CHAPTER FIVE: ABORTION

 “Before I formed you in the womb I knew you, And before you were born I consecrated you; I have appointed you a prophet to the nations.” 

  Jeremiah 1:5

The controversy surrounding abortion law is as dividing as the rift between Civil War North and South regarding the issue of slavery in America.   It is a an extremely important subject, especially for the “Right Wing Christian Conservative Block”, as it is called.  And the legal nuances inherent in the matter often dominate the decision process in the appointment of Justices to our highest court. 

Before I delve into my position on the matter of abortion, though, I feel it is important to point out that the amount of influence the issue has on our decisions to back candidates is often counterproductive, and in my opinion, distracting.  Particularly, in the Republican Party, I have found that far too many members absolutely will not even consider voting for a candidate that shares 99% of their virtuous beliefs and political foresight if they are not 100% Pro-Life.  Quite literally, stating that you are Pro-Choice in the Republican Party is political suicide.

On the one hand, this steadfast adherence to an issue such as abortion is praiseworthy and I hope that the fight continues to further restrict abortions across our great nation.  On the other hand, as a result of this issue, the Republican Party has become entirely too one-issue oriented.  This is an impediment to the Republican Party’s ability to implement its proper platform on all other issues as we are losing the vote of the common person more concerned with the economy, education, and the environment.

Here is the perfect example:  I sat down to lunch with a client and friend of mine recently.  He is a 90 year old Republican who ran his own dental office for almost as many years and co-founded the McLean Bible Church in Vienna, Virginia.  Extremely devout, I often tease him that he should have been a preacher. 

We got to talking about politics and religion as we always do, and the issue of abortion came up.  His view on abortion is that it is always, unequivocally a sin to abort a child unless there is extreme danger to the mother.  Every single time the subject comes up, he falls back on the Bible passages of Jeremiah 1:5:

“Before I formed you in the womb I knew you, And before you were born I consecrated you; I have appointed you a prophet to the nations.” 

His argument, ostensibly, is that a human being exists at the very point of conception, and therefore its abortion is tantamount to murder if there is not extreme justification.  

Playing devil’s advocate, I asked the following hypothetical:  If you were a Senator, would you vote for legislation that does allow abortions, but further restricts abortions by requiring all women over the age of 18 to prove risk to their health for their abortion to be legal?

He responded as anticipated – Absolutely not!  I countered, arguing that at least it would be a step in the right direction.  To that I was satisfied to gain his concurrence.  However, many in the Republican Party take the counterproductive stance that any abortion is wrong, and therefore would look past this proposed “step in the right direction.”  This type of stubborn mindset is is holding progress hostage – not just as it applies to abortion laws, but also to the remainder of the Republican Platform. 

So, what am I?  Am I Pro-Life or Pro-Choice?  Before I answer, let me note a very real problem in contemporary politics – too many conservatives won’t even listen to a candidate who says he is Pro-Life but believes abortions are proper under some circumstances.  Upon a further elucidation of the facts and moral considerations, however, I believe most  would actually agree that there is a proper, LEGAL, threshold. 

Therefore, I am bold to say, that I am absolutely Pro-Life, however, I do believe that abortions are sometimes an unfortunate necessity and our government does not and ought not have the authority to regulate it to the level of abolishing the practice altogether.  Allow me to explain: 

The paramount case concerning abortion law, unquestionably, is Roe v. Wade, 410 U.S. 113 (1973).   The Supreme Court determined that a right to privacy afforded by the due process clause in the Fourteenth Amendment extends to a woman’s choice to have an abortion.  However, the court maintained that the mother’s right to privacy must be balanced against the state’s two legitimate interests for regulating abortions: protecting prenatal life and protecting the mother’s health.

Arguing that the state interests mature over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the mother’s trimester of pregnancy.  The Court later rejected Roe’s trimester framework, but continues to affirm its central holding that one has a right to abortion up until viability, which the court defined as being “potentially able to live outside the mother’s womb, albeit with artificial aid,” adding that viability “is usually placed at about seven months (28 weeks) but may occur earlier.”

Defenders of Roe argue that case precedent prior to the decision delineated a sphere of private interests and that at the core of that sphere is the right of the individual to make the fundamental decisions that shape family life: with whom to marry; whether and when to have children, etc.  However, I would argue regulation of abortion would not be virtually impossible without the most outrageous sort of government prying into the privacy of the home – which was the sole rationale in Roe’s antecedent case of Griswold v. Connecticut, 181 U.S. 479 (1965) where the Supreme Court invalidated only a certain portion of Connecticut law that proscribed the use, as opposed to the manufacture, sale or other distribution of contraceptives.

It is clear that the government would have to sneak into the privacy of the bedroom to determine whether or not contraceptives were being used and it is equally as clear that such privacies must not be invaded without extreme exception.  Abortion, on the other hand, is something that can and is “monitored” outside the bedroom and instead in the doctor’s office. Clearly, the level of privacy is much less intimate, though arguably, not necessarily less personal.

