"Modern Day Moses"
Mr. Speaker, I would like to commend Congressman Steve King for his excellent speech, included here for the Record, addressing courts' attacks on religion in the United States. Our Constitution never intended for religion to be eliminated…
Mr. Speaker, I would like to commend Congressman Steve King for his excellent speech, included here for the Record, addressing courts' attacks on religion in the United States. Our Constitution never intended for religion to be eliminated from the public square, but that is what judges are forcing upon us. I appreciate Congressman King's eloquent statement on the judicial assault on religion.
[From the desk of Congressman Steve King, Iowa, Fifth District, Mar. 6,
2005]
Modern Day Moses
I turned my eyes away from ``In God We Trust,'' engraved
deeply in the stone above the Speaker's chair, and walked
under the direct stone gaze of Moses, as I left the chambers
of the United States House of Representatives. I walked
through statuary hall in the U.S. Capitol where Thomas
Jefferson and James Madison were among the first presidents
to attend regular church services. The House Chaplain had
given the opening prayer to start the legislative day and our
member's chapel in the capitol was open for morning
meditation as I walked briskly across the capitol grounds to
the Supreme Court. The cases of Van Orden v. Perry and
McCreary County, Kentucky. v. ACLU, were to be heard this
day. I went expecting to hear profound Constitutional
arguments before the only court created by the Constitution,
the Supreme Court.
I walked up the steps of the high courthouse. From the top
of the pediment, looming, larger than life, Moses gazes down,
holding the Ten Commandments. All who pause here and all who
enter here are on notice, this is a nation built upon a moral
foundation, a nation of laws, not of men, a nation
founded upon the belief in ``the laws of Nature and Nature's
God.'' I climbed the long steps, walked past the huge
columns, stepped out of the sunlight and into the presence of
a security guard. I introduced myself to the guard who
replied, ``I'm Moses and I'll escort you to your seat.''
``Moses! Moses?'' I responded. The guard smiled and nodded
his head. ``There couldn't be a better person to lead me to
hear the Ten Commandments cases,'' I said.
Modern day Moses led me to the chambers, through the huge
oak double doors, engraved with the Ten Commandments, and to
my seat in the chambers. The courtroom was soon full when we
all stood to the Supreme Court Marshal's announcement, ``The
Honorable Associate Justices of the Supreme Court of the
United States. Oyez! Oyez! Oyez! . . . God save the United
States and this Honorable Court!'' The justices filed in and
were seated. On the frieze above them and to their left,
sculpted in stone, stands Moses with the Ten Commandments.
It is a rare privilege to be in the presence of the most
powerful and unaccountable shapers of American society that
our nation has ever seen. The oral arguments before the
Supreme Court in the two cases before it will likely
determine if there will be changes in whether and under what
circumstances religious displays can be placed on public
property. As I listened to the questions and remarks from the
justices, I considered the implications of what had become of
our Constitutional right to religious freedom and the
Constitution itself. A growing uneasiness slowly turned into
a sinking feeling in my stomach.
Before I get to the cases at hand, I remind you that the
Constitution is written to protect the rights of the minority
against the will of the majority and the rights of the
majority against the whim of the court. Without the
Constitution and the Bill of Rights, the will of the majority
would be imposed on the minority. Put simply, a pure
democracy is two coyotes and a sheep taking a vote on what's
for dinner. The Founders understood this and rejected
democracy in favor of their new invention, a
Constitutional Republic. Our Republic is a unique design
of the carefully balanced executive, legislative, and
judicial branches. The three branches of government were
not designed to be ``separate but equal'' branches but
three carefully balanced branches, the weakest of which is
the judicial branch. They were to function together so
that the will of the majority could not overturn
Constitutional guarantees. The Founders were concerned
about the power of an unchecked court so they put limits
on its power. The Supreme Court's Constitutional charge is
to rule on the letter and the intent of the Constitution,
``with such Exceptions, and under such Regulations as the
Congress shall make.'' (Article III, Section 2. United
States Constitution)
The question before the court was, ``do the displays of the
Ten Commandments violate the ``establishment clause?'' ``Do
the displays violate the separation of church and state
implied in the Constitution?'' Those of us who came to the
Supreme Court expecting to hear profound Constitutional
arguments were sadly disappointed. To my ear, no justice
referenced the Constitution or quoted from it or asked a
question directed to the text of our foundational document.
