H.R. 2045, the “Ten Commandments Defense Bill,” proclaims these rights:
(a) DISPLAY OF TEN COMMANDMENTS- The power to display the Ten Commandments on or within property owned or administered by the several States or political subdivisions thereof is hereby declared to be among the powers reserved to the States respectively.
(b) EXPRESSION OF RELIGIOUS FAITH- The expression of religious faith by individual persons on or within property owned or administered by the several States or political subdivisions thereof is hereby–
(1) declared to be among the rights secured against laws respecting an establishment of religion or prohibiting the free exercise of religion made or enforced by the United States Government or by any department or executive or judicial officer thereof; and
(2) declared to be among the liberties of which no State shall deprive any person without due process of law made in pursuance of powers reserved to the States respectively.
(c) EXERCISE OF JUDICIAL POWER- The courts constituted, ordained, and established by the Congress shall exercise the judicial power in a manner consistent with the foregoing declarations.
To support these rights, H.R. 2045 lists several findings, among which is:
(4) The rights secured under the first amendment have been interpreted by courts of the United States Government to be included among the provisions of the fourteenth amendment.
The following is an article by Dr. Christina F. Jeffrey, a political scientist who is, among other things, a former historian of the U.S. House of Representatives. She and her husband, Dr. Robert Jeffrey, are Catholics who were strong supporters of Judge Roy Moore in Alabama.
She offers a look at and behind H.R. 2045. With permission:
A Bill Not to Defend the Ten Commandments
by
Christina Fawcett Jeffrey (copyright 2003)
When the sixth district congressman from Georgia, the “late” and lamented Newt Gingrich, wanted to look like he was supporting traditional legislation, he would talk it up, write it up, and then sabotage it legislatively. He’s no longer with us, legislatively, but his tactics live on. Someone drafted H.R. 2045, the so-called “Ten Commandments Defense Bill,” with a deliberate eye to seeing it fail.
Not only could H.R. 2045 fail, but we must hope that it will fail because passage of this incoherent, contradictory, gibberish will do more harm than good. It starts off well enough, but by paragraph 4 of the very first Section, it is off track, using language which would make both Hamilton and Jefferson blush, to wit,
“The rights secured under the first amendment have been interpreted by courts of the United States Government to be included among the provisions of the fourteenth amendment.”
The Bill of Rights was written to protect individual rights against Congressional action, but the Supreme Court has applied them to the State governments as well, through a method called incorporation, based on the due process clause of the 14th Amendment. It has so far been an extra-Constitutional trick used solely by the Courts, but 2045 would take the judicial gimmick and give it the blessing of Congress. Incorporation would be legitimized in legislation.
The proposed Bill goes on to use the Fourteenth Amendment to insist that Congress has the power to force its interpretation of the First Amendment down the throats of the States. Is this what the Honorable gentlemen from North and South Carolina who have signed onto H.R. 2045, want to do? This bill actually represents a major expansion of the power of the U.S. Government to enforce its will on the States.
Surely most of the co-sponsors of H.R. 2045 are just not aware of its contents. They probably never read past the third paragraph.
The problem is not Congress’ failure to properly interpret the Constitution. Instead, the real problem is the Congress’ failure to reign in a Supreme Court which has misinterpreted the Constitution for years.
H.R. 2045 will only serve to take the heat off of the United States Government for grossly interfering with local and state laws and customs–prayer in school and at school events, and the Ten Commandments being posted, among others even more serious, such as who can marry whom.
It will do nothing to accomplish its stated goals, much less solve other problems resulting from an out-of-control judicial branch . The proposed act does not include the Supreme Court among the courts which it says must permit display of the Ten Commandments, as well as expressions of religious faith by individual persons “on or within property owned or administered by the several States or political subdivisions thereof.”
Since H.R. 2045 does not attempt to bind the Supreme Court, the Supreme Court can simply overrule any lower court’s ruling when that ruling is appealed to the highest level. But worse, this Bill, if passed, could be viewed by one and almost all as Congress’ final and complete abdication of its Constitutional Article III power to make “exceptions to and regulations of” the appellate jurisdiction of the Supreme Court.
A serious bill to defend the Ten Commandments would prohibit decisions made pursuant to it from being appealed to the Supreme Court. It would also have a clause stating that judges who rule contrary to the statute will be removed for cause, that is, lack of “good behavior” as a result of their refusal to follow the law.
If H.R. 2045 passes, then before one could even say, “incorporation doctrine,” it would become the “settled law” of the land that Congress lacks all power to restrain the Court. This would mark the death knell of Republican government and our 200 year experiment in representative democracy. Our system of government would become simply a kritarchy, that is, rule by judges.
Many of the people who have signed onto this Bill are lawyers. Thus they have very little excuse for putting their names on this pretend defense of the Ten Commandments. We deserve better. Our guys need to go back to the drawing board and come up with a real bill to defend the Ten Commandments, not just “boob bait for the bubbas”.