Tag: Jason Hines

  • Opinion on the Hobby Lobby Decision: More Equal Than Others

    Opinion on the Hobby Lobby Decision: More Equal Than Others

    Corporate Alter Ego

    By Jason Hines –

    [dc]T[/dc]oday the Supreme Court ruled in a 5-4 decision that Hobby Lobby and other closely held corporations can refuse to cover certain forms of contraception in the insurance plans they provide to employees because of their “religious beliefs.” Now I put religious beliefs in quotes because despite the Court’s decision, I refuse to admit that corporations, created in order to separate themselves from the people who create them, can have religious beliefs. However, while I disagree with the Court’s decision, I can at least admit that it was (with one caveat) fairly decided. Courts generally, and the Supreme Court in particular, are called in to decide hard questions in difficult circumstances. The Court’s decision is logical based on what the law asked them to do. But just because it’s logical doesn’t mean it makes sense. Here are some other thoughts passing through my mind tonight after this decision.

     

    • A word about that rationale – In its decision, the Court ruled in reference to the Religious Freedom Restoration Act (RFRA). This law, which had broad bipartisan support when it was passed in the wake of another Supreme Court decision, Oregon v. Smith (Smith) has three tests. First, the there must be a substantial burden to the person’s (or in this case corporation’s) exercise of religion.  The Court found a substantial burden. Second, the government action (the mandate) must be justified by a compelling state interest. The Court decided that providing contraception was a compelling state interest. The final test is that the government must use the least restrictive means to satisfy its compelling interest. There the Court found that the mandate was not the least restrictive means. Also, they tailored the decision very narrowly, saying that it only applied to closely held corporations and only in regards to the contraception mandate. They specifically mentioned that this rationale would not necessarily apply to Jehovah’s Witnesses who don’t want to provide blood transfusions or someone who says their religious beliefs mandate that they not provide vaccinations. They had good reason to come to that decision in this test. Religious non-profits do not provide contraception coverage and their insurers have to provide it at no extra cost to the employee or the company. Justice Kennedy in his concurrence raised the idea that if that was a problem then the least restrictive means could be that the government could provide the contraception at no cost to the employee. It seems to make a lot of sense actually. Except –
    •  How can there be a substantial burden when you’re not actually providing the contraception? As stated in my previous post on this, Hobby Lobby is not providing contraception, and they don’t even own the insurance plan. The insurance plan is a part of the compensation that is given to the employee in return for the employee’s work. What the employee does with it afterwards is on them. Can Hobby Lobby now pay you less because you’ll spend their money on something that is against their religious beliefs? Also, what Hobby Lobby has provided is an option, not actual contraception. I find it hard to believe you have a substantial burden to your religious beliefs to provide your employees compensation for their work that includes options. Is it against Hobby Lobby’s religious beliefs to provide that option? I don’t recall anyone making that argument on their behalf.
    • Isn’t government provision always the least restrictive means? I guess the Court couldn’t reach it because the facts haven’t come before them (yet), but the question still remains what happens when the insurer decides they don’t want to provide those forms of contraception either. Justice Kennedy would say that the government can provide it in those instances. But that opens the door for every religious objection to come in because anyone can argue that the government providing the medical service is always the least restrictive means of providing the service. The Court is not clear at all on why a Jehovah’s Witness can’t argue that the government should provide blood transfusions instead of their business because government provision is the least restrictive means of providing anything in these circumstances. That’s why I find it hard to believe that this is not going to lead to a slippery slope of religious objections. If I were cynical the fact that the Court tried to close the door of Pandora’s Box as it was opening it would make me wonder if this was really fairly decided or if we have the type of politicized, one-off decision we got in Bush v. Gore. On the positive side, I wonder if the hidden blessing of this decision is that so many cases will end up before the Court that we’ll end up with single payer government healthcare like we should have anyway.
    • I’m beginning to think Scalia is doing this to me on purpose – Twenty-four years ago Justice Scalia wrote the opinion for the Smith case. Liberals and conservatives hated it. I hated it. (Yes, I had an opinion on Smith at the age of 10.) In the case, Scalia said that neutral laws of general applicability trumped free exercise. Scalia argued for the idea that anarchy would erupt if we just allowed people to ignore laws that were not enacted in order to specifically hamper religious beliefs. When the question was raised as to how religious minorities could protect themselves, Scalia had a simple answer – the legislature. Now I hated Smith because it was silly to suggest that Native Americans could ever have the political weight to change the law that outlawed peyote. Over the years though, I have come to respect Scalia’s fear of anarchy, especially as I have seen religious conservatives try to expand the notion of free exercise into uncharted waters. However, I need to know what changed in the last 24 years for Justice Scalia. Because today he just signed on to an opinion that has the potential to create the very anarchy he warned us against, and not once did I hear anyone suggest that Hobby Lobby should lobby to get the law changed. Man I dislike Scalia as a justice.
    • Finally, Hobby Lobby isn’t the only religious actor here –  The most damning point to me, which I’ve seen only one other place mention in print, is that while some might argue that religious liberty was protected by the Court’s decision today, I would say Hobby Lobby’s religious liberty was protected only at the expense of the religious liberty of its employees. Just as Hobby Lobby’s owners have a religious belief in not using certain forms of contraception, Hobby Lobby’s employees also (potentially) have religious beliefs that allow them to use those same forms of contraception. The Court never effectively addresses why the religious freedom of the corporation is more important the religious freedom of the employees. The Court decided today that when those competing rights are in conflict, we will unburden the attenuated rights of a legal fiction before we protect the rights of all these actual people out here. I guess Orwell knew something when he said, “All animals are equal, but some animals are more equal than others.”

