Religious Freedom and the Constitution

 

The Constitution of the United States is known as the Supreme Law of the land. However, in using those words we do not all mean the same thing. The rule of law has been bent through court action to include actions which are not mentioned within the document.  As a case in point, Roe versus Wade is still a controversial decision and litigation still ongoing to clarify that decision. Similar to that, religious freedom is documented in the First Amendment yet litigation is ongoing because those words do not mean the same to all people. For some, religious freedom means freedom from religion, for others it means that whatever you believe you can practice without interference from government.

    These differing opinions emanate from the The Establishment Clause and the Free Exercise Clause of the First Amendment:  They state, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."  There seems to be no limit to the exercise of one's belief. And that practice would seem to put free exercise of religion above the rule of law and therefore the Constitution itself. In an opinion on animal sacrifice, Justice Anthony Kennedy stated: "religious beliefs need not be acceptable, logical, consistent or comprehensible to others in order to merit First Amendment protection" (quoted by Justice Kennedy from the opinion by Justice Burger in Thomas v. Review Board of the Indiana Employment Security Division 450 U.S. 707 (1981)).  It is this thought process that tends to forget that a second element comes into play.  That element is the Constitution and rule of law.   In 1955, Chief Justice of California Roger J. Traynor stated, "Although freedom of conscience and the freedom to believe are absolute, the freedom to act is not."

Examples of sanctions modifying religious freedom through law:

• Polygamy 
• Same Sex Marriage
• Ritual animal sacrifice
• Female genital mutilation
• Abortion
• Political speech in the pulpit

These are just some examples which show that freedom of religion is not unlimited in its exercise.  It is quite clear that the founders and the courts see religious freedom on two planes -- belief and action.  Although belief is unlimited and free, action is filtered through the rule of law. Taking it one step further, the Constitution would define religion as belief, not action.  A religion which includes unfettered lawless action as it's fundamental core steps beyond religion as found in the Constitution and into a political system which may be detrimental to all but it's adherents.  If the U.S. Constitutional System of the United States is to survive, these political systems must be outlawed even as they are deemed a religion elsewhere in the world.

This brings us to the current religious issue which is facing the Western Civilization with the introduction of Islam into Europe and the United States.  By definition, Islam is a dictatorial political system which demands strict discipline in daily living within a codified law called Shari'a.  Herein is the issue which is confounding Europe at this time.  The Western world views religion as a personal affair -- one which allows an individual the freedom to believe or not to believe as is his preference. Sharia does not allow individual preferences and dictates how a person must think, act and live.  To defy Sharia or deny Islam itself brings swift punishment and even death.  To a Muslim, Sharia law and Islam stands above the Constitution of the United States and thus negates the very fundamental God-Given Liberties that we profess.

Islam demands unfettered unconstitutional (illegal) action and is a political system incompatible with the Constitutional notion of religion. 

This fact is shown in the European countries today as Islam is being introduced to their Western culture.  Chaos is occurring because the individual belief or non-belief is not tolerated by the Muslim immigrants and by their tradition, Shari’a law has instructed them how to act toward non-believers.  As Islam and it's traditions supersede the local laws, chaos and strife occur because one group is adhering to a set of laws that the other group does not acknowledge.

As the United States allows the introduction of Islam into our culture, the results will be the same.    Our common order, structures, mores will be called into question and chaos, strife and destruction will be our lot.   

It is imperative that religion be legally defined so that it is compatible at all times with our culture. This will be a big stretch from where we are now, but the Courts and Congress must take this on before it is too late to reverse. 

 Because Islam is not a Constitutional religion, but a political system much in opposition to ours, we must stop its introduction into the United States and reconfirm that the Constitution and the Bill of Rights are the Supreme Law of the land.   

 

An Awakened Citizen,  

RJP