US National Day of Prayer Ruled Unconstitution by Carter Appointee
© 2010 WorldNetDaily
In agruing against the limitless ruling by Carter appointee, the federal judge leaned on her emotions to suppor a ruling that is completely unsupportable in any other way.
"Indeed, to the extent the Supreme Court has addressed the issue at all, it has firmly repudiated such limitless theories of Article III standing," the brief continued.
The arguments from the ACLJ came in an appeal pending before the 7th Circuit of a decision by U.S. District Judge Barbara B. Crabb of Wisconsin, who decided the National Day of Prayer is unconstitutional.
Crabb's decision came in a case filed by the Freedom From Religion Foundation, a Wisconsin-based atheist and agnostic group that challenged the constitutionality of a 1988 federal law.
The law gives the president the authority to designate the first Thursday in May as a National Day of Prayer.
Crabb, appointed to the court in 1979 by President Carter, determined the statute violates the First Amendment's establishment clause, which says, "Congress shall make no law respecting an establishment of religion."
In her opinion, Crabb wrote that in her view of case law, "government involvement in prayer may be consistent with the establishment clause when the government's conduct serves a significant secular purpose and is not a 'call for religious action on the part of citizens.'"
But she wrote that the National Day of Prayer law "cannot meet that test."
"It goes beyond mere 'acknowledgment' of religion," Crabb wrote, "because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context. In this instance, the government has taken sides on a matter that must be left to individual conscience."
The case was appealed by the government, since the U.S. was a defendant in the case, and a multitude of civil rights organizations now are submitted friend-of-the-court briefs in the case.
According to a brief filed by the Alliance Defense Fund, "presidential prayer proclamations enjoy the same rich history in this country as legislative prayers. Both practices were common occurrences at the time the Constitution was drafted and ratified. Both practices have continued till today. Neither practice actually forces Americans to participate in a religious practice or believe in a certain way.
"They are simply tolerable acknowledgements of beliefs and practices widely held by Americans," the documents explain.
The dispute was over the declaration of a National Day of Prayer that has been exercised for decades. It was codified first by Congress in 1952.
"Public officials should be able to participate in public prayer activities just as America's founders did, and a recent federal judge's ruling should not prevent America's cities from lawfully observing the National Day of Prayer," said ADF Senior Legal Counsel Joel Oster. "We are confident that the 7th Circuit will uphold the federal statute setting a day for the National Day of Prayer."
Crabb's decision came April 15. She stayed her ruling until appeals could be resolved, however.
The ADF said the tradition of designating an official day of prayer began with the Continental Congress in 1775, after which George Washington issued a National Day of Thanksgiving Proclamation. Ever since, American presidents have made similar proclamations and "appeals to the Almighty."
ADF attorneys note that proclamations and appeals of state and local officials are no different. Historically, including 2010, all 50 governors, along with U.S. presidents, have issued proclamations in honor of the National Day of Prayer.
The ACLJ's brief was filed on behalf of dozens of members of Congress.
"This is a case where the law and history are very clear in recognizing the fact that a day set aside to pray for our country is not only a time-honored tradition, but one that is consistent with the First Amendment," said Jay Sekulow, chief counsel of the ACLJ. "Many members of Congress understand that the National Day of Prayer is a constitutional reflection of our history – our heritage. This tradition is supported by Supreme Court precedent and numerous acts of Congress. The 7th Circuit has an important opportunity to correct this badly flawed lower court decision. We're hopeful the appeals court will reverse the federal district court and protect a tradition that's been part of our nation for centuries."
The Freedom from Religion organization contends the statute violates the First Amendment because it endorses prayer and encourages citizens to engage in the practice. The White House has argued the statute is simply an "acknowledgment of the role of religion in American life" and is indistinguishable from government practices courts have upheld."
The ACLJ warned the use of "feelings" to determine a court case outcome would produce results that would be alarming.
"Allowing 'hurt feelings' to suffice would render irrelevant the entire body of taxpayer standing. In that area of case law, the Supreme Court has recognized a narrow exception to the usual rule .. that federal and state taxpayers cannot sue to challenge the use of tax money," the brief said. "That exception … allows taxpayers to sue only to challenge specific, legislatively authorized expenditures of funds, in alleged violations of the Establishment Clause.
"'Hurt feelings' standing would cast that limit to the wind," the brief said, arguing that the case should have been dismissed without even a hearing.
"Here, plaintiffs have sued over something they merely heard about."
"'Hurt feelings' standing, while a boon for 'cause mongers,' … is a bad idea whose time has not come. This court should vacate the district court's judgment and remand for dismissal for lack of standing," the brief argues.
Further, the history of the recognition day suggests it is "identified with our history and government."
And the literal reading of the district court's opinion could have ramifications across the country.