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  • Jason Hines: I Admire Ben Carson, But . . . That Speech!

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    bencarson[dc]I[/dc]n April of 1990, Reader’s Digest published an article “Dr. Ben Carson: Man of Miracles.” As a 9 year old child, I remember reading that article and admiring Dr. Carson. I admired his struggle, his ability to overcome the challenges of his childhood. I marveled after his obvious intelligence and his miraculous accomplishments. When I found out he was Seventh-day Adventist like me that cemented my fandom. His story spoke to me as a shy smart kid, making my way through my first year at a public school. Dr. Carson showed me that with a little hard work and ingenuity, you could accomplish anything. I thought about Dr. Carson whenever I thought my dreams were unattainable. I believed in Dr. Carson. I read about him voraciously into my teenage years. Later that year (1990), I read his autobiography Gifted Hands. In 1996 I read his second book Think Big. At that age I considered him one of my role models. I don’t just consider him a great surgeon, but I consider him to be the greatest surgeon who has ever lived. I thought that in 1990, and I believe it now.

    My admiration for Dr. Carson almost makes me reluctant to say what must be said. Dr. Carson’s speech at the National Prayer Breakfast last Thursday was amongst the worst speeches I’ve ever seen given in such a public forum. I wish I could walk back from that assessment but I can’t. While I do not agree with Dr. Carson’s politics, my assessment is not necessarily based on the fact that I don’t agree with many (if any) of his policy prescriptions. Instead it’s based on what I believe makes a good speech. I am incredibly disappointed in Dr. Carson. Partially because he has shown a serious conservative bent in the past few years that seems to deny his own history, but also because many things he said did not stand the test of logic. On some facts he was just ignorant. Other times he engaged in some poor biblical analysis. There are several examples in his speech, of which I have only picked a few. (You can find a transcript and video of his speech here. Please go listen to it. I could not fit all the issues I had with this speech in one post.)
    •  At a National Prayer Breakfast, it’d be nice if you talked about prayer -That’s right. In the entirety of his 26 minute speech, Dr. Carson barely mentioned prayer.  He quoted a verse at the beginning (2 Chron 7:14) and saying that his mother prayed for wisdom to help him and his brother become more scholastic. For some, the most glaring problem with this speech is that it was not appropriate for the occasion. Clearly I agree with that assessment. The National Prayer Breakfast has traditionally been a place where partisan rancor has been laid aside, and Dr. Carson ruined for many what should have been a break from that. Now I’ll admit that’s not the main reason I’m upset. If the speech had been better, I don’t know that I would be as concerned about it being out of place. I do know what’s out of place though. You probably shouldn’t shill your book during your speech. I know that much.
    •  The PC police? – At the beginning of the speech, Dr. Carson went on a rant about the evils of political correctness, at one time saying we need to get over the sensitivity of being offended but also saying that we needed to be respectful of people with whom we disagree. He used as his example the tried and true war on Christmas, stating that people shouldn’t be offended when you say Merry Christmas because it is a greeting of good will. I wonder what Dr. Carson will do when someone says, “The way you can show me respect is not say Merry Christmas to me because I don’t believe in God.” Sometimes you can’t have it both ways. Of course the other thing that bothers me is that Christianity should not always be about saying whatever you want to say no matter how anyone feels about it. We should be compassionate and patient and loving. (Col 3:12) Moreover, political correctness doesn’t keep people from saying what they feel, as Dr. Carson asserted. What it does is help people be more respectful while expressing what they feel. In other words, it keeps peoplefrom looking like jerks.
    • A Church-State Problem and some bad exegesis – The most glaring problem to me was his use of tithing to support the idea of a flat tax. The first problem is that comparing tithing to taxing is just bad exegesis. Tithing is not something that we do simply because we’re trying to fund the church. Tithing is a sign of faith between the believer and God. It signifies that the Christian believes that God provides and therefore I can return some of what He has given to me. Of course the other problem with this is that Dr. Carson does not tell the whole story of economics in biblical Israel. As my friend Preston pointed out, economics in Israel also includes Jubilee Year, where all debts are forgiven. Something tells me Dr. Carson’s conservative friends would not be fans of that. Then there is the church-state problem. We should not be passing laws that are particularly religious. So Dr. Carson’s argument that we should have a flat tax because that’s the system God uses is patently foolish. What about the people who don’t believe in God? Should they be forced to follow the religious determination of what is a fair tax system? I think not.
    • If you can’t finish, don’t start – Dr. Carson went on to try and explain the best thing to do in terms of healthcare. He tried to describe a very complex system of healthcare accounts and then said that it was too complex to fully explain in this setting. He was absolutely right about that. He broke what is the cardinal rule of public speaking – if you can’t explain what you mean succinctly, then skip the point. All he did was leave us with a rambling and confusing section of his speech that came from nowhere and went nowhere.
    •  Get your facts straight – These are some minor points, but I think they show how far Dr. Carson was out of his depth. First, the United States did not win the War of 1812. At best it was a draw, and the U.S. sustained more deaths and injuries, did not accomplish their stated objective (a takeover of Canada), and lost slaves as well. Furthermore, the men who held the flag aloft at Fort McHenry and inspired Key to write our national anthem would not have thought of it as protecting “one nation, under God,” considering that no one ever said that until 1948 and it wasn’t official until 1954. Finally, I wish Dr. Carson wasn’t so ignorant about what they teach in law school. I went to law school and know a lot of people that have been there. No one at law school taught me “to win, by hook or by crook,” as Dr. Carson claimed. I don’t know anyone who was taught that in law school. What were we taught? We were taught to think critically, to be more observant. They taught us how to mediate, negotiate, and solve problems. Those are the things Dr. Carson said were needed. Maybe we should have more lawyers in the room sir.
    • Spare me the false platitudes – Towards the end of the speech, Dr. Carson just started throwing out half-baked statements to make points that I guess he didn’t have time to fully develop. He said that the reason our national symbol, the bald eagle, flies so high is because it has a left wing and right wing (insert laugh here). Laying aside the fact that chickens also have left and right wings and barely get off the ground, this play for bipartisanship rings hollow in light of the speech that came before it. Dr. Carson mentioned no left wing principles or plans that he thought were good. This is further proven by the fact that in conservative circles his speech has been reported as a criticism of the President and his policies. In the aftermath of the speech, Dr. Carson has been making the conservative media rounds in support of this point. When you make such a partisan speech, you seem even more disingenuous when you attempt to throw the left wing a bone at the end.
    With the exception of his analysis of tithing and taxing, my criticism has nothing to do with Dr. Carson’s political beliefs. I don’t think that his opinions are what make this a bad speech. I will admit that my admiration of Dr. Carson is part of the reason why I hold him to a higher standard. I expect that he would have a better sense of time and place. I expect that he would have the ability to stay on topic for the event. I expect him to be efficient in his language and be able to explain his thoughts clearly. I expect him to say things that stand the test of basic logic. I don’t think that’s too much to expect from the greatest surgeon ever. And what bothers me most is that a lot of people thought the speech was great.