However, I believe the debate surrounding the right to privacy as it pertains to abortion law is actually misguided.  To begin, one might argue that the protection of a woman’s right to privately abort her child is synonymous to the protection of a woman’s right to murder her spouse in the privacy of her basement.  Clearly the government has the right, in fact the mandate to intervene in the latter.  What is the difference between the two?  It comes down to the true issue at the center of the abortion debate – at what point should the law consider abortion as tantamount to unjustifiable homicide?  In other words, when are you committing the murder of a living person?

I believe the decision in Roe was fundamentally flawed.  In reaching their decision, the Supreme Court skirted the issue of unjustifiable homicide, writing, “We need not resolve the difficult question of when life begins.  When those trained in medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man’s knowledge, in not in a position to speculate as to the answer.” 

The “difficult” question, though, is central to the state’s compelling interest of protecting prenatal life, and it is fundamental to the debate surrounding the issue of abortion altogether.  Therefore, the Supreme Court erred in ignoring the question.

By ignoring the issue of life and when a fetus becomes a person, the court was able to shift the debate toward a red herring – privacy.  They focused on the privacy of the pregnant woman and her right to chose whether or not to carry the child to term or terminate.  The harm that the State would impose upon the pregnant woman by denying the choice altogether, the court argued, is evident.  Maternity or additional offspring might force upon the woman a distressful life and future, mental and physical health might be taxed in childcare and there is also the problem of bringing an unwanted child into the world, among others. 

To be clear, I believe that these are compelling concerns.  In fact, I cannot even begin to put a value on saving a child from the horrors of growing up unwanted and unloved.  And it is unfortunate when a woman becomes pregnant, is abandoned by the father, and her life is ruined financially, socially and often times, spiritually.  Further, proponents of abortion will rely on the sudden decrease in crime as a result of abortions, pointing out that since less unwanted children were born, less crack dealers, murderers, etc., were roaming the streets twenty years after the decision in Roe.  A popular book, Freakonomics, has an entire chapter dedicated to that very phenomenon. 

What it boils down to, in my opinion, is this: Roe’s notion that the state’s interest in protecting prenatal life is trumped by a woman’s constitutional right to privacy in deciding whether or not to terminate a pregnancy, is not only erroneous, but it runs utterly afoul of basic morality and the most fundamental of constitutional guarantees – the right to life. 

Does the right to privacy exist?  Yes, and I believe, undeniably.  Also, I ardently believe that the state must not have the right to interfere in one’s privacy.  That is, unless the state has a compelling interest and the regulation is narrowly tailored to address that legitimate interest.  In regards to abortion, the state has a compelling interest, and that is the protection of life. Yet the states have been injudiciously deprived of their sovereign right to police that compelling interest as each state sees fit.    

Morality is the real issue.  Abortion may in fact be “good” for the economy insofar as unwanted children are not brought up in ghettos, crime is proximately curtailed, and the population is controlled, but to champion the right to abort a child in the name of these economic windfalls is disingenuous to who we must be as Americans.  Should we legalize crack cocaine and LSD because it would cost us less not to police it?  Clearly not, because of the harm these drugs are known to have on the user, but more importantly, the harm it causes the user to voluntarily or otherwise inflict on those around them.  Why then should we allow a woman to kill a human being purely for economic concern?  We should not. 

It is obvious that the state has a compelling interest in making it illegal for me to kill my next door neighbor for slandering me, despite the fact that his defamation of my character is causing me extreme mental anguish and possible economic hardship.  So why is it that the state cannot regulate the killing of a fetus?  Because it is not a person?! 

Despite first declining to resolve the question of when life begins in reaching its decision, the court in Roe spent considerable time persuading itself that a fetus is in fact not a person as defined in the Constitution and therefore is not protected as to its right to life.  In their analysis of all the contexts in the Constitution in which the word “person” was used, the court was correct in finding no indication that it had any possible pre-natal application.  They wrote, “all this, together with our observation that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today (in 1973) persuades us that the word “person”, as used in the Fourteenth Amendment, does not include the unborn.”  

The court erred here as well.  To begin, while the word “person” is never defined to include the unborn within the four corners of the Constitution, the converse is equally as true – the Constitution does not expressly remove the unborn from the definition.  And as to abortion laws being “freer” at the time of ratification – are not the protections of personhood afforded African Americans despite the fact that slavery was rampant when the Constitution was drafted?  Could it be, that despite all their collective genius, the founding fathers simply did not think to define person? 

Next, the court turned to legal precedent, arguing that the law of torts and inheritance, for instance, has been reluctant to endorse any theory that life begins before live birth or to accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent upon live birth.  However, consider this: aside from natural miscarriage, wouldn’t the fetus live and be born but for the intervening abortion?   To terminate the pregnancy, you must kill the fetus.  Logically, does this not mean that there is life being terminated? 

So, an abortion, boiled down to its logical absurdum, is the intentional killing of a living organism that, without intervention, will become a human being.   Who, then, is the court to decide that a human being, which the state has a compelling interest in protecting, exists only upon viability?  Scientifically speaking, yes, the fetus cannot survive as a human outside the womb prior to viability, albeit with artificial assistance, but abortion terminates the further development of that fetus when it naturally could have reached viability.  

