RESEARCH
ON REQUIRING OR PROHIBITING EXERCISE OR EXPRESSION OF RELIGION
PREAMBLE TO THE U.S. CONSTITUTION
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.
Commentary: We the people have all the power - Federal government has
only the limited powers we grant.
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.
Commentary: Since only Congress can
make a Federal law, this rules out judicial laws of case law and precedence.
AMENDMENT I
Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress
of grievances.
Commentary: Congress can make no
law requiring or prohibiting the free exercise of religion.
AMENDMENT IX
The enumeration in the Constitution
of certain rights, shall not be construed to deny or disparage others retained
by the people.
Commentary: Only the rights that
are listed in the Constitution are granted. All others are retained.
AMENDMENT X
The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
Commentary: Any power not specifically granted in the Constitution is
kept by the people or the State, unless it is specifically prohibited to the
State.
Since Only
Congress can make a Federal law and Congress is prohibited from making a law
requiring or prohibiting prayer in school( one example of free exercise of
religion), ANY Federal Law that requires or prohibits free exercise of religion
is UNCONSTITUTIONAL.
This applies to
all laws regarding the free exercise of religion.
The Supreme Court
has used the 14th Amendment to give them authority to enact judicial laws that
prohibit the free exercise of religion. But as this dialogue proves that is
Unconstitutional and therefore unenforceable.
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The Supreme Court in
" Zorach v. Clauson, supra, at 314.
It is insisted that unless these religious exercises are permitted a "religion of secularism" is established in the schools. We agree of course that the State may not establish a "religion of secularism" in the sense of affirmatively opposing or showing hostility to religion, thus "preferring those who believe in no religion over those who do believe.
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The authority on
what is to be taught, posted or not posted, pray or not to pray is vested in
the local school board.