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    JasonHines

    A Harvard Law graduate, Jason Hines practiced commercial litigation in Philadelphia for five years. In 2008, Jason decided to devote his life to work in religious liberty. To that end, he enrolled at the Seminary at Andrews University, where he earned a Master’s Degree in Religion. He is presently a PhD candidate in the Religion, Politics, and Society at the J.M. Dawson Institute for Church-State Studies at Baylor University. Jason blogs about religious liberty and other religious issues at thehinesight.blogspot.com and is also an associate editor of ReligiousLiberty.TV, an independent religious liberty website.[/box]

     

     

     

     

     

     

  • A Document in Common: Leaders Reflect on the 225th Anniversary of the US Constitution

    A Document in Common: Leaders Reflect on the 225th Anniversary of the US Constitution

     

    On September 17, 1787, the Constitution of the United States was signed by thirty-nine men who changed the course of history. This year as we celebrate the  225th anniversary of the signing of the Constitution, we reflect on the impact this document has made on societies around the world. I would like to thank these thought leaders, representing a wide variety of perspectives ranging from liberal to conservative, atheist to evangelist, and artist  to ambassador, for providing their thoughts on this occasion as we celebrate this document which brings us all together.

    Michael Peabody, Esq.
    Editor
    ReligiousLiberty.TV


     

    [dc]A[/dc]part from those writings considered sacred, the US Constitution (with its amendments) is the most important document ever written. It is especially so for those who are citizens of the United States of America. It outlines many of our fundamental rights, and in doing so, reveals the wisdom of those who wrote it.

    That wisdom is a reflection of some of the simple truths found in Scripture. For example, the Bible teaches the principle that the authority of government is limited (Acts 5:29). The Constitution, which I consider to be a secular document, respects that idea by providing Americans with a government that does not have absolute authority over its citizens. What a blessing! If it had been written to provide us a government with absolute authority, we would then have a government that was absolutely corrupt, because “absolute power corrupts absolutely” (Lord Acton). We would, then, have no rights. We would be no better off than serfs or slaves. The people would be treated as objects–things to be manipulated according to the whims of those in power.

    Our Constitution is designed to protect us from such an end. So let us always support, protect and laud or country’s Constitution, considering it an extremely important and valuable gift of Providence.

    Dr. Kenneth Richards
    Former Associate Speaker and Producer
    The Voice of Prophecy

     


    [dc]I[/dc] had the honor and high privilege of serving as the United States Ambassador to the Republic of Malta from 1997-2001. When I was sworn into office, by Vice President Al Gore, I took the same oath as the President of the United States by solemnly promising to preserve, protect and defend the Constitution of the United States of America.

    The Constitution of the United States guarantees the liberty of all American citizens, including religious freedom, freedom of speech, and the protection of other basic human rights. As a living document it is an inspired masterpiece; the careful and thoughtful product of many minds.

    As citizens of the United States of America we must never take our precious freedom for granted. As we commemorate the 225th anniversary of the United States Constitution let us remember the thousands who have shed their blood to defend the important principles set forth in our Constitution. Let us also remember to thank God for the privilege of our citizenship in the United States of America, the greatest of all nations on earth.

    Kathryn Linda Haycock Proffitt
    United States Ambassador to Malta, 1997 to 2001


    [dc]T[/dc]he glory of the U.S. Constitution is that it reflects God’s essential values: freedom of choice in religious matters, and the rule of law rather than the rule of the sovereign.  We speak of God’s love without examining the reasons why He suffered and died for humans.  He suffered first because He gave us the religious freedom to reject Him.  He suffered and died on the cross to return to us the religious freedom to accept Him.  In all of this, God did not abridge His law of the universe to save Himself from suffering and death.  It is no accident that the government that made these twin principles the centerpiece of its constitution is, 225 years later, undisputedly the most powerful nation in the history of the world.

