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In Times Of Crisis, Elected Officials Must Be Held to One Consistent Standard – The U.S. Constitution

Written by Lathan Watts

When those entrusted with power to protect the God given rights of the people do so selectively, arbitrarily picking and choosing which freedoms are worthy of protection and to what extent, then we are no longer a nation governed by the rule of law but by the whims of men.

President Abraham Lincoln once observed,

“Nearly all men can stand the test of adversity, but if you really want to test a man’s character give him power.”

America now faces of a convergence of calamities unlike any our nation has dealt with in nearly a century. Amidst the confusion, what has become clear is the character of those in power is being tested and some are found as lacking in character as in their understanding of the U.S. Constitution.

From the very beginning of the COVID-19 pandemic we heard government officials at every level repeat some version of the mantra “the first priority of government is protecting the health and safety of the citizens.” The first priority, in fact the justification for the existence of government, is to protect the God-given rights of the people.

For example, New Jersey Governor Phil Murphy when asked by Fox News host Tucker Carlson how he could justify the arrest of 15 men attending the funeral of a Rabbi replied,

“That’s above my paygrade Tucker, I wasn’t thinking of the Bill of Rights when we did this…”

Of course, government is charged with protecting the health and safety of the citizens but it must be done, as all government action, within the parameters of the Constitution. First Liberty Institute and our volunteer attorney network have taken elected officials to court all over the country to hold them to this standard.

What has also become clear is how some in government and the media are willing to demand constitutional protections be enforced or abandoned depending on the subject matter. When business owners peacefully assembled to protest against the government imposed lockdown they were called everything from “selfish” to “domestic terrorists” and accused of valuing money over the lives of others.

When protests over the death of George Floyd broke out in cities across the country, no such concern over public health could be heard. It was exactly the opposite response. Over 1000 public health professionals signed on to a letter specifically calling for governments not to use concern over the spread of COVID 19 to stop protest marches and other demonstrations:

“However, as public health advocates, we do not condemn these gatherings as risky for COVID-19 transmission. We support them as vital to the national public health and to the threatened health specifically of Black people in the United States. We can show that support by facilitating safest protesting practices without detracting from demonstrators’ ability to gather and demand change. This should not be confused with a permissive stance on all gatherings, particularly protests against stay-home orders.” (emphasis added)

The last sentence of that letter means either the virus can distinguish between protestors based on the issue they’re protesting or these public health officials care more about virtue signaling and adherence to political ideology than the public health.

Any American with a modicum of morality and respect for justice in a civil society was appalled at what happened to George Floyd. That same sense of morality and respect for justice is what causes many to recoil at the sight of violent arsonists and thieves masquerading as protestors attempting to cloak their crimes in lawful activity.

Yet CNN anchor Chris Cuomo saw no conflict between the two,

“Now too many see the protests as the problem. No, the problem is what forced your fellow citizens to take to the streets: persistent, poisonous inequities and injustice, and please, show me where it says protesters are supposed to be polite and peaceful…”

One hopes someone showed him the text of the First Amendment which protects the “right of the people peaceably to assemble and to petition the government for a redress of grievances.”

The beauty of the First Amendment is in its protection of all religion, speech, press, peaceful assemblies equally, without any regard to the popularity of the ideas. If our republic is to survive we must hold ourselves and those we entrust with power to the same principled standard.


This article was originally published at FirstLiberty.org.




No Politician Has the Right to Dictate, Contradict or Contravene Religious Beliefs

Written by Dr. Everett Piper

The stories have become so commonplace that they’ve almost lost their shock value.

New York City Mayor Bill de Blasio singles out churches and synagogues, threatening to seize their property and shut them down “permanently” if they dare defy his orders.

Chicago Mayor Lori Lightfoot, (working through her city’s director of public health), declares a Romanian church a “public nuisance.” “We will shut you down, we will cite you, and if we need to, we will arrest you, and we will take you to jail,” she tells this small group of former Soviet bloc Christians who refuse to bow to her power.

Kansas City Mayor Quinton Lucas issues a stay-at-home “order” that includes a “request” that all churches which choose to exercise their First Amendment rights must provide a “record of attendees” to the city and to the state.

Andy Beshear, Kentucky’s governor, warns that any state residents attending any church services will be “forced” to self-quarantine for 14 days.

Louisville Mayor Greg Fischer declares that even “drive-through” church services are prohibited. He then instructs his police to record the license plate numbers of anyone caught sitting in their car in their local church parking lot.

North Carolina Gov. Roy Cooper declares an executive order prohibiting churches from holding any indoor worship services.

Vanita, Oklahoma, Mayor Chuck Hoskin issues a municipal order saying that anyone engaging in any church activity inside or outside, will be subject to a $500 fine and 30 days in jail.

Police in Lakewood, New Jersey, arrest 15 congregants of a local synagogue for attending an Orthodox Jewish funeral.

New Jersey Gov. Phil Murphy responds by saying that any knowledge of the religious freedom guaranteed to these Jews by the Bill of Rights is “above his pay grade.”

Mayor after mayor and governor after governor across America have declared churches to be “non-essential” and ordered them closed under penalty of law. And yet, those who’ve haranged us for decades about the “separation of church and state” now sit in sleepy silence.

Why?

George Santayana once said, “Those who do not remember the past are condemned to repeat it.” With this as context, perhaps a bit of a history lesson is in order.

In 1791, James Madison wrote the First Amendment:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Madison, thus, argued that it is an “essential” right of every church and not that of a “king.”

Madison’s premise was very easy to understand. No government official should ever presume to define the matters of the church. No politician or unelected bureaucrat ever has the power to “establish”, dictate, contradict or contravene religious belief or practice. This is not the government’s business. It is the church’s and the church’s alone. It is not the prerogative of our Congress or the courts to tell the church what to do or not to do.

Eleven years later, Thomas Jefferson found it necessary to reassure a small group of nervous Baptists in Danbury, Connecticut, that they did not have to fear any government intrusion into the affairs of their denomination’s polity or practice.

“I contemplate with sovereign reverence that … [the] 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.”

It is from Jefferson’s assurance of non-intrusion that we get our present language of separation of church and state.

Read in context, the words of Jefferson and Madison are crystal clear. In America, unlike any other nation, the church is protected from the government. There is a “wall” that provides that protection, and it serves as a fortress, not a prison. It is built to guard the church, not to confine it. This wall is no more intended to restrain religion than the walls around your personal home are intended to restrain you. As a house has a door whereby you come and go, likewise, our Constitution has a door whereby the church is always free to enter society as it chooses, but also to lock that door and keep the government out when it sees fit.

The key here is that the church holds the key, not your power-hungry governor, or your strutting little local mayor. The door is locked from the inside, not the outside. The wall is built for your benefit, not theirs.

John F. Kennedy once said that “in times of turbulence … it is more true than ever that knowledge is power.”

The COVID-19 turbulence has exposed the radical ignorance of the left. They know nothing of our history and care little for your freedom.

Remember this in November.

You have knowledge. You have power. You hold the key. It’s time to use it.


Dr. Everett Piper, former president of Oklahoma Wesleyan University, is a columnist for The Washington Times and author of “Not A Day Care: The Devastating Consequences of Abandoning Truth” (Regnery 2017).

This article was originally published at The Washington Times.