New Prager University Video: Separation of Church and State

The latest from Prager University:

“The Separation of Church and State.” Probably no phrase has had more impact on American history in the last fifty years than this one. Where did it come from? Who coined it? And, what does it mean? Distinguished law professor, John Eastman, has some surprising answers.

What Aren’t Your Kids Learning About America?

Conservative critics of left-wing bias in public education have noshortageofhorrorstoriesto make their point, such as Tanya Dixon-Neely, the North Carolina teacher who is keeping her job despite getting caught on tape in May berating a student for criticizing Barack Obama and telling the class they could get arrested for bad-mouthing their presidents.
But the more pervasive danger to future generations’ political understanding is subtler than outright indoctrination. Even when teachers aren’t out to push an agenda, social studies courses tend to take a superficial approach that may relay key historical events adequately, but provides only the most superficial understanding of the theories and values behind them, if at all.
Don’t believe me? Here are a few simple questions you can ask your kids to judge for yourself just how well served they’ve been in their Social Studies classes:
1.) Who was John Locke, and what did he contribute to the Founding? Despite dying seventy-two years before the Declaration of Independence, the great English philosopher could be thought of as the first Founder, since his writings established the natural right and social compact theories at the Declaration’s heart. Thomas Jefferson’s formulation that “ all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness,” and “that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” is basically the Cliff Notes version of Locke’s Second Treatise of Civil Government, which proposed consent as government’s only moral justification because nobody has a divine claim over anyone else, protecting individual rights as government’s just purpose, and developed a rational basis for objectively defining what is and is not a right.
2.) What is the significance of the Federalist Papers? Written by James Madison, Alexander Hamilton, and John Jay to persuade the new nation to adopt the Constitution, there is no more authoritative guide to our government—and yet, to most students, it’s a footnote at best. They’re denied some of the Founders’ most important lessons, like Federalist 10on the dangers of faction (groups “ actuated by some common impulse of passion, or of interest, adversed to…the permanent and aggregate interests of the community”), Federalist 45 on the difference between federal and state roles (“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite”), Federalist 51 on human nature’s implications for politics (“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary”), or the papers’ extensive analysis of the vital difference between direct democracy and the constitutional republic America was designed as. The Federalist Papers reveal that there’s careful thought and important purpose behind every aspect of our Constitution, yet the average high-schooler is likely to graduate with the impression that constitutional mechanics like the Electoral College, separation of powers, and bicameralism were either mere products of sectional compromise or the outdated fallacies of old, white elites.
3.) How did the Founders treat slavery? Conventional wisdom paints the Founders as simply hypocrites who proclaimed liberty for themselves while denying it to blacks. But while the stain of slavery on our history is real, our forefathers’ indifference on the subject is not. Slaveholders held enough power to keep the practice alive, but the Founders overwhelmingly opposed and condemned it. Consider the Three-Fifths Compromise. Everybody knows the constitutional provision that counts slaves as three-fifths of a whole person for purposes of apportioning House seats, but how many know that it was the slaveholders who wanted their slaves to be counted fully, so they could reap the benefits of additional Congressmen who would vote with pro-slavery interests, like the preservation of slavery, fugitive slave laws, and support for slavery in the territories? By counting them as three-fifths, the framers of the Constitution gave slave states lessinfluence over Congress than counting slaves fully would have, without completely alienating their willingness to ratify the Constitution. In fact, the compromise actually gave states an incentive to free their slaves: if their slaves became free men, they’d get more representatives.
Public schools may teach kids the whos, whats, wheres, and whens of American history and politics, but not the whys—an inexcusable inadequacy that denies them what they need most to become civic-minded adults, and demands much greater attention in America’s education debate.