    Bruce Cameron
    Reed Larson Professor of Law
    Regent University School of Law
    Virginia Beach, VA


    [dc]T[/dc]wo hundred twenty five years ago, the framers of our Constitution produced a document that changed the world. It set out a governmental structure that protected citizens by diffusing power, and by guaranteeing that the structure could not be altered except through a demanding process designed to ensure that the people truly understood and desired any given change.

    The first alteration occurred only a few years later in a Bill of Rights that strengthened the citizens’ protections. The initial ten words of that first alteration were “Congress shall make no law respecting an establishment of religion.” Although the Constitution is one of enumerated powers (and, therefore, the federal government has no authority to involve itself in religious matters to begin with), this “Establishment Clause” was to serve as a further barrier against the tendency of religious majorities to use the government to infringe upon the rights of religious minorities.

    The prescience of those men is still seen today, as discrimination on the basis of religious belief is seen as a constant source of strife around the globe. The men who created our national charter gave the world the cure for that condition: Equal governmental respect for all lawful religious views. Unfortunately, many nations have yet to learn that lesson. Perhaps we in the United States of America – with our nation’s Pledge of Allegiance claiming we are “under God” and our national motto asserting “In God We Trust” – will someday not be among them.

    Michael Newdow, JD, MD
    Attorney and Emergency Room Physician
    Sacramento, CA
    Website: http://restorethepledge.com/

     


    [dc]W[/dc]hat has always amazed me about the U.S Constitution is that such a relatively small document has had such a huge effect on the history of the world. I think because of American cultural hegemony we lose sight of just how radical the system the Founders created was when they established it. The creation of a democratic republic, along with established rights for its citizens was truly the “experiment” that it has been described to be. But what impresses me even more is that for all its specificity, the U.S. Constitution is also broad enough to allow us to truly create “a more perfect union” throughout our nation’s history. Over 225 years we have extended rights to oppressed minorities, women, children, young people, the disabled, and now to homosexuals. I do not know if the Founders would have expected (or would even recognize) the society they helped to create, but I do think that we have held true to their spirit. Our Constitution was an acknowledgement that what came before needed work, and that to be a united nation of freedom we would have to change. For 225 years, America has been using the Founders’ document, cognizant of the same reality, to accomplish the same task. To “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…”

    Jason A. Hines, JD, PhD Candidate
    Doctoral Student in Church-State Studies
    J.M. Dawson Institute, Baylor University
    Waco, Texas
    Blog: www.thehinesight.blogspot.com

     


    [dc]I[/dc]t’s a good day to celebrate the US Constitution! In fact any day is, because we live in the most free, prosperous and desirable nation in the world. And there’s a reason for that. It’s not random. It’s not luck. It’s not because we have the smartest and most benevolent leaders in the world. It’s not because we have great natural resources. It’s not because the people living here are better than anyone else. It IS because we are a nation of laws – not a nation of men and women. A nation governed by laws. These laws are the best that mankind has come up with to preserve the life and liberty of a nation’s citizens. And no man, no woman, no leader, no judge, no senator – not even a president – is above those laws.

    There are some who view the Constitution’s system of checks and balances as a bothersome impediment to “real” and “needed” progress. Many current elected officials think this – they have said as much. They lament that they are not free to do what needs to be done. Some prominent personalities have even called for the president to take on dictatorial powers. But the writers of the US Constitution undoubtedly believed that no person should ever be completely trusted with power. Through experience and collective wisdom they chose to put the nation’s future freedom and prosperity in the hands of laws that were hard to change – not in the hands of men and women who change with the wind. The US Constitution was written to protect the many from the whims of the few. So this Constitution Day, celebrate the thing – the laws – that truly do afford you the freedoms you enjoy!

    Marc Judd, MD
    Physician and Musician
    Blog: www.marcjudd.com/


    [dc]O[/dc]n this anniversary of the U.S. Constitution, as someone who has lived in nine countries (each for more than a year) and traveled widely in another hundred,  I have to say that I’m thankful to be a citizen of a country with these “by-laws.”   Included among its core purposes which are so important to me are:  to establish justice, to ensure the peace, to promote the general welfare, and to secure liberty.  Especially important is the Bill of Rights, ten amendments which came along a bit later to clarify our freedoms.  That the framers did a good job is evidenced by the fact that this document still guides us after all this time.  People from around the world have been drawn to our country because of the way our government is organized and our freedoms are guaranteed.  May it be ever so.

    Lawrence Geraty, PhD
    President Emeritus,
    Professor of Archaeology and Old Testament Studies,
    La Sierra University
    Riverside, CA

     


    [dc]T[/dc]he US Constitution marked a profound change in the course of history despite the fact women, blacks and white men without sufficient wealth were denied voting rights. The Constitution is a document of compromise between northern and southern states that were strong and weak, slave holding and free. “Compromise” is often a four letter word today but the Constitution is a reminder that free countries remain free and work best when all parties work together and compromise for the common good.

    While many argue that the Constitution is a static document, it has endured because it was written to adapt and change with the times. As Thomas Jefferson notes (and as recorded in his Memorial in Washington, DC):

    “I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”

    Perhaps the lack of compromise and willingness to adapt to changing circumstances, manners and opinions is why the US Constitution is no longer the preferred model when new nations prepare their constitutions. Hopefully, the US will learn from those wise men who gave us our Constitution and compromise and working for the common good will again make our Constitution the blueprint for other nations.

