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National Day of Pray gets wrong court decision

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Carter Thomas
May 4, 2010 | 2,197 views | Post a comment

The recent District Court decision ruling the National Day of Prayer unconstitutional is an activist decision that should be overruled and we should take immediate action against it. For more details on the case and information on how we can take action against this ridiculous decision, please read on.

On April 15, 2010, Judge Barbara Crabb, a federal judge in the United States District Court for the Western District of Wisconsin, ruled that the National Day of Prayer, which was established by Congress in 1952, was unconstitutional! She made this ridiculous ruling even though the National Day of Prayer had been lawful for 58 years and without an amendment to the Constitution making it unconstitutional. Let’s examine her logic and the historical facts.

In 1776 Thomas Jefferson wrote that all men were “endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness.” The latter phrase is generally understood to mean property. In other words, the Founders believed that life, liberty, and property are from God, not from any government, agency, or man. One cannot take away what one did not give. Therefore, government cannot take away one’s property.

James Madison authored the Constitution in 1787 and is considered by all to be the father of the U.S. Constitution. What is less known is that Madison wrote a treatise on Property in 1792, five years after the ratification of the Constitution. In this work Madison argued that property is both external and internal in nature. Madison defined external property as “a man's land, or merchandize, or money.” He defined internal property to be a man’s “beliefs, conscience, and religion.”

Madison believed that one’s internal property is the most sacred of all properties. He wrote that man “has a property of peculiar value in his religious opinions, and in the profession and practice dictated by them.”

Madison summarized his thoughts on Property by writing, “Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.”

The intent of our Founders could not be clearer. We have an unalienable right to profess and practice our religious opinions. The National Day of Prayer did not endorse a particular religion as all major religions were invited to participate. The National Day of Prayer did, however, endorse our right to profess and practice our religious opinions, freely. In this latter sense, the National Day of Prayer is the protection Madison demanded.

How could Judge Crabb get this decision so wrong? TCG believes it is because of one of two possible reasons. Either she is completely ignorant of our Founders’ intent or she is an activist who wants to radically change our government. Both the former and the latter reasons disqualify her from being a District Court Judge in our opinion.

It is interesting to note that she was appointed by the ultra-liberal Jimmy Carter. Jimmy Carter’s appointees to the Federal Bench are known either for activism or, in the case of Alcee Hastings, for being impeached. She is another in a long line of liberal, activist judges seeking to radically change our way of life through oppressive government.

Thankfully, Judge Crabb has indicated she is interested in retiring. Hopefully the Supreme Court will do the right thing and overturn this ridiculous, activist, and wrong decision.

TCG is not alone in believing this to be a bad decision. The following is what the American Family Association (AFA) said in a recent communication to its members.

“Last week, Barbara Crabb, a federal judge appointed by former president Jimmy Carter, declared that the National Day of Prayer is unconstitutional. Bizarrely, she said it is a violation of the First Amendment.

“Yet the tradition of national days of prayer goes back to our very first congress and our first president. Just two days after members of Congress passed the First Amendment, they asked President George Washington to declare a national day of thanksgiving and prayer. In response to this request from Congress, President Washington, less than a week after passage of the First Amendment, issued just such a proclamation on October 3, 1789.

“From a merely historical point of view, this makes it clear that it is preposterous to suggest that there is anything unconstitutional about a national day of prayer. Judge Crabb seems dangerously unaware of American history and the true meaning of the First Amendment, which was designed to protect freedom of religious expression, not stamp it out.”

Thursday May 6th is the National Day of Prayer. The AFA has organized an event called “Meet at City Hall.” For more information on this event please click on the following URL:

Participation in ‘Meet At City Hall’ is very simple. Simply show up at your local city hall at 12:20 pm on Thursday, May 6. There will be others present. Spend the 20 minutes in prayer. Many members of TCG have already committed to meet at the flag pole at the Floresville City Hall at 12:20 pm on May 6th.

Recommended Action: TCG recommends that all on this distribution list, who are able, join us and millions of Americans in praying for a moral rebirth in America. This is not only what our Founders would have done, it will also serve notice to our elected officials that we will no longer tolerate blatantly activist, intolerant, and wrong decisions. Please mark your calendar as a reminder to join us at the Floresville City Hall on May 6th at 12:20 pm.

Alexis de Tocqueville wrote, “Americans combine the notions of religion and liberty so intimately in their minds, that it is impossible to make them conceive of one without the other.” Finally, both Presidents Eisenhower and Reagan have stated that “America is great because she is good, and if America ever ceases to be good, she will cease to be great.” Let’s continue to be good in hopes of not losing our greatness. We look forward to seeing you at the flag pole on May 6th.

Thank you for your support!

Texans for Constitutional Government
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