Friday, March 18, 2005

You Liberals make me sick!

I have had enough of taking the higher road with you liberals. For one post I will sink to your level.

How is it that you liberal do-gooders always come to the aid of some killer on death row screaming about how it is just so wrong to put this criminal to death, but you want to kill a helpless handicapped lady? Why do YOU feel you can play GOD?

You people are always calling conservatives "Nazis". But look at your own position. Hitler as a matter of policy killed the handicapped and anyone else he felt was a drain on his vision of society. This tactic is an exact mimic of the early Third Reich. You people are killing an innocent human being. I'm sure you will say she is in a vegetative state, but she laughs, cries, and smiles when her parents are around.

Don't you think it is strange that her "husband" won't allow pictures of her to be brought out to the public. Why won't he allow reporters into her room to prove to the world that she truly is in a vegetative state? What is he hiding? I think Michael Schiavo and that scumbag judge in Florida both need to be thrown in jail for attempted murder. That's exactly what they are doing. They are killing her! Why do all you "compassionate liberals" want to kill her? She has been given a death penalty without committing a crime.

Try killing a dog the way they are killing Terri Schiavo and you will have PETA and the ACLU in your front yard reading to you all about the dogs rights. You F****G HYPOCRITES! I guess we all know who the true compassionates are in the world, you lousy excuses for life forms just can't come from behind your rhetoric and let her live.

If someone comes in front of a criminal court for murder, the prosecution must prove without a doubt that the defendant is guilt. If there is a "reasonable doubt" (that means any doubt) that the defendant did not commit the crime, then the jury must find him innocent. I believe there is a reasonable doubt that Terri is not in a vegetative state at all. Why won't you err on the side of life? Her own parents want to care for her. Let them do it.

You liberal punks really make me sick!!

"Always choose life, Death is the only thing you can't get rid of"

Winston Churchill

Marine to Run Gauntlet of the ‘Law of War'

Dave Eberhart, NewsMax.com
Sometime between mid-March and late April, 2nd Lt. Ilario Pantano, U.S.M.C., is scheduled to appear before a Uniform Code of Military Justice Article 32 investigating officer at Camp Lejeune, N.C., Maj. Matt Morgan, II Marine Expeditionary Force public affairs officer tells NewsMax. At issue: Are there reasonable grounds to believe Pantano committed a pair of murders on April 15, 2004 while serving as a platoon commander in Iraq?

At the conclusion of the pre-trial investigation, where the respondent is represented by counsel and can cross-examine witnesses and present his own, the investigating officer will prepare a report – including a recommendation for the disposition of the charges – and forward it to the commanding general.

Reasonable enough on its face – the Art. 32 proceeding is compared to the civilian grand jury or preliminary hearing – but there is a growing cadre of critics that wonder why Pantano in doing his duty must now face what they see as an ill-advised game of second-guessing a military leader's actions in the field.

What Facts Are Known

On April 15, 2004, while serving as a platoon commander in Easy Company, 2nd Battalion, 2nd Marine Regiment in Iraq, Pantano was ordered to reconnoiter a reported terrorist hiding spot. He led his "quick-reaction" platoon to the site, a home in the town of Mahmudiyah, south of Baghdad and not far from the bloody town of Fallujah.

Pantano's orders were to raid the house and neutralize the reported nest of insurgents holed up there with their arms cache.

The intelligence turned out to be correct, and Pantano's Marines discovered weapons and bomb-making equipment in the house. As the Marines were securing the building, two Iraqis bolted from the site to a nearby truck, a sport utility vehicle.

The Marines charged after the suspects and brought the vehicle to a halt by shooting the tires out. Pantano ordered the pair out of the truck and, in accordance with standard operating procedures, told the captives to tear the interior of the truck apart to ensure that it was not booby-trapped.

What exactly happened next remains uncertain.

The Marine Corps has not released any official rendition of what it alleges happened. However, Pantano's civilian attorney, Charles Gittins, says that the two Iraqi men began chattering to one another, then the Iraqis made what Pantano determined to be a threatening move. When told to stop in their native language by Pantano, they continued in his direction.

As Pantano described it to the Naval Investigative Service:

"After another time of telling them to be quiet, they quickly pivoted their bodies toward each other. They did this simultaneously, while still speaking in muffled Arabic. I thought that they were attacking me, and I decided to fire my M-16A4 service rifle in self-defense. ..."

After the fact, it is determined that neither suspect was armed nor rigged with explosives.

Gittins advises, however, "After the killing, the number of attacks in that area went down to almost zero."

It was not until months later when Pantano returned to Camp Lejeune that he was informed he was being charged with premeditated murder in the deaths of the two Iraqis – a charge that theoretically could carry the death penalty.

