiness and righteousness. As Paul writes, “For now we see through a glass, darkly… but then shall I know even as also I am known.” 1Corinthians 13:12 (KJV).
You write, “As there is much less error in translation in the New Testament, I will believe God Himself over other ideas.” I am always willing to teach those whom God has made willing to learn, but I will not waste my time and energy on people who dogmatically hold to their erroneous preconceptions of Christianity and what Scripture teaches.
So you know, I spent hours researching and writing this response, and you have taken enough of my precious time. Thank you for your response to my piece and please accept this as a final response to any further discussion.”
NOTE: The hot links were added for this post at The Millstone Diaries. There were no hot links in my responses to in the comment section at Canada Free Press.
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