The question then, is not one of privacy, but rather one of a compelling interest in protecting life.  It is not the place of the Supreme Court to decide when the compelling interest of protecting life begins or ends.  Rather, this is a question that ought to be left to the individual states.  The protection of the life is properly a decision that must be made by each state’s moral majority through the branches of each state’s independent representative government.  Therefore, it is my opinion that the court’s decision in Roe exceeded the judiciary’s proper Constitutional reach and should be overturned.  

Each state ought to be left to decide for themselves whether or not their interest is strong enough to regulate abortions prior to viability.  Why?  Because the constituents of each state can decide for themselves as to when life begins and when life should or should not be protected as pitted against the concerns of the mother.  The moral majority, which I hope would adhere to the belief that life begins at conception, would determine the appropriate level of regulation propounded by their state legislatures.  This is the true spirit of our democracy. 

The court itself said that it cannot determine when life begins.  Therefore it must not be permitted to tell the states that their constituents’ belief that life begins at conception is erroneous and therefore not compelling.  

Pro-choice advocates argue that the right to privacy at issue is the woman’s interest in having control over her own body and bodily integrity and, therefore, this privacy is one that is of even greater importance than the right to be left alone in the home.  To an extent, I agree.  But they are missing the point entirely.  They are seeing only one side of the issue presented. 

The state absolutely should not have the power to require a woman to have a child.  However, the state does and ought to have the power to regulate against homicide.

There are situations, such as self defense, where homicide is justifiable at law.  For similar reasons, I do believe that abortion is sometimes, though narrowly, justifiable.  

First, and foremost, in the case of rape, I believe that the woman, having not made the conscious and voluntary decision to engage in intercourse, should not be required to carry a child to term.   To do so would perpetuate a second wrong on the pregnant victim by requiring her to endure the physical, mental and social consequences of a pregnancy not a corollary of her action. 

Let us then look at the issue of abortion through another lens:  Sentience.  Sentience is defined as the state of having the power of perception by the senses; consciousness.

When a woman makes the conscious decision to engage in intercourse, she voluntarily assumes the risk of pregnancy.  Having assumed that risk, and having become pregnant, her decision to abort the unwanted child is one to kill a life in being, albeit one arguably without sentience.   What we have, then, is a helpless life that has been brought into being without consent and killed by a sentient woman unable to own up to her mistake.  I believe it is absolutely fair for a state to determine that they have an interest in protecting the helpless life over the privacy concerns of the imprudent mother. 

In the case of rape, however, the mother has not been imprudent insofar as assuming the risk of pregnancy as a consequence of intercourse.  What we have, then, is a matured, sentient woman in whom the family and also the state have already invested, pitted against an insentient fetus.   It is proper for the court determine that the matured woman’s right to privacy outweighs the fetus’ right to life. 

This brings me to the very question I posed to my friend at lunch:  If you were a Senator, would you vote for legislation that does allow abortions, but further restricts abortions by requiring all women over the age of 18 to prove risk to their health for their abortion to be legal? 

In one form or another, all states have statutory rape laws on their books.  The theory behind statutory rape, with respect to a minor female, is that she is too young to give true, voluntary consent to intercourse because of her innocence and ignorance, among other factors, and therefore intercourse with her is without consent – statutorily defined as rape. 

I ask you this then:  what if a 16 year old girl engages in intercourse with her boyfriend and gets pregnant?  Logically, it follows that she did not give true, voluntary consent to the intercourse and that because of her naivety she did not truly assume the risk of pregnancy through her actions.  

In this case – that is the case of a minor, as defined by state statute, becoming pregnant – I posit that it would be constitutionally impermissible for the state to ban the abortion altogether.  Here, the innocence of the minor mitigates against her culpability, and her decision to have or not to have a child, her right to privacy, could be argued to outweigh the compelling state interest of preserving prenatal life, just as in the case of rape.  

Now, having said the above, it is important to note that there are instances when even minors are to be treated like an adult in the eyes of the law and the same should apply in the case of abortion.  By way of example, a 16 year old boy can be tried as an adult for murder.  What of the pregnant 16 year old: can she be treated as an adult and her abortion outlawed except to protect her health?  Quite possibly, yes, but it is the state legislatures, not the Supreme Court that should make that determination.

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CHAPTER FOUR:

RELIGION IN GOVERNMENT

Whereas Almighty God hath created the mind free; that all attempts to influence it by temporal punishment or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was his Almighty power to do . .
Be it enacted by the General Assembly, that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities . .
And though we well know that this assembly elected by the people for the ordinary purposes of legislation only, have no power to restrain the act of succeeding assemblies, constituted with powers equal to our own, and that therefore to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such as would be an infringement of natural right.

— “THE VIRGINIA STATUTE OF RELIGIOUS FREEDOM”, drafted by Thomas Jefferson in 1777 and enacted by the Virginia General Assembly in 1786.

