Re: US Government Sponsored Prayers and The Pledge of Allegiance

s****hawk <s****hawk@[EMAIL PROTECTED]
> wrote:
>On May 8, 3:01 pm, Bob LeChevalier <loj...@[EMAIL PROTECTED]
> wrote:
>> s****hawk<s****h...@[EMAIL PROTECTED]
> wrote:
>> >> You are contriving to give primary im****tance to the Free Exercise
>> >> Clause when the Establishment Clause provides the appropriate
>> >> guidance, that is, to prevent official prayers in Congress.
>>
>> >No one recites "official" prayers in Congress: there is no "official"
>> >prayer.  Congress has not and cannot designate an official prayer.
>> >But it does not follow that Congress as a body cannot authorize a
>> >minister to lead the Congress in a prayer.  Congress, just like all
>> >citizens of the United States, has the Constitutional right to the
>> >free exercise of religion.
>>
>> Congress is not a citizen; it is a part of the Federal government.  
>>
>> Congress has no Constitutional rights.  It has specific constitutional
>> powers enumerated in the Constitution.  None of those powers includes
>> authorizing a minister to lead the Congress in a prayer.
>
>No where does the Constitution prohibit the members of Congress from
>voluntarily joining together as a body in prayer or from inviting
>recognized religious leaders to lead the prayer.

Outside a session of Congress, nowhere.  Inside a session of Congress,
in the Establishment clause and the religious test clause.

>The First Amendment states only that
>Congress shall make no laws respecting (meaning: "related to") a
>religious establishment--that's it.

You are ignoring the religious test clause.  If it were constitutional
for Congress to honor someone with the permission to lead a prayer,
then their religion could not be a factor and the pastafarian has as
much right as the fundie to lead the prayer.


>> >If Congress, as a body, grants authorization,
>>
>> Congress has no power to grant authorization to one religion and not
>> another.  That would violate the no religious tests clause, as well as
>> not be an enumerated power of Congress.
>
>Congress is not required to grant authorizations to all religions at
>the same time,

Congress is not allowed to grant authorizations to any religions.

>And there is no "religious test clause" in the Constitution.

Article VI:
<but no religious Test shall ever be required as a Qualification to any
Office or public Trust under the United States.

lojbab
Bob LeChevalier - artificial linguist; genealogist
lojbab@[EMAIL PROTECTED]
   Lojban language www.lojban.org