ObamaCare: Liberty Lost the Battle, But the War’s More Winnable Than Ever

Conservatives were right about John Roberts.
Not this year, obviously: nobody expected the Chief Justice to fall for the White House’s most laughable justification of ObamaCare’s individual mandate. But we were right in 2005, when George W. Bush nominated the blank-slate jurist to the Supreme Court. Ann Coulter warned us that “stealth nominees have never turned out to be a pleasant surprise for conservatives.” I’ve previously voiced my fear that Roberts worships at the altar of stare decisis.
Despite Roberts’ reasoning, the mandate is manifestly nota tax. As the bill’s text and legislative history clearly show, it’s a penalty expressly justified as a regulation of interstate commerce. Barack Obama himself emphatically denied that it was a tax. Hell, the Court itself acknowledged it’s not a tax—for the purpose of ruling on a different part of ObamaCare. As Anthony Kennedy’s dissenting opinion says, “to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it.” (To say nothing of the real elephant in the room: even if it was a tax, it still wouldn’t fall under enumerated powers.)
Jay Cost looks on the bright side: the Court rejected the mandate’s Commerce and Necessary & Proper Clause rationales, which sets valuable precedent. They also affirmed that states can’t be denied Medicaid funds for noncompliance.
That’s all well and good…but is one constitutional provision really protected when government can get away with the same thing by simply calling it something else? Brent Bozell is right: “there will be no rehabilitating” of John Roberts’ new image “as a traitor to his philosophy.” Thanks, Dubya!
Make no mistake: today was a defeat for constitutional fidelity, individual liberty, limited government, and true healthcare reform. But the American people may yet have the last laugh.
The general public deeply, deeply opposes ObamaCare, and doctors keep reaffirming that it’ll make American healthcare worse. The Court just guaranteed that a clear loser for Obama will remain a prominent issue throughout the rest of the campaign. We’re already seeing signs that conservatives are giving Mitt Romney a much-needed enthusiasm boost.
Beyond that, the ruling added two brand-new wrinkles to the narrative, neither of which works to Team Obama’s benefit. First, the mandate can now be characterized as a tax increase, an argument Sen. Marco Rubio is already expertly deploying. Second, Obama now has a new circle to square: were you lying about the mandate not being a tax then, or are you lying now?
Hopefully Romney will incorporate these details into his rhetoric sooner rather than later (his pre-scripted reaction to the ruling desperately needs a tune-up). Either way, the bottom line is that it’s more important than ever for conservatives to dedicating ourselves to keeping the House, retaking the Senate, and—and here’s the part some conservatives still want to suicidally ignore—retaking the White House. Only by electing Mitt Romneycan we hope to repeal ObamaCare and appoint justices with greater respect for the Constitution.
Let’s get to work.

New on Live Action – Has the OK Supreme Court Inadvertently Put the "Right to Choose" on the Fast Track to Oblivion?

Check out my latest Live Action post:
Pro-aborts may have declared victory in the wake of the Oklahoma Supreme Court’s decision to invalidate the Oklahoma Personhood Act, but according to Personhood USA President Keith Mason, pro-lifers are the ones who should be celebrating, since the decision puts personhood on the fast track to the highest court in the land:

The Oklahoma Court’s decision relied heavily on Planned Parenthood v. Casey, and in moving to deny the people’s right to petition on behalf of the preborn, they have turned this case into a federal issue, deciding “the only recourse available to this Court is to follow…the United States Supreme Court.” The ruling has set us up for a direct challenge to Planned Parenthood v. Casey.
The Oklahoma Court ruling has, inadvertently, propelled the Personhood movement several years forward!
The implications of this case are enormous! Not only will the Personhood movement receive more exposure, which results in an unmatched opportunity for education and saving babies’ lives, but there is a very real chance for victory. The Oklahoma case could be the first to directly and successfully challenge Planned Parenthood v. Casey, dismantling the abortion stronghold in America, and demanding basic human rights for every single human being. This is cause for celebration!

The Oklahoma high court called the measure “clearly unconstitutional,” claiming the Supremes’ prior rulings on abortion have settled the issue. If the Supreme Court were to hear the case, they’d be taking the explosive step of reconsidering Roe v. Wade and Planned Parenthood v. Casey’s central proposition: that the Constitution protects the “right to choose” abortion. That’s a high-risk/high-reward proposition, to put it mildly.
Read the rest at Live Action.