A Dangerous, Dirty Environment

The incident occurred at a time in which casualties to coalition forces increased by 400 percent, to 1,000.

Pantano's platoon was billeted with the 200 members of Easy Company in an abandoned administrative building with 10 rooms. Devoid of any semblance of creature comforts, the Marines slept in their clothes, weapons at the ready. Ready-to-eat meals and drinking water were trucked in daily from the Marines' headquarters at Camp Fallujah, 40 minutes away.

Pantano's world is certainly different now that he is back at Camp Lejeune with his wife and young children, but the atmosphere is still dense with danger as the Marine faces another adversary: the system and the Law of War.

The spokesman for the Marine Corps' 2nd Division, Maj. Matt Morgan, recently remarked:

"Americans have seen what is in the press, and they have a tendency to support the Marines. On the other side of that, completely unconnected, there is something called the Law of War, and it is possible for a Marine to violate that. To say you can't second-guess a Marine – well, every Marine who deploys has the experience that anything they do can be second-guessed."

Rules of Engagement

At the heart of that Law of War is the often nettlesome subject of the Rules of Engagement (ROE). Although these rules get tailor-made for various missions, an example of the rules are these ROE training cards, once issued by judge advocates to a Marine Expeditionary Unit:

"Nothing in these rules limits your Authority and Obligation to take all necessary and appropriate actions to defend yourself and your unit

Right to defend Always return fire with aimed fire. You have the right to use force to repel hostile acts.

Anticipate attack You have the right to use force to respond to clear indications of hostile intent.

Measure your force When time and circumstances permit, use only that force which is necessary and proportional to protect lives and accomplish the mission.

Protect with Deadly force only human life and sensitive mission essential property designated by the commander.

USE OF FORCE Force includes everything from shouting a warning up to the use of deadly force. Use as much force as is necessary to decisively end the situation in your favor. You are authorized to use force against another person or group to protect yourself and others and you may use force to accomplish your mission.

SELF-DEFENSE You will always protect yourself and others against anyone who uses or is clearly about to use force against you. You may initiate or use preemptive force against those who indicate "hostile intent" against you or other friendly forces. "Hostile Intent" is the threat of imminent use of force by an opposing force or terrorist unit against friendly forces.

Always apply the Principles of the Law of War in using force. They are:
1. MARINES FIGHT ONLY ENEMY COMBATANTS.
2. MARINES DO NOT HARM ENEMIES WHO SURRENDER. YOU MUST DISARM THEM AND TURN THEM OVER TO YOUR SUPERIOR.
3. MARINES DO NOT KILL OR TORTURE PRISONERS.
4. MARINES COLLECT AND CARE FOR ALL WOUNDED, WHETHER FRIEND OR FOE.
5. MARINES DO NOT ATTACK MEDICAL PERSONNEL, FACILITIES, OR EQUIPMENT.
6. MARINES DESTROY NO MORE THAN THE MISSION REQUIRES.
7. MARINES TREAT ALL CIVILIANS HUMANELY.
8. MARINES DO NOT STEAL, MARINES RESPECT PRIVATE PROPERTY AND POSSESSIONS.
9. MARINES SHOULD DO THEIR BEST TO PREVENT VIOLATIONS OF THE LAW OF WAR; THEY MUST REPORT ALL VIOLATIONS OF THE LAW OF WAR TO THEIR SUPERIORS."

It is principle No. 9 that may have put Pantano in harm's way.

According to Gittins, the incident would have remained laid to rest but for the complaint by a person he describes as a "disgruntled sergeant," who apparently reported what he interpreted as a violation of the rules.

The Marine sergeant, who accused Pantano of outright executing the two men – but who came forward only weeks later – told investigators that he did not understand why the officer had the Iraqis search the vehicle, because a Navy corpsman already had done a "full search," according to a report in the Washington Post.

"As soon as I turned my back, Lt. Pantano opened [fire on] them with approximately 45 rounds. After the shooting, Lt. Pantano let everyone know on the [radio] that he was the one that shot. ... Me and [the corpsman] were both shocked about what just happened."

Inherent in the rules is the principle that the alleged violation must be investigated.

Whether or not the Corps is simply going by the numbers and is as anxious as Pantano is see the incident closed without further harm to Pantano, at this point, says Gittins, his client "feels betrayed."

Humane Society

When a dog or cat is sick or injured, it is frequently put to sleep by gassing it. The animal falls asleep and then slowly it's body shuts down. If someone ever intentionally starved an animal to death they would be put in jail for cruelty to animals. PETA and the other liberal groups would be protesting and pushing for a stiff prison sentence. But today a lady named Terri Shiavo will be deprived of food and water until she dies. This is being done by a court and a husband in Florida today. They claim that Terri is in a persistent vegetative state. However she smiles, laughs, and cries with her parents when they are visiting her. Today her feeding tube wll be removed and she will begin the process of being starved to death. A death not even fit for a dog. Pray for her.