"Under the 'endorsement' guillotine, according to the district court's logic, might come the numerous religious inscriptions and works of art in the Capitol building. In the Rotunda of the Capitol Building, for example, are paintings with religious themes such as 'The Apotheosis of Washington,' depicting the ascent of George Washington into heaven…," the ALCJ said.
"The First Amendment Religion Clauses, which themselves single out religion for favorable treatment, simply do not require such a "relentless extirpation' of all religious expression and reference from public life," the brief said.
Source: World Net Daily
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Comments
... or prohibiting the free exercise thereof.
How about reading the ENTIRE phrase. Congress shall make NO LAW respecting (with respect to) an establishment of religion, or prohibiting the free exercise thereof,
Watch David Barton's America's Christian Heritage for a lesson on what the founders actually thought, wrote, and DID. http://www.wallbuilders.com/LIBissuesArticles.asp?id=121
Only Satan (the Great Deceiver) could make such an argument as the plaintiffs and this fool judge made. I keep seeing his puppeteer hand up those black robes.
History and Faith
We are in a WAR to save America from the Progressive and far Left movements. Progresives are bacisically the "Tories" of George Washington's day. Our Constitution was written to protect all men from taxation and control of YOUR MONEY AND RIGHTS FROM GOD! Our Democratic CONGRESS is PROGRESSIVES far LEFT on the democratic side. They are using their votes without our concent to TAKE AWAY ALL OF THE FREEDOMS OUR FOUNDERS DIED TO GIVE TO US. ONE VOTE AT A TIME. The Progressive movement wants your money, and to enslave all who work to pay for their wasteful spending. With no safe guards to protect what you "the Responsible Christian American wants, or our religious rights period" The Left, Democratic voice is screaming for the demise of our Constitution so they will be youR new King and CoMmunist Leaders. jUST LOOK AT THE OBAMA ZARS! VAN JONES ETC! They cannot even balance their checkbooks to the American people period. And they refuse to allow us to look into their books. But they will put IRS into your life and check book to steal every dollar they can and keep adding more tax's for their benefit to spend. Including abortions and the killing of babies in the womb. We are fighting the same war today that George Washington fought against England. But even worse today. Because socially in George Washington's time Abortion and other progressive movement ideas were NOT SOCIALLY ACCEPTABLE!! In fact that is why we fought England for our FREEDOMS!! And the pROGRESSIVES continued attempts to KILL OUR HERITAGE AND TWIST OUR FOUNDERS TO DEMONISE OUR CHRISTANITY!! For FREEDOM under God's protection is our GOD GIVEN RIGHTS! Not from government! Notice how this Government is KILLING ALL BASIC AMERICAN RIGHTS!! We are all born equal. But we achieve by choice our own level of financial success. The government has taken and is taking more today than England did at our Countries start! And this administration and Congress are not done yet!! They use their stealing of our hard earned dollars to pay people to stay home on welface and produce babies that will also vote and get everything from shelter, food, medical, etc for zero imput. Making the workers of America the slaves to and for the govenment and wefare reciepients. There is nothing wrong with a hand up, but everything wrong with a handout. It's called SELF-RESPECT!! Then dependence on that welfare check is more important than getting control of and being responsible for your own life. IN FACT THEY RECIEVE MORE THAM WORKING FOR MINIMUM WAGE. sO WHY WORK? iT'S NOT TO THEIR FININCIAL BENEFIT!! That is what our Founders warned us about. This is a so called different time THE DEMOCRATS AND PROGRESSIVES SAY. And the Left say our Constitution is outdated. But our FOUNDERS WERE RIGHT THEN AND NOW!! Because our Founders wrote the Constitution to protect all of us against the EVILS of Man; and Man has NOT CHANGED since the beginning of time. And they stated over and over again that our Nation would fall if not run by a Christian Value. And the progressives are forcing Christianity out of our politics and our classrooms and Colleges, AND OUR YOUTH ARE NOT EVEN BEING TAUGHT OUR HISTORY OF OUR NATION. WHAT OUR FOUNDERS FOUGHT AND DIED FOR FOR US TO BE FREE. This alows Progressives to get in power and crush America and control your wealth for them to use not you.
There needs to be a deep price to be paid for our officials who do not listen to the people, and betray our Constitution. Including being thrown out of office before term end, and being financially responsible for their decisions against our Constitutuion. Then there would be far less corruption. We all protect our own money better than any one else. Why is it, when our politicians go into office poorer yet they leave millonares? Term limits is why George Washington would'nt accept a third term. Term limits, limit corruption, forcing all politicians to live in what they have voted in. And forces them to be in the position of the American voter. This would keep our politicians connected to the real America. Not the political Washington DC Bubble that is SO DISCONNECTED from it's citizens and their values. We need to be Patriots, not tories or sunshine patriots. And that means supporting our CONSTITUTION with our votes, our pocket books and our voices; and teach our youth about GOD and GOD GIVEN RIGHTS OF OUR FOUNDERS.
