Re: US Government Sponsored Prayers and The Pledge of Allegiance

On May 9, 9:51=A0am, Bob LeChevalier <loj...@[EMAIL PROTECTED]
> wrote:
> s****hawk <s****h...@[EMAIL PROTECTED]
> wrote:
> >On May 8, 3:01=A0pm, 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. =A0Congress 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. =A0Congress, 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.
=A0
>
> >> Congress has no Constitutional rights. =A0It has specific
constitutiona=
l
> >> powers enumerated in the Constitution. =A0None 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. =A0Inside a session of Congress,
> in the Establishment clause and the religious test clause.

SCOTUS strognly implied otherwise in Marsh.

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

That interpretation of "respecting" makes no sense either in the
historical context of the amendment or common sense.

> You are ignoring the religious test clause. =A0If 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.

The religious test clause covers qualification for office, not
qualification to lead Congress in prayer.  If there is no
Establishment Clause violation when a pastor opens a session of
Congress, then there is almost certainly no Constituional violation.

Josh Rosenbluth