Tuesday, March 15, 2005

Take the Constitution Test


Twenty-five questions you should be able to answer about the U.S. Constitution

1.) How does the Constitution of the United States provide for changes, so that it may be fluid with time and appropriate for future generations?

a.) Congress may pass bills which overrule or ignore the Constitution

b.) Judges may redefine the Constitution

c.) The Constitution can be amended

d.) Public opinion can nullify certain parts of the Constitution

2.) An amendment to the Constitution must pass by what minimum margins?

a.) Over 50% of the vote in the House and Senate, a signature by the president, and adoption by at least 3/4 of the states.

b.) Over 50% of the vote in the House and Senate and adoption by at least 3/4 of the states - a signature by the president is not required.

c.) A 2/3 majority in the House and Senate, a signature by the president, and adoption

by at least 3/4 of the states.

d.) A 2/3 majority in the House and Senate and adoption by at least 3/4 of the states - a signature by the president is not required.

3.) When the Constitution was first ratified, how were U.S. Senators elected?

a.) By a vote of the state legislatures.

b.) By a vote of the people

c.) By election from the House

d.) By appointment of the president

4.) The Constitution creates what type of government?

a.) A pure democracy

b.) A Republican form of government

c.) An aristocracy

d.) An oligarchy

5.) In the form of government expressed in the Declaration of Independence and defined by the Constitution, power flows:

a.) From God to the elected officials, then to the people

b.) From the elected officials to the people - God is not involved

c.) From God to the people, then to the elected officials

d.) From the people to the elected officials - God is not involved

6.) The Constitution requires Congress to be assembled:

a.) All year long - except for short recesses - so that it may address any emergencies which might arise in the states.

b.) Only once per year.

c.) Twice per year.

d.) Three times per year.

7.) The powers which are not specifically enumerated in the Constitution as powers of the federal government, are:

a.) Automatically given to Congress

b.) Automatically given to the states.

c.) Given to Congress or to the states by the president

d.) Given to Congress or to the states by the Supreme Court

8.) Choose the only power in the following list which the Constitution does not give to Congress.

a.) The power to borrow money

b.) The power to provide for the common defense of the United States

c.) The power to create a Social Security system

d.) The power to establish post offices

9.) Choose the only power in the following list which the Constitution does not give to the states.

a.) The power to create a Social Security system

b.) The power to create a Welfare system

c.) The power to enter into an agreement with a foreign power

d.) The power to build its own roads

10.) Prior to passage of the 16th amendment in 1913, income taxes were unconstitutional. How did the federal government pay for itself before income taxes were collected?

a.) Import duties, excise taxes and taxes divided among the states by population

b.) It didn't - the U.S. government was in debt and almost bankrupt

c.) A tax was paid to vote (a poll tax)

d.) Property taxes only

11.) The Constitution does not allow any bills of attainder to be passed - bills of attainder are:

a.) Bills which would allow the Congress to attain any of the rights of the people

b.) Bills which allow the president to attain any of the rights of the people

c.) Bills which allow the judiciary to attain any of the rights of the people

d.) Bills which allow forfeiture of rights or property without trial

12.) The Constitution does not allow the passage of any ex post facto law - ex post facto laws are:

a.) Laws which take effect before they are passed

b.) Laws which take effect before the people are notified

c.) Laws which take effect in the next legislature

d.) Laws which take effect after any need for the law exists

13.) The Constitution allows the president to make treaties and agreements with foreign powers, providing that

a.) A 2/3 majority of the Senate concurs

b.) Over 50% of the House and Senate concur

c.) A 2/3 majority of the House and Senate concur

d.) A 2/3 majority of the House concurs

14) According to the Constitution, the minimum infraction necessary for the impeachment of a judge is:

a.) A felony

b.) A misdemeanor

c.) Treason

d.) Bad behavior

15.) The Senate and the electoral college share a common reason for their existence, which is:

a.) To make government more cumbersome

b.) To make government more deliberate

c.) To give a greater voice to the larger states

d.) To give a greater voice to the smaller states

16.) Which of the following phrases does not appear in the Constitution?

a.) ...a wall of separation between Church and state

b.) All legislative powers herein granted shall be vested in a Congress of the United States,...

c.) No title of nobility shall be granted by the United States:...

d.) No money shall be drawn from the treasury, but in consequence of appropriations made by law;...