The Progressives Want to Destroy Our Country
We must resist the power grab by the radical left. They are out to destroy traditional American culture and to subjugate us to global government. Let's vote the bums out of office!
Stupidity in the Court vs Order in the Court
It is coming to the point where we should be very afraid to have to face a judge in any court to get redress for wrongs done to us. It is obvious that a good number of recently appointed judges are so far to the left that I wonder how they are able to sit in a chair without falling over! It is far past time to clean up our government by voting out the corrupt, the career politicians, the idiot judges and carpetbaggers, and those who aren't ever going to listen to the people in their districts whom they are supposed to represent. We have a disease in government that has been going on for years called "Gonnarealectum" and it can only be cured by a new vaccine called "Votemout" and we have to be ready to use it in November. All you need are your brains and your pens and checkbooks to put your money where your mouth is. Unfortunately, the "good guys and gals" are usually the ones with the least money and really don't want the job, but figure they have to do something about the mess we're in. Even just a few dollars helps. Then we need to get the laws changed to limit terms to a reasonable amount of time (before absolute power corrupts absolutely) and no pensions, no big private jets (hear that Ms. Pelosi?) and the same health care and retirement plans that we get. If they want raises, they have to ask us and we vote. The Founding Fathers never intended for the government to be a career. Now it has become the fastest growing sector of the economy and too many people get paid too much money to do too little less efficiently than the private sector can. Something smells rotten, and it's in D.C. and spreading fast.
National Day of PRAYER
The judge seems to be just another obama lacky. We have had GOD in this country for over 200 years. Seems to me the judge is a Godless person. Remember, there are no atheists in fox holes.
Judge Crabb,
Judge Crabb, Another flaming liberal demon-crat trampling the constitution to serve the ungodly, such as herself.. Judge Crabb evidently you dont know American history or respect our founding fathers. Our constitution is based on GOD's word the HOLY BIBLE & is judeo-christian.. If you & your cohorts want freedom from religion go your own way. Don't trample the rights of the majority.. If you want to go to hell for an eternity covered in worms ,screaming in torment go for it. Actually , you better wake up. Stop spitting on GOD's word,& our nations constitution out of your own ignorance & arrogance...
Freedom
I don't know about anyone going to Hell after they die, that is beyond my understanding, but if the American people are not very careful they will certainly endure Hell on earth, if they are not now vigilant. You have fought before for what is good and for what your nation and the world needed, so fight again now and reject what is happening in your country that is so wrong. Perhaps I don't agree totally with what the USA does, but none are perfect. Good luck in your struggle as the rest of the world needs you. If you go down then so do we all.
Best wishes to the USA
From Australia
Court Ruling
This judge has once again used her power and own personal beliefs to trample the constitution. The constitution was formed by people who's ancestors had come to America escaping religious persecution. Of course the government should not make any law establishing any religion. The state church is what caused this amendment to be formed. But to say that a National Day of Prayer is unconstitutional because it violates the first amendment is lunacy. First of all, not only Christians and Jews pray. Muslims do as well. The day was not supporting one group or another, it was a call for all to pray. If you do not believe in God, do not participate. It is amazing to me how much so many give lip service to tolerance, when they are only tolerant if you agree with them or they get therir own way. This present administration has trampled human rights andd the constitution. But it did not begin here. Obviously by Crabbs appointment to this position by Carter, who professes Christianity, he as well had no clue as to how the costitution was formed. It must end now. Government of the people by the people and for the people should rise again. This nation has become what it is today because we welcome all. Atheist, Jews, Muslims, Christians, Buddhists, etc. When will we stop looking for differences and start treating one another and their beliefs with the respect all deserve?
this article
it is high time, we stopped these criminal judges, appointed by the democratic party to do there bidding. they circumvent the constitution and legislate from the bench. we must not only remove them from the bench, but hold them accountable for there actions. we need to disbar them and prosecute them for there unlawful actions. these people hold a lot of power when they are judges and should not be allowed to abuse the office they hold. this power seems to go to there heads, were they think they have the power of god. they don't. PROSCUTE THEM for there actions.
USE Our Power
Read the constitution. It gives CONgress the power to proscribe what matters the court can and cannot venture into. Where do we get a Republican Majority Leader with the intelligence and raw courage to put a stop to "interpreting" the constitution? It is a judge's job to APPLY the constitution. If it needed interpretation, it would fall into a time-honored legal concept known as Void for Vagueness.
Judicial Tyranny
The time has come! Disbar, prosecute, then extradite these Marxist to the Communist country of their choosing.
Agreed
Your comment is reasonable in the extreme. I believe that, until there are sanctions against public officials who misuse their offices, they will continue to abuse the public trust. There have to be CONSEQUENCES for this misconduct! The people must get angry and insist that judges and elected officials have a personal price to pay when they act outside their authority. As it is, they have written laws that protect themselves, even when they have egregiously violated the law in the conduct of their official duties.
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