    Karen Scott, BS, JD and MSt (Oxford)
    Attorney
    Trustee, Center for Liberty of Conscience
    Producer: Roger Williams: Freedom’s Forgotten Hero


    [dc]I[/dc]n reflecting on the U.S. Constitution and what I most appreciate about it, it is hard not to be impacted by the tragic violence stirred up against American embassies in the Middle East in response to the video of the amateurish parody of the story of Muhammed.  It is so foreign to us that mere words and differences of opinion, religious or otherwise, would serve as a meaningful basis for violence against people or property.  But in the middle-east, both recent religious insults as well as the recent political conflicts of the Arab revolts, have resulted in widespread violence.  These experiences are foreign to us, however, precisely because of our Constitution.  To me, the genius of our Constitution is at least two-fold.  First, it orders both our government and society in a way that allows, indeed requires, peaceful resolutions to difference and conflict.  You want a revolution?  You don’t need an Arab Spring.  Rather, you merely need to get more of your supporters out to the polls in November than the existing regime, and you have instant–but peaceful and bloodless–regime change.  Both the national state, and all fifty states, are guaranteed to have republican governments.  This ensures that political conflict will be resolved peacefully through the voted will of the people.

    But secondly, our Constitution also guarantees that minorities will be protected and respected in their rights to differ with the will of the majority in areas of fundamental human freedoms, such as the right to religion, expression, and association.  This further keeps the peace by creating a culture where offensive or disagreeable speech is viewed as, in a sense, a sacred part of our culture.  Not that the offensive speech is sacred, but that the speaker’s right to express his or her own view flows from the individual’s connection with a transcendent realm that supersedes the will of the state or the majority.  Indeed, far from being an embrace of secularism, as perceived by many Arabs, the American system of expressive rights is actually an instantiation of the principle that human beings partake in some way of the transcendent.  Our constitution does not define this transcendent, but its theory of minority rights that can trump the will of the majority essentially requires it.  You don’t have to go far to find a definitional foundation; the Declaration of Independence talks about the “Creator” who has “endowed us with certain inalienable rights.”  Though one could as easily speak in terms of the image of God, a connection to a higher moral order, or, as is probably most widely acceptable these days, just conscience.

    The irony of the current outrage in the Middle East is that Muslims themselves believe in a created moral order with humans partaking of the image of God.  In defending historic ideas about God, though, they are willing to attack and desecrate those that bear His image.  They also oppose a system that has done its best to enshrine the idea of that image into a constitutional system.  We in the secular west are shy about talking about the religious and metaphysical roots of our constitutional arrangement.  Perhaps this is avoided to  keep at bay marginal domestic political forces with theocratic tendencies.  But I believe that a greater candor about the metaphysical underpinnings of our constitutional arrangement may make it a more accessible, appealing, and attractive model to those Arab countries still obviously searching for a pathway between secular and sacred extremes.  This is also, perhaps, a pathway of which we as Americans need to be reminded.

    Nicholas Miller, PhD, JD
    Director, International Religious Liberty Institute
    Andrews University
    Berrien Springs, MI
    Author: The Religious Roots of the First Amendment: Dissenting Protestants and the Separation of Church and State (2012)


    I have two reflections on the U.S. Constitution:

    [dc]F[/dc]irst, it is not easily amended. See, the problem with many so-called constitutions–corporate, club, church–is that they get bent and broken by quotidian vagaries: “So this action’s unconstitutional? Never mind. Constitutions exist to be changed.” But the Constitution of the United States is much more than a statement of operational policy; it’s our foundational document of principle writ large. It is not lightly changed to conform to our whims; to it we conform. On it we can stand with confident assurance. It’s a rock.

    Second, the Founding  Fathers knew that the original text, ready enough to adopt, remained incomplete. It needed a precise statement on the inherent rights of the American people. And so they added the Bill of Rights–13 amendments that do not merely grant rights, but guarantee them. Celebrate the difference.

    Richard Lee Fenn
    Former Deputy Secretary General,
    International Religious Liberty Association
    Former Director, Department of Public Affairs and Religious Liberty,
    North Pacific Union Conference


    [dc]I[/dc]n brief: the US Constitution got us where we are today. Contrary to the conventional view, promoted by the Constitution’s promoters, it represented an entirely unnecessary centralization of power and, as writers like Charles Beard and Albert Jay Nock have pointed out, a boon to economic elites happy to take advantage of opportunities to influence the exercise of the central government’s newfound powers. Without the Constitution, it seems unlikely that Americans would be involved in seven overseas wars, that Wall Street and the auto companies would have received huge bailouts at taxpayer expense, or that the federal government would be in a position to mount a program of surveillance affecting anyone and everyone. The Articles of Confederation certainly weren’t perfect, but, as Luther Martin and others noted, they were much better than the Constitution’s proponents gave them credit for being. It’s probably too late to bring them back wholecloth, but that doesn’t mean one can’t hope.

    Gary Chartier, PhD, JD
    Professor of Law and Business Ethics
    Associate Dean of the Tom and Vi Zapara School of Business
    La Sierra University in Riverside, California
    Author:  Anarchy and Legal Order: Law and Politics for a Stateless Society (2012)


    [dc]I[/dc] treasure the freedoms that our Constitution  protects. This was never more real to me than on the return to the United States from a 3 week preaching trip to South America. One night half of our group was awakened by gunmen in camouflage who forced the hotel owner to open their rooms at gun point. What a wake up call, at the wrong end of automatic weapons. We found out that the men were police sent by a powerful religious leader that wanted us to leave the area.