17.) The Constitution states that:

a.) The right of the people to keep and bear arms for the purpose of gaining sustenance and for self defense shall not be infringed

b.) The right of the people to keep and bear arms shall not be infringed unless Congress shall, by a simple majority, deem it necessary for the safety of the people

c.) The right of the military to keep and bear arms shall not be infringed

d.) The right of the people to keep and bear arms shall not be infringed

18.) The Constitution states that the people have a right to be secure against unreasonable searches and seizures, and requires that warrants specify:

a.) What the police want to see

b.) The crime that has been committed

c.) The place to be searched, and the persons or things to be seized

d.) The place to be searched only

19.) According to the Constitution, a trial by jury cannot be denied if the value of the lawsuit exceeds:

a.) $20

b.) $2000

c.) $20,000

d.) $200,000

20.) The Constitution allows government:

a.) to restrict the uses of land for environmental purposes

b.) to declare large tracts of land as wilderness areas

c.) to take private property without compensation for the building of roads

d.) to take private property for public use, but only if the owner is paid a fair price for it

21.) The Constitution states that no person may be deprived of:

a.) Life, liberty or the pursuit of happiness

b.) Life, liberty or property

c.) Life, liberty, the pursuit of happiness or a decent education

d.) Life, liberty, the pursuit of happiness, a decent education or reasonable housing

22.) To whom does the Constitution guarantee a right to vote:

a.) Citizens

b.) Citizens and legal aliens

c.) Anyone residing within the United States for more than seven years

d.) Citizens and all aliens

23.) The Constitution forbids slavery or involuntary servitude, except:

a.) In the military

b.) As a punishment for a crime

24.) The Constitution allows the federal government to promote the progress of science and the useful arts by:

a.) Giving tax money to artists and scientific research

b.) Giving authors and inventors exclusive rights to their work

c.) Establishing an endowmnent for science and the arts

d.) Deciding which of the arts and sciences should be promoted

25.) According to the Constitution, who has the right to govern that part of the military employed in the service of the United States?

a.) The president

b.) The Congress

c.) The Senate

d.) The Joint Chiefs of Staff

Answers for the Constitution Test

1.) How does the Constitution of the United States provide for changes, so that it may be fluid with time and appropriate for future generations?

c.) The Constitution can be amended

Article V of the constitution states that "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution..."

2.) An amendment to the Constitution must pass by what minimum margins?

d.) A 2/3 majority in the House and Senate and adoption by at least 3/4 of the states - a signature by the president is not required.

Article V of the Constitution further states that amendments "...shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States...". A signature by the president is not required.

3.) When the Constitution was first ratified, how were U.S. Senators elected?

a.) By a vote of the state legislatures.

Article I, Section 3 of the Constitution states that "The Senators of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof...". This ensured that the states would have a formidable voice in the federal government, thus making it difficult to erode states rights. It also held down the cost of federal elections, since statewide campaigning for a Senate seat was not required. This Section of the Constitution was modified by the 17th amendment in 1913, which states that "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof...".

4.) The Constitution creates what type of government?

b.) A Republican form of government

Article IV, Section 4 of the Constitution states that "The United States shall guarantee to every State in the Union a Republican form of Government...". This is not to be confused with the Republican party, which is named after our type of government. A Republican form of government is a representative democracy, where the people elect representatives who cast votes on legislation to be enacted. By contrast, a pure democracy is one in which the people vote directly on all legislation.

5.) In the form of government expressed in the Declaration of Independence and

defined by the Constitution, power flows:

c.) From God to the people, then to the elected officials

The Declaration of Independence states that "...all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed." The Declaration of Independence, therefore, states that the rights of the people are endowed by God. The Constitution sets up a Republican form of government, whereby the people elect their representatives.

6.) The Constitution requires Congress to be assembled:

b.) Only once per year.

Article I, Section 4 of the Constitution states that "The Congress shall assemble at least once in every Year..."

7.) The powers which are not specifically enumerated in the Constitution as powers of the federal government, are:

b.) Automatically given to the states.

The 9th amendment to the Constitution states that "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." and the 10th amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it [the Constitution] to the States, are reserved to the states respectively, or to the people."

8.) Choose the only power in the following list which the Constitution does not give to Congress.

c.) The power to create a Social Security system

Article I, Section 8 of the Constitution describes the powers of Congress in detail so that the power of the various states is not diluted. Article I, Section 8 does not allow the federal government to create a Social Security system. The Constitution could never have been ratified if the federal government had retained the power to collect and disperse vast amounts of money.

