"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;..."
Together with the 14th Amendment, the Freedom of Religion is established in the U.S.A. by the Second Amendment of our Constitution
The two camps, both liberal and conservative, tend to only recognize the virtue of half this clause from the Second Amendment of the U.S. Constitution. Liberals tend to only accept the first half of the clause. Conservatives tend to only recognize the second half. Yet, Freedom of Religion can only be guaranteed if both halves are equally recognized.
The first half limits government from enforcing religion upon the populous. This means schools cannot institutionalize prayer. They cannot teach religion in any context except where religion itself is objectively studied in terms of history or social science. It means judges, states and any government institutions cannot promote religion, use it in their proceedings or refer to it in its decision making process. It also means that government cannot give preferential treatment to particular religious organizations. That is to say, it’s ok to give all religious organization a tax-exempt status, but it’s not ok to actually give money to particular groups without using some non-religious common criteria.
On the flip side, the other half of the Freedom of Religion clause prevents our governments from stopping someone from practicing their religion. This means that a school cannot tell a student that they cannot pray during school hours. It means that religions that are in the extreme minority may not be transgressed upon for their practices. Now, reason had intervened with the understanding of this clause. If a religion advocates harming others or their property, this is not protected religion activities. What is protected is what the individual does themself with their own property or within their own life, as long as they are not harming others.
An example of both ends of the second half of the Freedom of Religion clause have been tested out in the litigation involving Jehovah’s Witnesses. Jehovah’s Witnesses fought for the right to practice their religion within schools. Through the Supreme Court, they have won the right to not salute the flag at school. However, they have also been required to prevent unnecessary harm to their children by being forced to all medical care that involves blood transfusions. As part of their religion, they believe that seeking professional medical care is valuable and important, but have a specific prohibition again the practice of using blood transfusions.
So, the Second Amendment doesn’t allow the government to promote religion, and it does not allow the government from preventing it either. This leads to the contemporary discussion regarding the concept of the separation of church and state. The words “separation of church and state” do not appear in the Second Amendment. Nor do they need to in order to establish such a separation because the words actually used in the Second Amendment establish the even greater and more inclusive principal of Freedom of Religion. Freedom of Religion inherently establishes a de facto separation of church and state, not as a doctrine itself, but as the only practical way to apply the Freedom of Religion principle with the actual wording of the Second Amendment.
Again, the Second Amendment (together with the 14th Amendment) prevents the U.S.A. governments (local, state and national) from promoting, imposing or prohibiting religion on/of its citizens, which creates a de facto separation of church and state.
My personal glimpse into the first half of the 21st Century for some yet to be known future
Sunday, January 15, 2006
Saturday, January 14, 2006
More and less
It seems like the more busy I get, the less I talk about it. Damn, it's a buzy month though. Well, I moved into my own apt. The neighborhood is a couple steps down from my last, but it's my own place and the bedroom is all hella huge. I already got my car bumped into while it was parked in its spot. That is less annoying that it sounds. I've been hoping for sumfin like that to happen for a long time now so I could at least share the costs of replacing the bumper from previous incidents. This, coupled with a bunch of other items needing attention forced me to take a day off from work last week. I was running all over town taking care of busy that was piling up, including getting the quote estimate for repairing the damage to my car.
In Dec, I had to deal with two drunk asses (that couldn't handle their alcohol in one way or another) on separate nights, ruining two perfectly fun evenings out. Not cool. Well, New Years was laid back and enjoyable, even though everyone was sick.
Last night a group of us got together for a birthday dinner for Ronie and Fernando at House of Genji. Allie and I have had pretty good experiences there recently with fun and talented cooks, so we where a bit underwelmed by last night's cook, but overall we all had a fun time.
What else? Well, there's a bunch of other stuff too, but maybe I'll go into details later.
In Dec, I had to deal with two drunk asses (that couldn't handle their alcohol in one way or another) on separate nights, ruining two perfectly fun evenings out. Not cool. Well, New Years was laid back and enjoyable, even though everyone was sick.