Thomas Jefferson’s greatest known work is the Declaration of Independence, which he penned in 1776. However, his subsequent drafting of the Virginia Statute of Religious Freedom in 1779 arguably rivals his earlier work through its clarity of faithful thought and intellectual acuity. In fact, our third president was thought to have been most proud of the statute.

A precursor to the First Amendment, the Virginia Statute of Religious Freedom is a statement concerning freedom of conscience and the principle of partition between church and state. In it Jefferson begins with a statement of natural right, a decree of his Deism – that is, the belief that God created the world and along with it, man’s capacity to govern himself. Jefferson believed that God, as creator, granted us freedom of choice, including liberty of conscience in religious matters and that any attempt to restrict it is misguided. Building from that foundation, the act itself states that no person can be compelled to attend any church or support it with his taxes, and that all shall be free to worship or not worship as he pleases with no discrimination at law.

We are to do as governors of men, as God does: allow freedom to reign supreme, regardless of whether we have the power to force others to believe as we do. Freedom of thought, freedom of religion, freedom to fail – Freedom!

Whereas Almighty God hath created the mind free; that all attempts to influence it by temporal punishment or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was his Almighty power to do . . .

Thomas Jefferson – “Virginia Statute of Religious Freedom” — 1777

Jefferson could have stopped there, but his genius propelled him to address the dangers that could arise as a result of the people’s proper right to change the law through their elected assemblies. Jefferson realized that the statute is not irrevocable because no law is, or ought to be. Because future assemblies are free to repeal or circumscribe the statute, Jefferson warned, appropriately, that any such circumscribing assembly would do so at their own peril, as to do so would be, “an infringement of natural right.

Today in America, we unfortunately find that Jefferson’s concern is coming to fruition. Americans of all religions suddenly now find themselves well down that slippery slope to no longer being religiously free, and by dint thereof, free at all!

The infringement upon each American’s natural right to be free in his religious practice is not being caused by the outright repeal of the First Amendment, but rather a circumscription of that freedom is rising from a chronic misapplication and material misunderstanding of the amendment’s true edict. As a result, we are witnessing a nationwide deterioration of the morality that served as the guiding principles in the formulation of our Constitution.

Family values, self worth and motivation, even the very lines between right and wrong are blurring, drowned out by the hustle and bustle of an increasingly frantic society too strained to stop and realize what they are losing, a government injudicious as to its purpose, and to a large extent – it all comes at the misguided behest of our nation’s “over-political correctness.”

More so now than ever, we are faced with a new type of religious America. “We the people,” has an entirely different scope than it did when our founding fathers wrote the Constitution. Spurred by the Immigration and Nationality Act of 1965, people from all over the world, not just Europe, have come to our shores, bringing with them their traditions and faiths. The religious creeds of the world – Islam, Hindu, Buddhist, Jain, Sikh, etc., all now call America home and the United States now exists as the most religiously diverse society since the dawn of civilization. The percentage of foreign born Americans has doubled from the 1970’s to over 10.5% of the population, with the Hispanic and Asian populations growing the fastest. It is truly a modern miracle.

It is our system of ordered liberty, commanding protection of the inalienable rights of those immigrants through ten fundamental rights, that has made this miracle possible on Earth. Men, women and children of all faiths live in the same neighborhoods, attend the same schools – but in America, unlike all civilizations before us, we do so in relative peace.

The Bill of Rights begins with the First Amendment, a decree that man shall not be converted by the sword. And it is through an innate, if not subconscious understanding of the Amendment’s true meaning, that Americans eagerly greet morally grounded faiths with open arms.

However, our selfless attempts to embrace these faiths and traditions with open arms have transformed into an over-zealous, and often imprudent passion to always be “politically correct”. It is going too far, and as a result we are quickly losing what it means to be an American.

The idea of religious freedom is central to the very idea of America. Religious freedom has always given rise to religious diversity, and never, in any nation on this planet, has there been such religious diversity as there currently is in the United States. We lead the rest of the world by this example, as a living, breathing testament to the power of ordered liberty. We should see that we are therefore in a unique position to create a truly pluralist society in which this grand diversity is not merely tolerated but embraced as the very source of our strength.

In order to do so – in order to avoid a collapse from within, though, we must understand the deepest meaning of our founding principles, with full acknowledgment that our system of ordered liberty is steeply grounded in faith, particularly Judeo-Christian morality. Instead, an errant, liberal ideology has permeated academia and deceived our judicial system. We are erroneously being taught that the First Amendment’s establishment clause means that the United States must purge all signs of religion from the public square.

Lawsuits to enjoin the local public library from displaying the Ten Commandments bombard the airwaves. In 2002 the 9th United States Circuit Court of Appeals declared the phrase “under God” in the Pledge of Allegiance, to be unconstitutional. An agenda that includes tearing down crosses, prohibiting crèches and menorahs on public property, indeed the absolute removal of God and faith from the public square is sweeping our land.

Many argue that it is a secular socialist machine that’s waging this war on religion because they see any religious worldview as the single greatest threat to their realization of a utopia where government is all powerful. Certainly some may fit that mold, but I believe the problem has a less insidious root.