9.) Choose the only power in the following list which the Constitution does not give to the states.

c.) The power to enter into an agreement with a foreign power

Although states may create programs such as a Social Security system and a Welfare system under the Constitution, Article I, Section 10 of the Constitution states that "No state shall, without the Consent of Congress...enter into any Agreement or Compact with another State, or with a foreign Power...". The founding fathers were wise to make the states responsible for those powers not enumerated in the Constitution, since competitive state-run programs will be neither insufficient nor excessively generous. The former may cause people to leave a particular state, whereas the latter may cause a large enough influx of people to justify a state tax increase - which may also drive people from a particular state.

10.) Prior to passage of the 16th amendment in 1913, income taxes were unconstitutional. How did the federal government pay for itself before income taxes were collected?

a.) Import duties, excise taxes and taxes divided among the states by population

Article I, Section 2 of the Constitution states that ...direct Taxes shall be apportioned among the several States...". Article I, Section 8 states that "The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises...but all Duties, Imposts and Excises shall be uniform throughout the United States...". and Article I, Section 9 states that "No Capitation, [a head tax, or poll tax] or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

This means that the only continuous taxation power Congress had was indirect taxes - import duties and excise taxes [luxury taxes]. Any direct tax on a person had to first be apportioned, or divided, based upon the population of each state and, by definition, could only be levied at periodic intervals. Direct taxes were levied sparingly and were used primarily to pay war debts. This was changed in 1913 with the passage of the 16th amendment, which states that "The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

11.) The Constitution does not allow any bills of attainder to be passed - bills of attainder are:

d.) Bills which allow forfeiture of rights or property without trial

Article I, Section 9 of the Constitution prevents Congress from passing any bills of attainder and Article I, Section 10 prevents the states from doing so. Article I, Section 9 says "No Bill of Attainder or ex post facto Law shall be passed". Article I, Section 10 says "No State shall...pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts".

12.) The Constitution does not allow the passage of any ex post facto law - ex post facto laws are:

a.) Laws which take effect before they are passed

Therefore, according to the Constitution, the retroactive portion of any law is clearly unconstitutional. Article I, Section 9 of the Constitution prevents Congress from passing any ex post facto law and Article I, Section 10 prevents the states from doing so.

13.) The Constitution allows the president to make treaties and agreements with foreign powers, providing that

a.) A 2/3 majority of the Senate concurs

Article II, Section 2 of the Constitution states that "He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur...".

14) According to the Constitution, the minimum infraction necessary for the impeachment of a judge is:

d.) Bad behavior

Article III, Section 1 of the Constitution states that "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior...". The founding fathers were quite adamant that the original intent of the Constitution and its amendments would always be enforced by the judiciary.

Speaking on this issue in Federalist #81, Alexander Hamilton (a member of the Constitutional Convention, later to become Secretary of the Treasury under President George Washington) stated that "In the first place, there is not a syllable in the plan under consideration [the Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State."

On June 12, 1823, Thomas Jefferson wrote to Supreme Court Justice William Johnson "On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."

James Madison wrote to Henry Lee on June 25, 1824 "I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution...What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in the modern sense."

15.) The Senate and the electoral college share a common reason for their existence, which is:

d.) To give a greater voice to the smaller states

The Senate was devised as a way to balance the power of the House, where the number of Representatives per state is divided by population. The smaller states, feeling always at the mercy of the more populous states, wanted a check upon this power. Each state, therefore, was given equal power and an equal number of members in the Senate. Likewise, the electoral college was a compromise between allowing the president to be chosen by Congress (too much power for the legislative branch of government) or by a direct popular vote (too much power for large states) or by the state legislatures (too much power for the states over the federal government). The electoral college gives each state a number of electors equal to the number of House and Senate members for that state. Small states, therefore, have a much greater vote than their population would otherwise allow. Since the winner of the presidential election in each state receives all of that states' electoral votes, this system requires the victor to win enough states all across the country to enable him to govern. The electoral college makes it virtually impossible for one region of the country to elect the president of the United States. And although this system also requires the victor to obtain a sufficient popular vote to govern, there are times when the electoral college will elect a president who has not obtained an absolute majority of the popular vote. This was deemed secondary to the ultimate goal of preserving the Union by the founding fathers.

16.) Which of the following phrases does not appear in the Constitution?

a.) ...a wall of separation between Church and state

The phrase "...a wall of separation between Church and State." appears in a letter by Thomas Jefferson to the Baptist Association of Danbury, CT on January 1, 1802 - it does not appear anywhere in the Constitution. The eight words contained in that phrase were taken out of context by the Supreme Court in 1947 when it struck down school prayer in the case of Everson v. Board of Education. The Supreme Court, which cited zero precedents for its ruling, stated that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach." Thomas Jefferson's letter says "Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of government reach actions only and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting [regarding] an establishment of religion or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State." President Jefferson's meaning was further clarified in a letter to the Reverend Samuel Miller on January 23, 1808 when he said "I consider the government of the United States as interdicted [prohibited] by the Constitution from intermeddling with religious institutions...or exercises."