Last night a group of us got together for a birthday dinner for Ronie and Fernando at House of Genji. Allie and I have had pretty good experiences there recently with fun and talented cooks, so we where a bit underwelmed by last night's cook, but overall we all had a fun time.
What else? Well, there's a bunch of other stuff too, but maybe I'll go into details later.
Monday, January 09, 2006
Pat Robertson
The notion that Pat Robertson might be slowing going insane has recently crossed my mind. Over the past couple of years, he has increasingly said some of the most ridiculous things. This isn't like the 19th Century where one could claim not to have said sumfin, so he always has to make some comment the next day to clarify his outragous statement. His clarification normally contains one or more major undeniable lies to try to make his original statement sound more reasonable. These lies have involved his claiming his original statement did not say what it says. lol The good thang is the people are finally starting to take notion and critize him for the ridiculousness and for the subsequent lies to cover over his ridiculousness. However, for some reason, he's still running the 700 Club. Is no one minding the store over there. Do no one at the 700 Club see that he's starting to slip over the deep end? Psst, the 700 Club is a large corporation that this thinnly guised as a nonprofit charity organization. The fact is, it makes more money than most companies in America, and that it spends that money in the effort to big further wealth. This is illegal for a nonprofit corporation. Anyways, I'm getting off topic. Pat Robertson is going insane. One would think that the people running the 700 Club would want to get their number one money maker back in line with reason to prevent the corporation from being taking as seriously. Hmm
Friday, December 30, 2005
House not home
I'm in the process of moving out of a house that I've lived in for over 4.5 years. Although I've lived in that place for longer that I've live most anywhere else, I never viewed it as a home, only as a house where I lived. Even though I moved into that place only 4 years ago, it really does seem like a life time. I'm different now. My group of friends is different. All of this had nufin to do with the house, so maybe that's why I never thought about it before. Wierd.
Wednesday, December 21, 2005
News whore Letterman
I'm such a news whore right now. Here's another interesting piece:
Lady gets restraining order against Letterman for sending her secret coded messages over the TV that instructed her to do thangs like move east and marry him. Ummm, that is funny. You can't make this stuff up!
Lady gets restraining order against Letterman for sending her secret coded messages over the TV that instructed her to do thangs like move east and marry him. Ummm, that is funny. You can't make this stuff up!
Tuesday, December 20, 2005
Unions still have their place
I used to believe that Unions are no longer necessary, but I'm not so sure anymore. As the union power recedes over time, employers are becoming increasing arrogant again. (Enron wouldn't have come close to getting away with their scam with union bosses on their tail.) It's not yet as bad as the 1800's, but we aren't as far off from reliving that nightmare again as some seem to think.
Already, some of the basic protections for workers are being scaled back, being wrongfully labelled as "archaic". We should be pushing world's developing nations to aspirer to meeting the challenge of copying our system of labor. We should not be rolling back our system to compete with them. As someone who is firmly rooted in white collar middle class, I can say the only thang protecting my career is the rarity of my work skills. As the world market becomes more competitive, that rarity will diminish, as with many American jobs. We need to help other countries realize that having a suitable standard of living is just as important as having one or two successful companies in their country. Henry Ford gave us clear examples of how to run companies that benefit the employees and in turn, benefit the company because employee prosperity is spent buying company products. Anyways, we are on a slippery slope that we should back away from.
Already, some of the basic protections for workers are being scaled back, being wrongfully labelled as "archaic". We should be pushing world's developing nations to aspirer to meeting the challenge of copying our system of labor. We should not be rolling back our system to compete with them. As someone who is firmly rooted in white collar middle class, I can say the only thang protecting my career is the rarity of my work skills. As the world market becomes more competitive, that rarity will diminish, as with many American jobs. We need to help other countries realize that having a suitable standard of living is just as important as having one or two successful companies in their country. Henry Ford gave us clear examples of how to run companies that benefit the employees and in turn, benefit the company because employee prosperity is spent buying company products. Anyways, we are on a slippery slope that we should back away from.
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