“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.
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.
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.
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.
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?
5. At the hearing, Professor Dellinger mentioned that Congress had once passed a law requiring individual male citizens to provide themselves with muskets, gear and uniforms of a certain specification. I believe Professor Dellinger was referring to the Militia Act of 1792, which required all able-bodied male citizens, 18 years of age or older, to be enrolled in a militia and provide themselves with certain supplies for that service.a. Do you believe Congress most likely relied on its Commerce Clause powers in passing that statute?Congress was relying on its Article I, section 8 power “To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States . . . ” The militia power, and the duty of a citizen to serve, pre-existed the formation of national government.b. Do you believe the Militia Act of 1792 would have been a permissible exercise of Congress’ authority if it were based solely on Congress’ Commerce Clause powers?It would not.c. In your testimony, you alluded to jury duty, selective service registration and several other actions the federal government requires of each individual citizen. You described these as traditionally-recognized requirements that were necessary for the continued function of the government itself. In 1792, the United States did not have a permanent standing army. Do you think service in the militia was among those traditionally-recognized requirements necessary for the continued function of government?Without question, it was considered a fundamental duty of citizenship. Congress is now seeking to add an new and unprecedented duty of citizenship to those which have traditionally been recognized: the duty to engage in economic activity when Congress deems it convenient to its regulation of interstate commerce. And the rationales offered to date for such a duty would extend as well to the performance of any action, whether economic or not, when Congress deems it convenient to the exercise of its power over interstate commerce. The recognition of so sweeping a duty would fundamentally alter the relationship of American citizens to the government of the United States.
“The minimum coverage provision is … necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,” the Justice Department said in its first Supreme Court brief on the merits of the mandate.
The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intcrcourse between the different parts of the Confederacy. “The commerce of the German empire is in continual trammels from the multiplicity of the duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the fine streams and navigable rivers with which Germany is so happily watered are rendered almost useless.” Though the genius of the people of this country might never permit this description to be strictly applicable to us, yet we may reasonably expect, from the gradual conflicts of State regulations, that the citizens of each would at length come to be considered and treated by the others in no better light than that of foreigners and aliens.
Hot off the heels of trashing Lila Rose, Newsweek’s Michelle Goldberg jumps into the ObamaCare-contraception fray with a Daily Beast column arguing that forcing Catholic institutions to offer birth control is no big deal. Unfortunately for the Obama Administration, however, her apologia is a train wreck of distortions and non sequiturs:
But many Catholic institutions are already operating in states that require contraceptive coverage, such as New York and California. Such laws are on the books in 28 states, and only eight of them exempt Catholic hospitals and universities. Nowhere has the Catholic Church shut down in response.Really? According to the non-partisan National Conference of State Legislatures, the actual number of states with religious exemptions is twenty, making the truth the exact opposite of what Goldberg describes. Maybe that has something to do with why Catholics would consider the White House’s decision a dramatic change in the status quo?