    I continue to preach things that are not acceptable to some and I am grateful for my constitutional freedom and protection to do so in this great country.

    Tim Roosenberg
    Author and Bible Seminar Presenter
    Website: www.IslamandChristianity.org


    [dc]T[/dc]he brilliance of our Constitution is its pursuit of a balance of power in governmental branches and the no test of religion for election. It is a veritable document of compromise (a rare word in Washington these days). But I really don’t think the Constitution could have survived as it has without the Bill of Rights which guaranteed rights of individuals and the express protections given with a healthy divide between religious and civil jurisdictions.

    Kevin James
    Associate Director
    Public Affairs and Religious Liberty
    Southern Union Conference of Seventh-day Adventists
    Decatur, GA


    [dc]T[/dc]he genius of the United States Constitution is not just in its distribution of powers among a legislative, executive and judicial branch, and the checks and balances that each branch has on the other two.  The true genius lies in the founding charter’s limitations on government and its implicit trust in a free people.  Under our constitution, the federal government is a government of limited, delegated powers, and everything that isn’t specifically delegated, or necessary to exercise the delegated powers, is reserved to the states and to the people.  The rights guaranteed in our Bill of Rights are rights to be free from government interference and control, not rights to things like food, housing, education and healthcare.  The founders well understood that a free people can provide these things for themselves, as long as their government does not confiscate their substance under the pretext of itself providing them.

    David Read
    Attorney and Theologian
    Keene, Texas
    Author: Dinosaurs – An Adventist View (2009)


    [dc]”I[/dc]’m as conservative as the Constitution.” I recently read that statement by a current candidate for President of the United States and I’ve been pondering it since. From my sense of history, I’m not sure that the British government would have considered this document by recent revolutionaries as conserving of much. But then historical perspective was probably not that politician’s point.A few years ago I enjoyed reading David O. Stewart’s The Summer of 1787: The Men Who Invented the Constitution. Stewart details the personal, regional, and political differences of its framers. The Constitution was not a pure conservation of ideals, but a record of compromise in order to bind a nation together. It, like its new American creators, existed as a reservoir of conflicting interests and ideologies. Two hundred and twenty-five years later the Constitution has outlasted a lot of politicians. That’s in part because it has always stood-not for adherence to the past-but as a model of compromise for the future.

    Alexander Carpenter
    Instructor of Visual Arts,
    Pacific Union College
    Angwin, CA
    Online Editor: SpectrumMagazine.org

     


    WE THE PEOPLE PING PONG

    [dc]T[/dc]he freedoms and protections that our highest law has given United States citizens for 225 years is under attack.  How can this be?  The U.S. Constitution protects every citizen, but from every direction powerful entities, who use patriotic words, are seeking to manipulate, undermine and politicize it.

    From the left proponents of same sex marriage want an amendment to codify as constitutional their right to marry;

    From the right proponents of government led prayer in public schools or the banning of flag burning seek their own constitutional amendments;

    From the executive branch come executive orders which side step due process;

    From the legislative branch, politics drive walls up delaying and out right stopping the appointment of judges;

    From the judicial branch the U.S. Supreme Court makes a mockery of precedent by setting up corporations as individuals and allowing unlimited special interest money into the election process.

    When the minority rights in our society are trampled and marginalized by treating the US Constitution as no more than a political ping pong ball, then my freedom is at risk.  And so is yours.

    Eric R. Youngberg
    BA International Policy Studies
    Monterey Institute of International Studies, 1988
    Blog: CreationsPolitical.com

     


    [dc]S[/dc]omeone recently told me, “A Democracy is the worst kind of government we could have but it is the best form of government in the world.”  Interestingly enough, this experiment on rule by the people will be celebrating its 225th anniversary.  If we were running for president and wanted to symbolically unseat the incumbent through the spectrum of history, we might ask, are you better off today than you were 225 years ago?  If we consider that changing the Constitution through an amendment requires a 2/3 vote and a 3/4 vote of elected officials at different times in the process, in spite of 27 successful attempts, it would seem almost impossible to tweak the most famous “living document.”  So we have to carry on in an imperfect system that originally wanted to give the illusion of freedom, i.e. “oops, we forgot a Bill of Rights,” and trust that our leaders will at least attempt to follow and protect the law of the land, our Constitution.  It was fragile from the very beginning.

    A month ago I had a chance to visit Montpellier, the home of the father of the Constitution, James Madison, and learned that he painstakingly took “copious notes” on everything that needed to be included.  On the same trip, I visited the National Archives, bragged about my Researcher Card and went to the front of the line, to see it with my very own eyes, to prove that it existed.  And there it was, a very delicate, fading document with obvious signs of aging and hints of completely disappearing on its own and thus prohibiting future generations from taking a good look.  You could say I went to pay my last respects.  Although the document’s final clock may be rapidly ticking, and its ideas also metaphorically fading, let us hope that its legacy continues for at least another 225 years.  Even though no government is perfect, our document’s main purpose was to create “a more perfect union” and if we are not better off than 225 years ago, let us hope that the experiment continues long enough to see if the future fades away or lives a longer life.