A very real affront to religion, particularly the practice of Christianity in the public square, is growing out of most people’s desire to be politically correct, and despite the fact that they themselves are often religious. Why the particular assault on Christianity? Because Christianity was here first – it is the “establishment.” Those desirous of being politically correct tend to admonish the majority representing the establishment. Unfortunately, this lends to reverse-political incorrectness, where the majority is discriminated against and, ironically, they fail to speak up for fear of being seen as politically incorrect themselves. This “catch-22” phenomenon is similar to Caucasians, representing the majority and “establishment”, enduring reverse racism as a natural reaction to generations of long overdue political correctness.

All generations, regardless of race, wealth, or religion, inherit the consequences of their parents’ deeds.

We can all relate to this situation: invariably a person at the table says they aren’t religious, and you shouldn’t impose your beliefs on him. Unfortunately, so many of us simply shy away from the subject, knowing there is no way to convince this man that there is a God, much less that our God is the correct one to worship. But what happens when that man’s gripe begins to have the force of law, affirmatively denying us the right to respond? Must we not then stand up?

The problem is that this political correctness gone awry is creating a court enforced wall of separation between the true historical spirit of America and a radically different, secular America without God, traditional values, or an understanding of its own history. In an attempt not to discriminate, or show favoritism toward one religion, we find ourselves removing all faiths from the public sphere. This none or all approach, where no religion is allowed for fear of retribution from others, is catastrophic to the future of America and her system of ordered liberty.

We must take a stand, and do so with an understanding of our history and the importance of maintaining religion in the public sphere!

Therefore, let me begin with a rhetorical quiz:

Question: Why is it difficult to draft regulation that envisions every possible scenario and clearly addresses them in black and white?
A. Because someone always finds or creates a loophole, effectively skirting the law by hiding in creative gray areas; or
B. Because humans are stupid.

The answer, unfortunately is A.

The truth results from the ironic paradox created by man’s natural drive to aspire for a better future. It is our basic instinct to out-maneuver each other and gain the tactical advantage in our struggles for survival. These desires, combined with phenomenal intellect, form the backbone of innovation, indeed American capitalism. A desire to build a better home and future for our family drives us, and the freedom to do so is protected by our Constitution. The result is the most industrious nation on the planet.

Unfortunately, those same animalistic instincts can, and too often are, utilized to subvert the law. Hypothetically, let’s say that in response to the outcries for campaign finance reform, a regulation passes through Congress mandating that no single candidate can receive more than 2% of their campaign spending money from any single donor or corporation. The regulation is even concise as to the definition of “corporation”, setting out subsets to include LLC’s, S-Corps, charitable organizations, subsidiaries, affiliates, etc.

It is only a matter of time before some of those organizations, desirous for whatever reason to circumvent that law, team up with others to form a faction designed to exert more influence than their competitor. They will form the next version of a political action committee if necessary, binding together to further their special interests. At first, they will weasel into gray areas. Eventually, they will break the law outright and have either convinced Congress to rescind or simply not enforce the law. This necessitates more regulation, further restriction of freedom, and so goes the vicious downward cycle.

The point I am making is this:

“We have no government armed with power capable of contending with human passions unbridled by morality and religion . . . Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

–John Adams, 2nd President, Signor of the Declaration of Independence and Bill of Rights.

As a consequence of liberty, man must be responsible to govern himself. An immoral man will not abide by any regulation no matter how brilliantly crafted, for he is motivated by his very nature to circumvent that law’s application. A moral man, however, will stop at the temptation to evade the legislation if it means infringing upon the rights of others or unjustly taking advantage.

Today, we have lost sight of the need for morality in our people as a whole. We’ve all noticed it, and it is frightening. It’s not just that people are too busy or rude to acknowledge you as they pass on the street anymore; it’s that they are isolated and afraid. And in this isolation, immorality finds its breading ground.

Honorable people ask what they can do for their country, not what their country can do for them. Ethical people work hard for what they have, and do not expect or feel entitled to receive welfare. And while it is a just and altruistic goal to provide welfare for those in need, it is an immoral, unmotivated person that will game those programs to take advantage. Multiply this dishonest individual into millions, and they will bankrupt the system. This is what we face today in America, and the dearth in morality is cracking the foundation upon which the pillars of our civilization are built.

The cultural history of Western Civilization enlightens us as to the true meaning of what it is to be an American and what America must remember to stand for as the last best hope for humanity. This historical journey illuminates the legislative intent behind the First Amendment and equips us with the knowledge and power to forge a more perfect union for us all – a safer, cleaner, more affluent and more virtuous America.

The First Amendment to the United States Constitution reads as follows:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

By the black letter of this law, it is facially clear that nothing has been laid down in our Constitution to prohibit the free exercise of speech in regards to religion in the public sector. So then, what does it mean?

The Virginia Statute of Religious Freedom demonstrates our founding fathers’ very clear understanding that government must not have the power over the conscience of the governed to force them to worship God. However, the founding fathers also believed that government and its institutions derive their power to command from God and do so under God in that, through his own free will, he has chosen to allow us the freedom to govern ourselves without his interference.