New on Live Action – Kathleen Sebelius Admits She Didn’t Bother to Ensure Contraception Mandate Was Constitutional

My latest Live Action post:
Courtesy of PJ Media, here’s a revelation that’s somehow nowhere near as shocking as it ought to be. Yesterday on Capitol Hill, Secretary of Health and Human Services Kathleen Sebelius admitted that she didn’t bother to check the Constitution or judicial precedent before going ahead with the Obama Administration’s contraception mandate.
Asked by Rep. Trey Gowdy (R-SC) what tests of legal interpretation she used to determine that the mandate struck the right balance with religious liberty, Sebelius answered:

Congressman, I’m not a lawyer and I don’t pretend to understand the nuances of the constitutional balancing tests […] I am not going to wade into constitutional law, I’m talking about the fact that we are implementing a law that was passed by the Congress, signed by the President, which directed our department to develop a package of preventive health services for women. We have done just that with the advice of the Institute of Medicine, and promulgated that rule.

Note well that the combination of congressional votes, presidential signatures, and the opinion of the Institute of Medicine amount to somewhere between nada and zilch when it comes to constitutional law.
Read the rest at Live Action.

New on Live Action – Rethinking the Intersection of Church, State, and the Right to Life

My latest Live Action post:
When pro-aborts can’t win the argument with biological shell games and character assassination, they usually resort to disqualifying pro-life opinions from consideration by labeling them violations of America’s separation of church and state. So it’s worth spending some time on a broader look at the way abortion politics intertwine with religion.
Contrary to the insistence of abortion defenders, the case against abortion is not exclusively theological. It has two core factors: the empirical observation that individual human life begins at fertilization, and the moral/philosophical proposition that all human beings have an equal claim to live.
Clearly, the former point has nothing to do with religion. Admitting that zygotes, embryos, and fetuses are live human beings is simple biology. If protecting the right to life after birth isn’t “imposing religion,” then neither is concluding that such shared humanity entitles the pre-born to be included in that same protection. Indeed, pro-lifers are just advocating for a broader, more consistent application of the general right-to-life principle the rest of society already accepts, albeit selectively.
Read the rest at Live Action.

New at Live Action – Bogus Church-State Ruling Defunds Bishops’ Aid to Sex-Trafficking Victims

My latest Live Action post:
As if we didn’t have enough on our plate with the battle over forced contraception coverage, the Obama administration is currently embroiled in another religious fight, this time with the U.S. Conference of Catholic Bishops over federal aid money for sex-trafficking victims.
The Trafficking Victims Protection Act provides money to fund medical and mental health services for victims of sex trafficking, and since 2006, the bishops have been allowed to limit the money they receive to contractors who are uninvolved in abortion. But in its infinite wisdom and compassion, the current administration has decided to revoke the bishops’ grant money entirely rather than keep funding their charitable work. Now a federal judge has ruled against the bishops:

Although the nation’s Catholic bishops said the ACLU lawsuit is “without merit and an affront to religious liberty,” U.S. District Court Judge Richard G. Stearns ruled on March 23 that the government’s accommodation of the decision not to make abortion referrals is unconstitutional. Stearns, a Massachusetts judge, said the government violated the Establishment Clause of the First Amendment “insofar as they delegated authority to a religious organization to impose religiously based restrictions on the expenditure of taxpayer funds, and thereby impliedly endorsed the religious beliefs of the USCCB and the Catholic Church.”
Stearns also said is not about forcing the bishops to violate their pro-life views but about “the limits of the government’s ability to delegate to a religious institution the right to use taxpayer money to impose its beliefs on others (who may or may not share them).”

As a matter of policy, HHS’s decision is indefensible. It’s disgusting enough when the government funds abortion directly, but to throw out all of an organization’s charitable work, which is achieving the stated goal of helping sex-trafficking victims, simply because that organization’s members don’t want to be complicit in abortion?
Read the rest at Live Action.