    Fabian Carballo
    US History and Government (Principles of Democracy).
    Bloomington High School
    Colton, CA

     


    [dc]A[/dc]s a Bible-believing Christian, I celebrate the Constitution for laying the foundation of a government that is secular in nature and not religious – one of the first of its kind in history.

    One of my favorite books on the history of religion and the Constitution, The Godless Constitution, details how controversial the new Constitution was to many religious people of the time.  For example, it was argued by many that leaving God out of the Constitution would cause God to forget this nation and that we would soon perish.  Consequently, proposals were made to include a mandate in the Constitution that government sponsored schools be established throughout the United States where young people would learn “the principles of the Christian religion.”  Also, William Williams, the Connecticut delegate, formally proposed that the Constitution’s one-sentence preamble be enlarged to include a statement mentioning God and acknowledging the Nation’s dependence upon Him.  Others wanted only Christians to be able to hold office in the new government.

    All of these proposals were rejected.  Instead, God is not mentioned even once in our Constitution.  This omission was not a mere oversight; it was intentional.  In another radical twist, the Constitution specifically stated that no religious test would be required to hold office in the new United States’ federal government.  That was revolutionary at the time.  The Bill of Rights, later adopted, additionally guaranteed that no religion would be established by the government and that an individual’s free exercise of their religion would not be prohibited.

    Why do I, a Bible-believing Christian celebrate the “godless” Constitution?  For three reasons:

    1)     Since the time of the theocracy of ancient Israel, God has not reigned directly through earthly governments.  As a result, when Jesus sojourned on earth He announced the advent of His heavenly kingdom and spent the rest of His ministry contrasting that heavenly kingdom with the political kingdoms of this world.  In fact, He showed that Caesar’s government and His kingdom were distinct (Matt. 22:21); that His kingdom was not of the earthly, political kind (John 18:36); and that the methods of advancing His heavenly kingdom on earth were distinct from the way of the sword used by earthly, political governments (Matt. 26:52; Rom. 13:4).

    Therefore, as a follower of Jesus I am highly skeptical whenever I hear a government claim that it is building God’s kingdom on earth or that they know His will and are qualified to impose that will through the power of the sword.

    2)     I also know that God does work through earthly governments, even though they are not His kingdom, and even though He no longer necessarily favors one nation on earth over another.  God has an interest in using and appointing kings and government leaders (Dan. 4:32; Rom. 13:1).  God also has an interest in kings and governments being moral, just and equitable (Rom. 13:4-5; Dan. 4:27).  One of the foundational aspects of God’s just and moral character is freedom (2 Cor. 3:17).  Freedom of conscience is essential to God’s understanding of justice and freedom, since God has granted it to all of His creatures.  As such, freedom of conscience must be a part of any moral and just earthly government.

    The fact that the Constitution does not “take sides” in matters of conscience but is completely silent about God or religion is a reason for Christians to celebrate this document.  The Constitution recognizes the sacred freedom of individual conscience – a value that is part of the very essence of God’s character.

    3)     Finally, God does not need earthly governments to explicitly promote Him.  In fact, when they do, His kingdom is often harmed and the perception of His character is marred in the eyes of non-believers.

    The fact that our Constitution does not endorse any deity or particular religion, while still protecting my right to religious belief and expression, leaves me as a Christian the freedom to represent God’s character to the world as His Spirit impresses me.  Jesus did not give the job of making disciples or being “salt” or letting their “light shine” to governments, but instead He gave that job to the church.  The church is His body on earth.  It is the embodiment of His kingdom to come.  Jesus made it clear that this kingdom is distinct and separate from the kingdoms of this earth and that His church would not be employing the power of the sword to win people over to His heavenly kingdom.

    When Christians participate in forcing people to accept God’s salvation or to participate in building up His kingdom against their will, they misrepresent God to the world.  Even God does not force but allows free choice.  This being the case, Christ’s followers ought to celebrate a Constitution that recognizes freedom of conscience for Christians as well as for others who do not believe.  This allows Christians to be free to promote God so that He is rightly represented to the world and not misrepresented by force.

    For these reasons and many more I am thankful today for the Constitution.

    Steve Allred, JD, MDiv
    Pastor
    Yuba City Seventh-day Adventist Church
    Blog: SacredConscience.com


  • Op-Ed: What is a Christian Nation?

    In order to address the idea of what a Christian nation is, we have to define both what a nation is and what it means to be Christian.

    By Jason Hines – Last week on the ReligiousLiberty.TV Facebook Page, Michael Peabody asked us to put historical, feasibility, and preferential objections aside and describe what a truly “Christian nation” would look like. How would it conduct foreign and domestic policy for example? This is an incredibly difficult question for me. Of course, part of my life’s work is about pressing against the idea of a “Christian nation,” but I thought this would be an interesting question to take up to see if I could fashion what a true Christian nation would be like.

    I think we have to start at the most basic point – what do we mean when we say “Christian nation?” Part of what makes the notion of a Christian nation unworkable is that I don’t think Christians in America (or anywhere else for that matter) could ever agree on what a Christian nation should be. If Christians can’t agree on what it is, how could the ever actualize it? In some of the comments on left on the Facebook page, some have noted that a Christian nation is impossible because of Christ’s statement that his kingdom is not of this world. (John 18:35-37) While this argument has merit, I mention it only to make the point that it would be hard to actualize a Christian nation if you had a contingent of Christians saying that having a nation is against the very premise of Christianity. In order to address the idea of what a Christian nation is, we have to define both what a nation is and what it means to be Christian.