It is this second tenement as to the role of God in our government that is too often swept under the rug by those that do not consider themselves religious. The exact freedom that protects the non-religious from legal injustices is the same freedom that protects the religious right to proclaim and celebrate faith in public without persecution.

Predominantly, if not entirely Christian, our founding fathers formed their view of God’s role in government, in part, from the Bible. Romans 13:1-6 state as follows:

“Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience. This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing.”

The Bible enlightened our founding fathers to the truth that government and its institutions derive their power to command from God and do so under God. Inspired by their creed’s very cannon, they declared the self-evident truth that all men are created equal, that they are endowed by their Creator with certain unalienable rights, and that among these are life, liberty and the pursuit of happiness. It is by this faith that our dollar bill states “In God we trust.”

Our founding fathers also realized that liberty was the true purpose of man’s government over man, but that maintenance of liberty and justice over a free people requires virtue:

 “It is impossible to rightly govern the world without God and the Bible” –George Washington.
 “So great is my veneration for the Bible that the earlier my children begin to read it the more confident will be my hope that they will prove useful citizens of their country and respectable members of society…” –John Quincy Adams.
 “That book, sir, is the rock on which our republic rests” –Andrew Jackson.
 “We have staked the whole future of American civilization not on the power of government… not in the Constitution… (but) upon the capacity of each and every one of us to govern ourselves according to the Ten Commandments” –James Madison.

Our American way of thinking, though born of faith, evolved out of Western Civilization. Studying the cultures, their politics and struggles, helps us understand the majesty of Judeo-Christian morality and what it must mean for us today.

The original settlers came to America to practice their religious beliefs free from the dogma of the established churches. The Puritans came to create a “city on the hill” to shine as a beacon of religious piety. The Pilgrims and Quakers too came to found new religious communities.

The Europe they fled, and from which they gleaned centuries of unique insight, had a long tradition of religious persecution. The ebb and flow of Western Civilization from the Dark Ages of religious absolutism to the humanism and self-awareness of the Renaissance, for example, steeped our American settlers in a rich and tumultuous history out of which our founding fathers were enlightened. Their forefathers had lived through the Crusades, the Papal Schism, the Protestant Reformation and the ecclesiastical and structural reconfigurations of the Catholic Church in the Counter-Reformation that culminated in the Thirty Years War. They’d endured the combination of higher taxes, unsuccessful wars and conflicts with the Pope that lead to the Barons forcing King John of England to agree to the Magna Carta.

Braving the icy clutches of the Atlantic, our forefathers left Europe with a very clear understanding that the Ten Commandments, moral mandates they so fervently believed in, were paramount and critical not only to self-governance, but to the operation of a just government. Europe’s war torn history also taught them that religious intolerance, blind dogma and conversion by the sword are the greatest enemies of liberty.

The unique condition of Western Civilization, properly studied, enlightened our forefathers as to the greatest dichotomy of all. Religion, faith, morality and virtues are indespensible to the operaiton of government over a free people, while governments must not establish any law to require the practice of or abolishion of any religion- for to do so risks sectarian violence and the very destruciton of liberty.

This mindset is wholy in accord with the Bible. Romans 13:8, which immediately precedes the declaration that governments derive their right to command men through God, states as follows:

“Let no debt remain outstanding, except the continuing debt to love one another, for whoever loves others has fulfilled the law. The commandments, “You shall not commit adultery,” “You shall not murder,” “You shall not steal,” “You shall not covet,” and whatever other command there may be, are summed up in this one command: “Love your neighbor as yourself.” Love does no harm to a neighbor. Therefore love is the fulfillment of the law.”

Being that love is the fulfillment of the law because it does no harm to your neighbor, it follows logically that one man must not take up the sword to convert his fellow man in the name of the Lord and certainly not in the name of the law. Truly, as Thomas Helwys wrote in A Short Declaration of the Mystery of Iniquity: “For men’s religion to God is between God and themselves. The king shall not answer for it. Let them be heretics, Turks, Jews, or whatsoever, it appertains not to the earthly power to punish them in the least measure.”

The principles learned from the Ten Commandments and studied by our forefathers – those virtues are the foundation of Judeo-Christian morality. This religious background, a centering of the Lord’s teaching that one is not to convert by the sword, that one is to respect the law, against the historical backdrop of Western Civilization, from the Middle Ages to our Revolutionary War, educated our founding fathers as to the need for the First Amendment. Learning from history, they did not, and would not have written God from the public sector. To do so would run contrary to the lessons of history from which they gleaned, and run afoul of their true belief that liberty must be ordered and that order hinges upon virtue.

It was a religious revival in the 1730s known as the Great Awakening that stirred our founding fathers to fight for their God given inalienable rights. It was also a spiritual resurgence in the nineteenth century that inspired the abolitionists’ drive to end slavery.

Remember that the marching song of the Union Army during the Civil War, The Battle Hymn of the Republic, included the line “as Christ died to make men holy, let us die to make men free.”