The 1st amendment to the Constitution states that "Congress shall make no law respecting [regarding] an establishment of religion, or prohibiting the free exercise thereof...".

17.) The Constitution states that:

d.) The right of the people to keep and bear arms shall not be infringed

The 2nd amendment to the Constitution states that "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

18.) The Constitution states that the people have a right to be secure against unreasonable searches and seizures, and requires that warrants specify:

c.) The place to be searched, and the persons or things to be seized

The 4th amendment to the Constitution states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

19.) According to the Constitution, a trial by jury cannot be denied if the value of the lawsuit exceeds:

a.) $20

The 7th amendment to the Constitution states that "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

20.) The Constitution allows government:

d.) to take private property for public use, but only if the owner is paid a fair price for it

The 5th amendment to the Constitution says "...nor shall private property be taken for public use without just compensation."

21.) The Constitution states that no person may be deprived of:

b.) Life, liberty or property

The 5th amendment to the Constitution states that "No person shall be...deprived of life, liberty or property, without due process of law". The 14th amendment says "...nor shall any State deprive any person of life, liberty or property, without due process of law". The phrase "life, liberty and the pursuit of happiness" appears in the Declaration of Independence, not the Constitution.

22.) To whom does the Constitution guarantee a right to vote:

a.) Citizens

The 15th amendment to the Constitution, ratified in 1870, states that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." The 19th amendment, ratified in 1920, states that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

23.) The Constitution forbids slavery or involuntary servitude, except:

b.) As a punishment for a crime

The 13th amendment to the Constitution states that "Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

24.) The Constitution allows the federal government to promote the progress of science and the useful arts by:

b.) Giving authors and inventors exclusive rights to their work Article I, Section 8 of the Constitution states that "The Congress shall have Power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their Respective writings and Discoveries".

25.) According to the Constitution, who has the right to govern that part of the military employed in the service of the United States?

b.) The Congress

Article I, Section 8 of the Constitution states that "The Congress shall have Power...To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States...".

Each question is worth 4 points. Grade yourself according to the following curve:

90 - 100% = A

80 - 89% = B

75 - 79% = C

70 - 74% = D

69 and below = F

And keep taking the test until you get an A!

Quick thought on Corporate Executive Ethics and Excesses

Why does Bush get such a reputation for cozying up to corporations when his administartion has overseen more corporate executive being found guilty than anyone can remember? ie, WorldCom's Ebbers Convicted of All Counts

Politics on the High Court

Does anyone think that just because our Supreme Court Justices are appointed for life and not elected officials, they are above the political frey? Please read this article.
The article is about politics on the high court, not about the juvenile death penalty as the headline reads. It is an unfortunate headline.

After you have read it, then please comment on what YOU THINK!

Personally, I think Scalia makes some very good points. One of the things I most respect about him as a person and a Justice is his belief that the constitution is a legally binding document, not a "living constitution" that changes with the wind.

Sunday, March 13, 2005

The Myth of "Separation of Church and State"

Anytime religion is mentioned within the confines of government today people cry, "Separation of Church and State". Many people think this statement appears in the first amendment of the U.S. Constitution and therefore must be strictly enforced. However, the words: "separation", "church", and "state" do not even appear in the first amendment. The first amendment reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The statement about a wall of separation between church and state was made in a letter on January 1, 1802, by Thomas Jefferson to the Danbury Baptist Association of Connecticut. The congregation heard a widespread rumor that the Congregationalists, another denomination, were to become the national religion. This was very alarming to people who knew about religious persecution in England by the state established church. Jefferson made it clear in his letter to the Danbury Congregation that the separation was to be that government would not establish a national religion or dictate to men how to worship God. Jefferson's letter from which the phrase "separation of church and state" was taken affirmed first amendment rights. Jefferson wrote:

I contemplate with solemn reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church and State. (1)
Read the complete Jefferson letter here

The reason Jefferson choose the expression "separation of church and state" was because he was addressing a Baptist congregation; a denomination of which he was not a member. Jefferson wanted to remove all fears that the state would make dictates to the church. He was establishing common ground with the Baptists by borrowing the words of Roger Williams, one of the Baptist's own prominent preachers. Williams had said:

When they have opened a gap in the hedge or wall of separation between the garden of the Church and the wilderness of the world, God hath ever broke down the wall itself, removed the candlestick, and made his garden a wilderness, as at this day. And that there fore if He will eer please to restore His garden and paradise again, it must of necessity be walled in peculiarly unto Himself from the world...(2)

The "wall" was understood as one-directional; its purpose was to protect the church from the state. The world was not to corrupt the church, yet the church was free to teach the people Biblical values.

