Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Thursday, December 13, 2007
Mario Diaz :: Townhall.com Columnist
Judge Declares Declaration of Independence Unconstitutional
by Mario Diaz
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


Okay, so the headline is a bit premature, but it’s the logical precursor to the legal philosophy of liberal extremists, isn’t it?

Ever since the Supreme Court erroneously elevated Thomas Jefferson’s “wall of separation between church and state” metaphor to a constitutional doctrine in the 1947 landmark decision Everson v. Board of Education, a growing sort of legal fog has been setting in on our constitutional religious freedoms, ending in what can only be described as a requirement of government hostility towards religion.  This is, of course, not only a far cry from what our founding fathers intended, including Thomas Jefferson — a staunch religious liberty advocate — but it is a far cry from what “We the people” intended when the Constitution was ratified. 

The many perils of reading into the Constitution a “wall of separation between church and state” where none exists came as no surprise to many of us.  Nothing good ever comes from deviating from the clear text and context of the Constitution.  Many well-intentioned, smart people have argued for a “living, breathing” Constitution, changing with the times and looking for small immediate “advances,” but this interpretation has only one result in the long run: tyranny. 

In no other area of law has this proven truer than when it comes to our religious liberty.  In the last sixty years, we have seen a constant attack on prayer in schools, the Ten Commandments, the sanctity of life, Christmas, Christian symbols and even religious doctrines.  In many instances, our religious rights have been so inhibited that the result is exactly what the founding fathers where trying to prevent: the government dictating what the people can or can’t do when it comes to religion.

Because of their hostility toward religion and their unveiled hatred toward anything related to God, these extreme liberal scholars are forced to ignore history, precedent and facts and are forced to decide cases from what they feel is best for the country.  It is astonishing how they can go back in history and erect a temple for a distorted “wall of separation between church and state” phrase, while ignoring the text of the Constitution and the volumes of documents showing the people’s real concern when enacting the First Amendment.  If they want to go outside of the Constitution, you would think that they would look at the whole, and not one simple phrase, but that would be assuming that they are looking for what really happened and not for something to support what they believe is the “right thing.”

Their twisted logic puts them on very unstable footing because there is no foundation.  They are making law with the times, with what feels right at the moment, and then trying to go back to make history fit their latest and greatest idea.

This is why they seem to virtually ignore the Declaration of Independence.  It’s too simple, too direct and too straightforward.  If they were to be honest, they would have to say unequivocally that the Declaration of Independence is unconstitutional.  After all, here is what this horrible, oppressive document says:

When, in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and 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, a decent Respect to the Opinions of Mankind requires that they should declare the Causes which impel them to the Separation.

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, that among these are Life, Liberty, and the Pursuit of Happiness.--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.[1]

“Laws of Nature and of Nature’s God,” “Endowed, by their Creator”?  Let’s pass a bill including this language today and see what happens.  The American Civil Liberties Union (ACLU) would bring suit before the vote was even cast; Michael Newdow’s daughter would somehow be deeply affected by it, prompting him to bring yet another suit; and Barry Lynn would be invited to every major news show to “educate” us as to why this kind of rhetoric is okay as long as you keep it to yourself, but once you actually express it, well, then we have a problem. Continued...

1 2
| Full Article & Comments | Next >
Share:
Vote on It:
Average Vote:
 
About The Author

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

Be the first to read Mario Diaz’s column.
Sign up today and receive Townhall.com delivered each morning to your inbox.
Sign up today
Grace...
"Four storm-related deaths in Indiana occurred when a van carrying a woman and her three daughters skidded into a pond in Carmel, Indiana. The vehicle was underwater when emergency crews Saturday night, authorities said."

State Rights Fantasy
Your state's rights fantasies remind me of a bunch of fools sitting around a bar after a Confederate civil war reenactment. Maybe there will be a state's right's revolution to undo stare decisis since FDR, but I kinda doubt it.

Until then, your dreams of religious bigotry of the "majority" will remain where they are right now...in the dustbin of history.

PS...if you don't think there should be a separation of church and state that means, what, a combo of the two? You don't seem like Anglicans...
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.