It was also a religious revival that led to a seventy year women’s suffrage struggle culminating in the ratification of the 19th Amendment to our Constitution, prohibiting state and federal agencies from adopting gender-based restrictions on voting. And it was a Baptist minister, Dr. Martin Luther King, Jr. who led the 1955 Montgomery Bus Boycott, founded the Southern Christian Leadership Conference, and delivered his, I Have a Dream, speech that lead to civil rights being extended to African Americans.

The impetus behind these virtuous movements throughout the history of America are all found in an underlying Judeo-Christian morality. It is from the Ten Commandments that our system of ordered liberty pulls most strongly, and to turn our backs on that is tantamount to denouncing who we are as a nation.

Now, I am not saying that one must be Christian or Jewish to be an American. Not at all. And I’m also not arguing that there is no morality aside from religious derivation. Rather, I am pointing out the importance of these faiths as they were of paramount inspiration to the declaration of our independence and the penning of our Constitution. In our history lies the answers as to addressing our present and future obstacles as a free and ordered people – as moral Americans.

It is clear that morality has very strong roots in religion: Islam, Christianity, Judaism, etc. These faiths are centered on virtues; teach morality and compassion, the rule of law, and deference to a benevolent, higher power. But the growing intolerance toward the free expression of religious beliefs in the public square, in order to protect the sensibilities of the non-religious, presents a very clear and present danger to the continuation of our society’s moral compass.

Freedom of religion does not mean freedom from religion. “Political correctness,” has run afoul of this understanding, and it has reached a boiling point where attempts to appease those with different or no religious beliefs are now met with an intolerance at law toward the practice of Christianity and Judaism, the religions that serve as the cornerstone of traditional American liberty. That same intolerance is now turned to Islam in the aftermath of 9/11.

We must understand, and understand clearly, that this nation of ours, our system of ordered liberty, the right of every American to live free to pursue happiness, would not have been possible without the lessons of Western Civilization’s history. Their faith in the Ten Commandments and their enduring through religious crusades and tyranny, resulting in a patent understanding of the Lord’s word, form the Judeo-Christian morality out of which our Constitution was written. The United States of America is a nation able to host all the world’s religions, peacefully, where each is free to practice their creed without interference at law or bloodshed, because of the founding father’s historical, cultural, and religious wisdom – that, my fellow Americans, is God’s Manifest Destiny!

And so, while it is not necessary that you be Christian or Jewish to be an American, to be an American, you and your neighbors must be morally grounded. Therefore, it is requisite for our generation to stand up and fight for the true protections our First Amendment was drafted to afford each and every one of us. We must fight to win back our God given right to practice our religion and pronounce our faith in the public square, pushing back every judicial decision and public outcry to circumscribe that most American and first of our affirmed liberties. Christianity, Judaism, Islam, Buddhism – all morally grounded faiths are rightfully declared in the public square. The future of our nation depends on it!

The above described understanding as to the role of Judeo-Christian morality as it pertains to our American sense of freedom, and the extent to which we as Americans stay true to those ideals, will be critical in determining the outcome of a number of contemporary political issues facing our nation. This is because the key to prevailing in each issue exists in our American virtues. While this could be said of almost any topic, I am in particular talking about abortion and the war on terrorism.

I will discuss abortion and the war on terrorism in the following two chapters.

Merry Christmas!

WHAT I SEE IN AMERICA’S DESPAIR: HOPE!

Across this great land, the faces of the once proud and mighty seem to be weighed down in mounting anxiety.   Our confidence is shot as everything seems to have gone wrong and the outlook appears only a downward spiral.

Unemployment is still over 9% nationwide with 8%+ unemployment expected through 2014.  Commodity inflation is squeezing our pockets as well, with over 1 in 10 Americans on food stamps and 1 in 4 children across the states finds themselves without ample food on a daily basis. In the wake of our nation’s credit downgrade, the stock markets are crashing with fears of a double dip recession, while we the people stop and ask, when did the recession ever end? 

Time Magazine termed the decade from 2000 – 2010 as the “Decade from Hell”, but in 2011, it only seems to be getting worse.  Mother Nature, it seems, is equally disgruntled.  This year alone we have witnessed record breaking blizzards across the east, massive flooding across the Mississippi watershed, record Tornadoes that have taken unimaginable life and caused catastrophic damage, wide-spread drought the likes of which have never been seen, and a heat wave that literally set thousands of record highs across the nation while parts of Texas experienced 57 consecutive days of 100 degrees or higher temperatures.  And least we forget the Tsunami that wiped entire cities from Japan’s coast and plunged them into a nuclear crisis on par with Chernobyl. 

Our nation is facing crisis in every direction; from the war on terror and economic depression, to climate change and educational, institutional and infrastructural decay.  In many ways the shining light on the hill is flickering in the dark, teetering on the brink of a blackening abyss borne of domestic decay and international pressures.  To many, and certainly for me, it’s become palpable.  Something is wrong – worse than normal. 

The sun that once graced the amber waves of grain is graying behind a looming storm of mounting predicament.  There is a measurable sapping of confidence across our land, both in the confidence that our future will be bright and in the confidence our people have in our government as a just institution.  Sleepless nights are replete with the nagging nightmare that America’s decline is inevitable, that the next generation must lower its sights, expect to die younger and endure into a diseased planet.  In the wake of the sub-prime lending scandal, homes have been lost, jobs evaporated, businesses shuttered and families turned upside-down in economic depression.

