Proper Role of Government

Economy, Bailouts

Debt, Spending, and Taxes

Monetary Policy

The Federal Reserve

The General Welfare

National Defense

Foreign Policy

Life, Abortion

The 2nd Amendment

Delegation of Congressional Power

Sovereignty

Education

Global Warming, Environment

Health Care

War on Drugs

Border Security, Immigration, Fences

Crime, Punishment, Mandatory Sentencing

Civil Liberty

Tort Reform

Reading Bills

Codifying the application of the Constitution to the entire body politic: I am for an amendment which states that the Constitution is henceforth intended to apply to all citizens of the United States; regardless of race, gender, sexuality, creed, or religion even if such was not the original intent of the Constitution's framers. We have come a long way since 1789. Since then we have knocked down racial and gender barriers that the framers simply accepted. It is time our Constitution reflected and codified this commitment to the equality of the body politic.

Marriage: The right to marry is protected as an unremunerated individual right under the 9th Amendment. The right to peaceably assemble and exercise religion is protected by the 1st Amendment. How citizens may marry is a matter of state, not federal, contract law and protected as such under the 10th Amendment. Who may marry is a moral issue established by religion. Thus, the federal government may not involve itself in marriage in any way other than to protect the individual's 1st and 9th Amendment rights to marry. States are prohibited under the 14th Amendment from involving themselves in who can marry, although they may use the force of legislation to control how their citizens marry and use the force of their judiciaries to determine the degree to which those marriage contracts are enforced…so long as whatever they do does not prevent the lawful entry into or execution of marriage contracts. States do not have to provide ministers to marry citizens [contracts are entered into everyday without a public minister present] nor do religions have to marry those they do not agree with morally to be married. Private businesses are not required to honor marriage contracts but public entities are so required. Herein discussed, lies the limits of governmental power to effect marriage. If you think there should be further guidance on who your neighbors should marry, look to yourself and the example you set leading a moral, virtuous and traditional family. If you think there should be further constraint in your state on how your neighbors should marry, or how far those contracts should be enforced, then run for your state legislature or seek appointment to your states judiciary respectively.

School Prayer: There is no constitutional basis for the existence of the federal Department of Education or for its intrusion into the running of schools under the jurisdiction of the states or the free market [parents]. Thus, under the 10th Amendment, how to provide for education is left to the States and/or to the People. Should the People of a state then decide to allow it to provide for education, that state may only require guided by the 1st and 14th Amendments, that no religion be established and that the free exercise thereof not be prohibited. Therefore, prohibiting teachers and children from praying in school is an infringement of their 1st Amendment rights. So long as those that do not want to pray are not made too, nor penalized for non-participation, then no religion has been established. Children attending schools under the jurisdiction of the free market [private schools] may be required to pray to attend a religious school and if they or their parents are adverse to that practice, they can choose a different school that does not require prayer. If there is no such school in the area, then they may have to move somewhere else if they don’t want to have to pray at school, or they may decide to school at home. Liberty requires responsibility and one of the things we are responsible for is where we choose to live…and there are fifty choices available.

Establishment of Religion: There are some who argue that the United States is a "Christian" nation. So long as Christianity remains the majority religion this statement is true; after a fashion. There was a time when not a protestant in the States believed they would be outnumbered by Catholics and there may yet come a time when all Christian denominations are outnumbered by Muslims or Atheists. Given the weight of legal precedent on the law, it remains critical then that we carry on the constitutional practice of non-establishment, as our founders did; so that in the future, if your religion is no longer the majority, you will not have to worry about being forced into a new religion of the majority.

But let us consider more closely what establishment is and what it is not. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…" [The 14th Amendment extends this 1st Amendment guidance on religion to the states as well.] Allowing only certain religions to practice on public property is an example of establishment; disallowing all or select religious practice is an infringement of the right of free exercise. It is not the fault of the majority religion that they will, by definition as a majority, have a more robust public presence than minority religions. So, when a minister presents him/herself at a public gathering to lead a prayer, not allowing him/her to speak is an infringement on his/her— and those person's assembled – rights. To allow only that minister to speak, [or select ministers] or to require that everyone pray along, is establishment of religion. Thus, it is completely constitutional for ministers to pray at public gatherings and no cries for disestablishment need be heeded as a result." However, codifying religious doctrine into our secular law is most certainly an act respecting establishment of religion and it is the first deadly step towards using the force of the government to require conformity with the majority.

What will you do if you are someday required by the government to bow in prayer to the east five times a day? Will you then stand upon the Constitution once its protection becomes convenient once more? Ask a Republican bailout voter just how hard being a fiscal conservative is after the deed is done. The time to stand up for the Constitution is when you are in the majority, so that WHEN you are in the minority you will have the weight of precedent and equal protection under the law on your side.

If you have a civil rights issue you would like me to write about, let me know and I will post my response here on this page. Use my “User Voice” poll over to the left underneath the issues, to make a suggestion.

FOR LIBERTY!

RJ Harris
Constitutional Conservative Republican
US Congressional Candidate
Oklahoma 4th District