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HON. RON PAUL OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
The First Amendment
Protects
Religious Speech
April 2, 2003
Mr. Speaker, I rise to introduce legislation restoring First amendment
protections of religion and religious speech. For fifty years, the
personal
religious freedom of this nation’s citizens has been infringed upon by
courts
that misread and distort the First amendment. The framers of the
Constitution
never in their worst nightmares imagined that the words, “Congress
shall
make no law respecting an establishment of religion or prohibiting the
free
exercise thereof; or abridging the freedom of speech.......” would be
used
to ban children from praying in school, prohibit courthouses from
displaying the
Ten Commandments, or prevent citizens from praying before football
games. The
original meaning of the First amendment was clear on these two points:
The
federal government cannot enact laws establishing one religious
denomination
over another, and the federal government cannot forbid mention of
religion,
including the Ten Commandments and references to God.
2003 Ron Paul 43:1
In case after case, the Supreme Court has used the infamous “separation
of church and state” metaphor to uphold court decisions that allow the
federal government to intrude upon and deprive citizens of their
religious
liberty. This “separation” doctrine is based upon a phrase taken out
of context from a letter written by Thomas Jefferson to the Danbury
Baptists on
January 1, 1802. In the letter, Jefferson simply reassures the Baptists
that the
First amendment would preclude an intrusion by the federal government
into
religious matters between denominations. It is ironic and sad that a
letter
defending the principle that the federal government must stay out of
religious
affairs. Should be used two hundred years later to justify the Supreme
Court
telling a child that he cannot pray in school!
2003 Ron Paul 43:2
The Court completely disregards the original meaning and intent of the First
amendment. It has interpreted the establishment clause to preclude
prayer and
other religious speech in a public place, thereby violating the free
exercise
clause of the very same First amendment. Therefore, it is incumbent
upon
Congress to correct this error, and to perform its duty to support and
defend
the Constitution. My legislation would restore First amendment
protections of
religion and speech by removing all religious freedom-related cases
from federal
district court jurisdiction, as well as from federal claims court
jurisdiction.
The federal government has no constitutional authority to reach its
hands in the
religious affairs of its citizens or of the several states.
2003 Ron Paul 43:3
As James Madison said, “There are more instances of the abridgement of
the freedom of the people by the gradual and silent encroachment of
those in
power, than by violent and sudden usurpation.” I sincerely hope that my
colleagues will fight against the “gradual and silent encroachment” of
the courts upon our nation’s religious liberties by supporting this
bill.
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