The reports of massacres the likes of Virginia Tech, Fort Hood and the Tragedy in Tuscon seem to be increasing in regularity and the media continuously bombards us with reports of global warming and looming economic catastrophe.  We find ourselves in the midst of two wars that have collectively endured longer than our nation’s involvement in the Revolutionary, Civil, and both World Wars combined, and with the crisis in Libya added to the shoulders of our over-stretched military.  Globally, we are witness to famine, water shortage, genocides and the spread of tyranny and extremism – none of which seem to have been curtailed by the efforts of those fighting the good fight.

It’s nearly become overwhelming, but in America’s despair, what do I see?  Hope.  I don’t see the inevitable decline into a lesser existence.  I see the strength and wisdom of a society freer than all on this planet – free in a republic to make the changes necessary to tackle the critical issues facing us.  I see hope!

Yet, while there is hope, there must also be action.  And, therein lies our problem.  When the citizens of this nation turn to their political leaders, too often, they find them deaf to their cries or so deeply entrenched in party line, demonizing the other side and virtually factionalizing our nation, rather than uniting it to the common goal of tackling these critical issues.

But, America is too important, and we as a people are too resilient to simply fade into the dark.  What we as a nation stand for: life, liberty and the pursuit of happiness, and as the shining light of the last best hope for the remainder of humanity, must be preserved. 

Our system of government is flawed, but more perfect than any other on this globe.  Therefore it is up to this generation to again pick up liberty’s torch and collectively face the enemies of freedom that lurk in the dark. Let us give the greatest generation a run for its money, for the current status quo, a norm of division, hatred and faction, must be shunned so that we may continue the pursuit of a brighter future for us all.  We must climb back atop that hill and shine the light, embracing our flaws, facing the escalating issues and daunting tasks before us as one nation, under God, with the common goal of tackling them for a more perfect union for our people and for all peoples across this world. 

For it is also a constituent of the American Dream that all who have the privilege of freedom also have the honor and duty to fight for it.

This is precisely why I have written my book – LEADING BY EXAMPLE: RETURNING OUR REPUBLIC TO ITS REVOLUTIONARY ROOTS.  In it, I address the myriad critical issues facing our nation.  More importantly, I have painstakingly researched each subject in order to do much more than most political treatises seem to do these days: I not only diagnose the problem, but take it a step further and propose solutions. 

Therefore, as a gift to my fellow patriots, I am releasing my book for free.  My goal here is not to make millions (though that would be nice), rather, my goal is to help educate and galvanize my fellow Americans to action. 

I will be releasing each chapter, dependent upon size, as three or more blogs, throughout the next several weeks.  My hope is that my readers will spread the word, pass my message along, and spark a lively conversation/debate as to these critical issues and, more importantly, how to resolve them.  I want for people to propose solutions and how they think we should address the issues.  What I don’t want is for people to sit back and simply gripe about the issues facing us, and how the Republicans and Democrats are failing to address them, pointing fingers – Capital Hill does enough of that for us (unfortunately).  Let’s put our heads together America, and dig out of his hole…NOW!

Recognizing, as we do, the importance of dealing with education, illegal immigration, the environment, etc., we can no longer allow our representatives to promise reform and fail to deliver.  We must revolutionize with lightning speed, the likes of which we have not seen since we completely re-tooled industrialized America in a matter of months to churn out the bullets, planes and ships necessary to win World War II. 

With equal, perhaps greater resolve, we must retool and revitalize our industrial complex to modernize and erect a new, efficient energy grid.  Talking about the potential of solar energy, wind power, and how we theoretically can rid ourselves of dependence on foreign fuel will no longer cut it. 

Talk is cheap.  We must take immediate action to revamp public education in order to properly prepare our children for the rigors of a global marketplace.   We must finally take steps to remove corruption in our government and demand fidelity in our representatives, rather than perpetuate it through our continued indifference to incumbent fraudulence.

But, to do so, we must all come together, united to the singular goal of prevailing as a cohesive, patriotic force.  Together, we can accomplish anything, but in a House divided, we will all fail.  We must collectively cast aside our egocentric factions as the critical issues into which I’ve delved are faced by all Americans, regardless of race, creed or party. 

Guided by our shared American ideals, we must shun our growing predisposition to demonize one another; individually and systemically to the summit of Capital Hill.  We must stand up, all of us, and demand that our elected officials reach across party isles, not for bi-partisan reform, but for American reform!   

Returning to our revolutionary roots, relearning and reaffirming our core principals as a nation – this is how we will win the war on terror, revitalize our economy, and advance a more perfect union for ourselves and our progeny.  In this dark hour, it is our privilege as a free people and our absolute duty to lead our families, our neighbors, and the remainder of the world, by shining example.

IT IS TIME FOR SOMEBODY TO STAND UP!  WELL, I AM STANDING RESOLUTE.  JOIN ME!!