    Some would say that a nation is simply its people and therefore a Christian nation is a nation that has a majority of Christians. If that is the case, than America is already a Christian nation. According to Gallup, 78% of Americansidentified themselves as Christian in 2011. However, I think that definition is too simplistic. A nation, in my opinion, is more than just its people. Our nation isn’t just a bunch a people running around. We have levels of government and other institutions that make up what our nation is. So I think a Christian nation would have laws and institutions that reflect the Christian ethos. But how will we define the Christian ethos? Obviously we would attempt to have our laws reflect the teachings of Christ, but is there anything else we need to fulfill the Christian ethos? I want to argue that we should restrict it to just the teachings of Christ, but that would not be accurate in terms of describing what Christianity is today. We would have to include the entirety of the New Testament (including what people like John the Baptist, Paul, and Peter taught) as well as what we can glean from the Old Testament. Referencing the Old Testament makes the project particularly thorny because while the Old Testament gives us a very explicit guide about what a Godly nation would be through the Children of Israel, one could also argue that the Old Testament is very different from the new. Moreover, we would now have to go through a project of deciding which laws given then would be relevant today. While this forum is not the place to give a complete delineation of what a Christian nation would be and do (I think this is actually a really good book topic) I will attempt to address some of the more interesting elements of policy that I think a Christian nation would enact.

    One of the more interesting things that would exist in a Christian nation would be the debt and welfare system. In Deuteronomy 15: 1-11, Moses lays out a fairly liberal and debt and welfare system. Not only were Israelites expected to loan people what they needed, all debts were to be cancelled every 7 years. Moses explicitly mentions that Israelites should not refuse to loan someone what they need because the 7th year is approaching. Moses also fails to mention any kind of repayment plan or interest. I think this is an interesting thing to have done on a national scale. I am not sure if you would enact a law that required citizens to assist each other, or if you would just create a wide open welfare system where no one was rejected and anyone could have access to resources from the government to be able to survive. I assume you would also have regulations to ensure that credit card companies and other lending organizations would cancel debts every 7 years. This would essentially erase poverty and a phenomenon that may be worse – debt slavery. For example, it has been more than 7 years since I left law school. Imagine if my law school debt had been cancelled at some point since 2003? Imagine if credit card debt were cancelled every 7 years?

    How could there no be universal healthcare in a Christian nation? Besides all the miracles of Christ (most of which deal with improving the physical and mental health of others), you would essentially have universal healthcare because you would be required under the welfare system to loan people the money they needed to cover hospital costs, if the situation should arise.

    I think it is important at this juncture to point out that these things do have a parallel in the New Testament. In the parable of the sheep and the goats, Jesus delineates what his followers will do. In Matt 25: 35-36 He says, “For I was hungry, and you gave Me something to eat; I was thirsty, and you gave Me something to drink; I was a stranger, and you invited Me in; naked, and you clothed Me; I was sick, and you visited Me; I was in prison, and you came to Me.” A Christian nation should certainly live up to this high standard.

    When we look at the Sermon on the Mount, we see several things that would have to change in our society. Imagine if we could arrest you for anger (Matt 5:21-22) or if you could potentially be liable for adultery for looking with lust at someone who was not your spouse (Matt 5: 27-28). Foreign policy could be summed up by Matt 5:43-45 – “You have heard that it was said, ?You shall love your neighbor and hate your enemy.’ But I say to you, love your enemies and pray for those who persecute you, so that you may be sons of your Father who is in heaven; for He causes His sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous.”

    I have so far avoided the elephant in the room, which is the relevance of Levitical laws. I have avoided it because I am unsure exactly what to do with it. Levitical laws (found mostly in Leviticus 19 and 20) seem outdated and many of them require death for things that we would not even dream of considering capital crimes today. However there is a strong argument for the idea that if we’re going to rely on the Old Testament for anything in the Christian ethos, then we have to include the “bad” with the good and include all of these laws in our Christian nation. However, I would rather argue that those particular laws are contextual and not meant to apply to today, or to nations outside of the children of Israel.

    There seems to be one requirement for a Christian nation that would stand above all. In Exodus 24, after God has given Moses a series of laws (not just the Ten Commandments), Moses presents them to the people. Exodus 24: 3 records the people’s response. “[T]hey responded with one voice, ?Everything the LORD has said we will do.’” This requirement is what makes a truly Christian nation impossible. In order to truly be a God-led nation, God must make a covenant with that nation, and the people of that nation must then confirm that covenant with God. While each of us is able to make that covenant for ourselves, there has been no record of any nation having such a covenant on a nationwide scale with God. Wake me when that day comes and maybe we can have this discussion again for real.

    ###
     A Harvard Law graduate, Jason Hines practiced commercial litigation in Philadelphia for five years and conducted seminars on religious liberty in his spare time. This gave him the opportunity to discuss issues of religious freedom with Adventists in churches all over the United States. In 2008, Jason decided to devote his life to work in religious liberty. To that end, he enrolled at the Seminary at Andrews University, where he is pursuing a Master’s Degree in Religion. He is also a PhD candidate in the Religion, Politics, and Society at the J.M. Dawson Institute for Church-State Studies at Baylor University. Jason blogs about religious liberty and other religious issues at thehinesight.blogspot.com and is also an associate editor of ReligiousLiberty.TV, an independent religious liberty website.
  • RLTV PODCAST: Jason Hines – A Passion for Freedom

    Attorneys Jason Hines and Michael Peabody discuss principles of  liberty of conscience.