Friday, April 16, 2010

National Day of Prayer Cancelled?

Senior US District Judge Barbara B. Crabb (Western District of Wisconsin) handed down a decision holding the National Day of Prayer is unconstitutional. The suit was brought by Freedom from Religion, Inc.
As aggravating as this suit may be because of all the forces in this Nation (e.g., ACLU, Freedom from Religion, et al) that are trying to undercut the moral tenor of this Nation, there may be a legitimate Constitutional question in this case.
The Freedom from Religion Foundation bring their suits based on the constitutional principle of separation between church and state. Unfortunately for them, there is no such principle.
The catch phrase, separation of church and state originally was expressed by Thomas Jefferson in a letter to the Danbury Baptist Association in 1802. The phrase does not appear in the Constitution.
If that is true, what is the Constitutional question?
The root question may go back to the origins of the National Day of Prayer. This day, honorable in itself, was created as a joint resolution of Congress in 1952. And therein lies the question: Does the joint resolution of Congress contravene the first amendment: Congress shall make no law respecting an establishment of religion…
Or, to restate the question, does a Congressional resolution amount to lawmaking? I believe this question, given it's first amendment implications, will go all the way to the Supreme Court.



One more step closer to a Soviet style system

hbl said...

Or, the Wilsonian administrative state. But, amongst other things, they must tear down the idea that we are a Christian nation. The progressives have been working hard at that for the last century. Maybe this case will settle the question once and for all.