The American people knew what would happen if the State established the Church like in England. Even though it was not recent history to them, they knew that England went so far as forbidding worship in private homes and sponsoring all church activities and keeping people under strict dictates. They were forced to go to the state established church and do things that were contrary to their conscience. No other churches were allowed, and mandatory attendance of the established church was compelled under the Conventicle Act of 1665. Failure to comply would result in imprisonment and torture. The people did not want freedom from religion, but freedom of religion. The only real reason to separate the church from the state would be to instill a new morality and establish a new system of beliefs. Our founding fathers were God-fearing men who understood that for a country to stand it must have a solid foundation; the Bible was the source of this foundation. They believed that God's ways were much higher than Man's ways and held firmly that the Bible was the absolute standard of truth and used the Bible as a source to form our government.

There is no such thing as a pluralistic society. There will always be one dominant view, otherwise it will be in transition from one belief system to another. Therefore, to say Biblical principles should not be allowed in government and school is to either be ignorant of the historic intent of the founding fathers, or blatantly bigoted against Christianity.

Each form of government has a guiding principle: monarchy in which the guiding principle is honor; aristocracy in which the guiding principle is moderation; republican democracy in which the guiding principle is virtue; despotism in which the guiding principle is fear. Without people of the United States upholding good moral conduct, society soon degenerates into a corrupt system where people misuse the authority of government to obtain what they want at the expense of others. The U.S. Constitution is the form of our government, but the power is in the virtue of the people. The virtue desired of the people is shown in the Bible. This is why Biblical morality was taught in public schools until the early 1960's. Government officials were required to declare their belief in God even to be allowed to hold a public office until a case in the U.S. Supreme Court called Torcaso v. Watkins (Oct. 1960). God was seen as the author of natural law and morality. If one did not believe in God one could not operate from a proper moral base. And by not having a foundation from which to work, one would destroy the community. The two primary places where morality is taught are the family and the church. The church was allowed to influence the government in righteousness an d justice so that virtue would be upheld. Not allowing the church to influence the state is detrimental to the country and destroys our foundation of righteousness and justice. It is absolutely necessary for the church to influence the state in virtue because without virtue our government will crumble -- the representatives will look after their own good instead of the country's.

Government was never meant to be our master as in a ruthless monarchy or dictatorship. Instead, it was to be our servant. The founding fathers believed that the people have full power to govern themselves and that people chose to give up some of their rights for the general good and the protection of rights. Each person should be self-governed and this is why virtue is so important. Government was meant to serve the people by protecting their liberty and rights, not serve by an enormous amount of social programs. The authors of the Constitution wanted the government to have as little power as possible so that if authority was misused it would not cause as much damage. Yet they wanted government to have enough authority to protect the rights of the people. The worldview at the time of the founding of our government was a view held by the Bible: that Man's heart is corrupt and if the opportunity to advance oneself at the expense of another arose, more often than not, we would choose to do so. They firmly believed this and that's why an enormous effort to set up checks and balances took place. Absolute power corrupts absolutely. They wanted to make certain that no man could take away rights given by God. They also did not set up the government as a true democracy, because they believed, as mentioned earlier, Man tends towards wickedness. Just because the majority wants something does not mean that it should be granted, because the majority could easily err. Government was not to be run by whatever the majority wanted but instead by principle, specifically the principles of the Bible.

Our U.S. Constitution was founded on Biblical principles and it was the intention of the authors for this to be a Christian nation. The Constitution had 55 people work upon it, of which 52 were evangelical Christians.(3) We can go back in history and look at what the founding fathers wrote to know where they were getting their ideas. This is exactly what two professors did. Donald Lutz and Charles Hyneman reviewed an estimated 15,000 items with explicit political content printed between 1760 and 1805 and from these items they identified 3,154 references to other sources. The source they most often quoted was the Bible, accounting for 34% of all citations. Sixty percent of all quotes came from men who used the Bible to form their conclusions. That means that 94% of all quotes by the founding fathers were based on the Bible. The founding fathers took ideas from the Bible and incorporated them into our government. If it was their intention to separate the state and church they would never have taken principles from the Bible and put them into our government. An example of an idea taken from the Bible and then incorporated into our government is found in Isaiah 33:22 which says, "For the Lord is our judge, the Lord is our lawgiver, the Lord is our king..." The founding fathers took this scripture and made three major branches in our government: judicial, legislative, and executive. As mentioned earlier, the founding fathers strongly believed that Man was by nature corrupt and therefore it was necessary to separate the powers of the government. For instance, the President has the power to execute laws but not make them, and Congress has the power to make laws but not to judge the people. The simple principle of checks and balances came from the Bible to protect people from tyranny. The President of the United States is free to influence Congress, although he can not exercise authority over it because they are separated. Since this is true, why should the church not be allowed to influence the state? People have read too much into the phrase "separation of church and state", which is to be a separation of civil authority from ecclesiastical authority, not moral values. Congress has passed laws that it is illegal to murder and steal, which is the legislation of morality. These standards of morality are found in the Bible. Should we remove them from law because the church should be separated from the state?

