IN THE CONSTITUTION?
of the RECENT TRIAL of JUDGE ROY MOORE
in the Constitution is it stated that: "All officers of the United
States Government shall be prohibited from exercising their
religion?" If you have read the Constitution, you know the answer.
would you, assuming you were an officer on trial, answer if you were asked
the question which Judge Moore was asked? There are at least four points
you could make using the Constitution. The question presented was:
understanding is that the Federal court ordered that you could not
acknowledge God; isn't that right? And if you resume your
duties...after this proceeding, you will continue to acknowledge God
as you have testified that you would today?---
could reply that, "no religious Test shall ever be required as
a Qualification to any Office or public Trust under the United
States," and\or "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech,..."
Congress can make no law, doesn’t that mean they cannot make one? That
is the very first addition to the Constitution by amendment:
Article I of the Bill of Rights. It seems rather plain, doesn’t it? If
there is no law, how can one be tried and sentenced for breaking a
non-law? In addition, is the one presiding actually the one breaking the
"‘thou shalt make no law’ law"? The Bill of Rights says
"no law shall be made." The Constitution states in Article VI,
paragraph 2 that judges shall be bound by that law:
Constitution, and the Laws of the United States which shall be made in
Pursuance thereof;.. shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding.
it is stated of the following officers that:
Senators and Representatives before mentioned, and the Members of the
several State Legislatures, and all executive and judicial
Officers, both of the United States and of the several States, shall
be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification
to any Office or public Trust under the United States.
Scriptures tell us, To the law and to the testimony: if they speak not
according to this word, it is because there is no light in them,
(Isaiah 8:20). Isaiah goes on to give the judgment that will fall on those
who despise the Lord God of Heaven, Emmanuel, whom he prophesied would be
born and upon whose shoulders government should rest saying, , "he
would establish his kingdom with judgment and justice." (Isaiah
9:6-7) "Woe unto them that decree unrighteous decrees, and that write
grievousness which they have prescribed."
an ambassador (representing his country and not himself) be
reprimanded and/or tried in court if he participates in conversation with
persons (private or public) concerning his beliefs. This is on the same
side of the scale as the actions of Judge Moore (to whom we were referring
above)-mixing ones religious beliefs with ones office.
Jay (delegate and president of the Continental Congress, Ambassador to
France, delegate to the Constitutional Convention, co-author of the
Federalist Papers, and the first Chief Justice of the United States under
the new Constitution) tells us of two encounters with French diplomats
while negotiating with the French along with John Adams and Benjamin
Franklin at the end of the Revolutionary War. He wrote:
was at a large party, several of which were atheists. One of them
asked me if 1 believed in Christ. I answered that I did, and that I
thanked God that I did. Some time afterward I sent for an English
physician, (an atheist) who resided at Paris. I saw the doctor
often. During one of his visits he very abruptly remarked that there
was no God and he hoped the time would come when there would be no
religion in the world. I very concisely remarked that if there was
no God there could be no moral obligations, and I did not see how
society could subsist without them.
from a "Letter to John Bristed, April 23, 1811," Quoted in
'In God We Trust', Norman Cousins, Harper & Brothers Publishers,
New York, 1950)
may ask, "Should Ambassador Jay have refused to mix his beliefs with
his duties as an officer of the Continental government?" Jay had no
qualms about this then, or ever! And who can say a man who held so many
high offices should be so mistaken!
clinch the argument that those who serve in "Office or public Trust
under the United States" are not required to give up their Christian
beliefs nor their right to express them while serving I thought it good to
pass along the following paragraph from the resolves of the Continental
Provincial Congress, Watertown, June 16th, 1775.... And whereas there
is great Danger that the Prophanation of the Lord's-Day will prevail
in the Camp: We earnestly recommend to all the Officers, not only to
set good Examples; but that they strictly require of their Soldiers to
keep up a religious Regard to that Day, and attend upon the public
Worship of God thereon, so far as may be consistent with other Duties.
true Copy from the Minutes,
SAMUEL FREEMAN, Secry.
Order of the Congress,
in "The Ten Commandments & their Influence on American Law,"
Wm. J. Federer, Amerisearch, Inc., p. 112.
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