The questions were, ``What is the context of the display?''
``Was it a religious display, secular, or historical?''
``What was the intent of those who displayed them? Religious?
Secular? Historical?'' ``How would the display be perceived
by a reasonable person? Religious? Secular? Historical?''
``Is anyone offended by the Ten Commandments?'' All pro-
religious freedom arguments were carefully and narrowly
designed to preserve the two displays in question before the
court. One in Texas and one in Kentucky. There was no effort
made in oral argument that might have expanded religious
freedom by establishing a precedent that would provide for
true Constitutional religious freedom. The entirety of the
oral arguments before the court and the interest of the
justices were focused on issues that cannot be found in the
text of the Constitution.
The First Amendment to the Constitution of the United
States states, ``Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; . . .'' There are initially only two qualifying
questions to be asked of a religious display. One, did
Congress. or any of the states (14th amendment), make a law
that established a religion? The obvious answer is no. The
Constitution has not been violated if Congress has made no
law to establish a religion. There is no need to deliberate
further. Case closed. For the sake of argument, the second
question is, did Congress or any of the states prohibit the
free exercise of religion? Again the answer is no. Again the
case is closed because no Congressional or state action
prohibited the free exercise of religion although the court
has done so many times and may well be poised to do so again.
Sadly, these two elemental and operative questions were not
asked or answered, yet they are the qualifiers that must be
met before any religious freedom case can be Constitutionally
argued beyond these two points.
Since 1963, in the case of Murray v. Curlett when the
Supreme Court ordered prayer out of the public schools, there
have been a series of decisions that have diminished
religious liberty, one creative, convoluted, extra-
constitutional case at a time, until the basis of a
``Constitutional'' decision is distorted beyond the
recognition of even those of us who have lived through and
with the changes. Imagine how astonished and irate our
Founding Fathers would be if they were alive to see the
magnitude to which unelected judges have warped our sacred
constitutional covenant with their original intent. James
Madison, the father of our Constitution, attended church
services in the capitol rotunda where regular Sunday church
services were held for 60 years. I can hear Madison now, ``We
gave you an amendment process! Why didn't you use it? Why
would you honor the opinions of appointed judges who dishonor
the Constitution?''
In case after case, the courts have ruled against the
letter and the intent of the Constitution to the effect of
diminishing religious freedom until they have now painted
themselves into a legal corner. If their case precedents are
to be the path, there is no way out of the room to the door
marked ``Constitutional Guarantees'' because of the principle
called stare decisis, Latin for: to stand by things that have
been settled. Because of their activist arrogance, for the
justices, the wet paint of case law precedent never dries,
therefore we can't walk back across the paint through the
doorway to our guaranteed Constitutional freedoms.
Consequently our freedoms are reduced with each stroke of the
activist's pen until they are no longer recognizable and the
Constitution becomes meaningless.
Last fall, in a small and private meeting, I asked Chief
Justice Rehnquist, whom I admire, this question, ``If the
Constitution doesn't mean what it says, and as the courts
move us further and further from original intent (of the
Constitution), what protects the rights of the minority from
the will of the majority and what protects the will of the
people from the whim of the courts? And, considering the
prevalent ``living breathing Constitution'' decisions, hasn't
the Constitution just become a transitional document that has
guided our nation from 1789 into this `enlightened' era where
judges direct our civilization from the bench? Is the
Constitution now an artifact of history?'' The core of Chief
Justice Rehnquist's answer was, ``I acknowledge your point.''
To acknowledge my point concedes that the Constitution has
become meaningless, become an artifact of history, as far as
the courts are concerned. Constitutional law is taught in law
schools across the land without teaching the Constitution
itself. Constitutional law is too often a course study about
how to amend the Constitution through litigation. In fact, we
had a law professor before the House Committee on the
Judiciary who testified, ``You give me a favorable judge and
I will write law for the entire United States of America, in
a single courtroom on a single case.''
Our Nation has suffered through more than forty years of
activist judges wandering in their anti-religion desert, a
desert hostile to Christians and Jews and devoid of
Constitutional boundaries. Let my people go! It will take
another Moses to lead us out of the desert and back to the
Promised Land of our Founding Fathers, a land wisely provided
for and abundantly blessed by God.