Our founding fathers who formed the government also formed the educational system of the day. John Witherspoon did not attend the Constitutional Convention although he was President of New Jersey College in 1768 (known as Princeton since 1896) and a signer of the Declaration of Independence. His influence on the Constitution was far ranging in that he taught nine of fifty-five original delegates. He fought firmly for religious freedom and said, "God grant that in America true religion and civil liberty may be inseparable and that unjust attempts to destroy the one may in the issue tend to the support and establishment of both."(4)

In October 1961 the Supreme Court of the United States removed prayer from schools in a case called Engel v. Vitale. The case said that because the U.S. Constitution prohibits any law respecting an establishment of religion officials of public schools may not compose public prayer even if the prayer is denominationally neutral, and that pupils may choose to remain silent or be excused while the prayer is being recited. For 185 years prayer was allowed in public and the Constitutional Convention itself was opened with prayer. If the founding fathers didn't want prayer in government why did they pray publicly in official meetings? It is sometimes said that it is permissible to pray in school as long as it is silent. Although, "In Omaha, Nebraska, 10-year old James Gierke was prohibited from reading his Bible silently during free time... the boy was forbidden by his teacher to open his Bible at school and was told doing so was against the law."(4) The U.S. Supreme Court with no precedent in any court history said prayer will be removed from school. Yet the Supreme Court in January, 1844 in a case named Vidal v. Girard's Executors, a school was to be built in which no ecclesiastic, missionary, or minister of any sect whatsoever was to be allowed to even step on the property of the school. They argued over whether a layman could teach or not, but they agreed that, "...there is an obligation to teach what the Bible alone can teach, viz. a pure system of morality." This has been the precedent throughout 185 years. Although this case is from 1844, it illustrates the point. The prayer in question was not even lengthy or denominationally geared. It was this: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country." What price have we paid by removing this simple acknowledgment of God's protecting hand in our lives? Birth rates for unwed girls from 15-19; sexually transmitted diseases among 10-14 year olds; pre-marital sex increased; violent crime; adolescent homicide have all gone up considerably from 1961 to the 1990's -- even after taking into account population growth. The Bible, before 1961, was used extensively in curriculum. After the Bible was removed, scholastic aptitude test scores dropped considerably.

There is no such thing as a pluralistic society; there will always be one dominant view. Someone's morality is going to be taught -- but whose? Secular Humanism is a religion that teaches that through Man's ability we will reach universal peace and unity and make heaven on earth. They promote a way of life that systematically excludes God and all religion in the traditional sense. That Man is the highest point to which nature has evolved, and he can rely on only himself and that the universe was not created, but instead is self-existing. They believe that Man has the potential to be good in and of himself. All of this of course is in direct conflict with not only the teachings of the Bible but even the lessons of history. In June 1961 in a case called Torcaso v. Watkins, the U.S. Supreme Court stated, "Among religions in this country which do not teach what would generally be considered a belief in the existence of God are Buddhism, Taoism, Ethical Culture, Secular Humanism and others." The Supreme Court declared Secular Humanism to be a religion. The American Humanist Association certifies counselors who enjoy the same legal status as ordained ministers. Since the Supreme Court has said that Secular Humanism is a religion, why is it being allowed to be taught in schools? The removal of public prayer of those who wish to participate is, in effect, establishing the religion of Humanism over Christianity. This is exactly what our founding fathers tried to stop from happening with the first amendment.

1. Thomas Jefferson, Jefferson Writings, Merrill D. Peterson, ed. (NY: Literary Classics of the United States, Inc., 1984), p. 510, January 1, 1802.

2. John Eidsmoe, Christianity and the Constitution (MI: Baker Book House, 1987), p. 243.

3. M.E. Bradford, A Worthy Company: Brief Lives of the Framers of the United States Constitution (Marlborough, N.H.: Plymouth Rock Foundation, 1982), p. 4-5.

4. John Witherspoon, "Sermon on the Dominion of Providence over the Passions of Men" May 17, 1776; quoted and Cited by Collins, President Witherspoon, I:197-98.