Clay Whidby says
Prior to Commencement Exercise at Pace, Fl. High School year, 2009, the ACLU filed a lawsuit opposing prayer representing two students claiming school officials was promoting religious beliefs at school events: Federal Circuit Judge Margret Casey Rodgers agreed issuing a court order prohibiting this practice, summarily dismissing any reference to the First Amendment, whereas:
"Congress shall make no law establishing an religion or prohibiting the free exercise thereof".
Shortly after settlement of the Thirteen Colonies many brilliant lawyers,(32) and highly qualified members as Thomas Jefferson, John Adams, James Madison, Thomas Paine; including representatives from 12 of the thirteen Colonies met in Philadelphia, Pa., for drafting and ratifying the United States Constitution completing in 1781, modifying in 1787-88; with George Washington becoming President in 1789.
The First Amendment was constituted of two prohibitive requirements by the “Framers"; (paraphrasing); 1st. Clause: prohibits Congress from establishing "any" religion.
Congress is prohibited,(forbid by Constitutional Provision),from writing any law establishing or sanctioning any religion. This Constitutional Clause is directed to Congress, however, both the Judicial and Executive Branches must adhere and comply with such laws within their jurisdiction. No other translations may be metaphorically drawn or substituted, i.e., "separation of church and state"; the law is deliberate and concise, thereby, eliminating any misconstrued interpretation.
In the Everson vs. Board of Education case,1947), the above metaphoric expression was substituted for the first time by the Supreme Court led by Chief Justice Felix Frankfurter, (co-founder of the ACLU), by-passing the Legislative Body and without Constitutional reference. This phrase or methodology has continued since the above case and in the present political climate is viewed as a rule of Constitutional authority. visualize; The entrance to the Supreme Court displays "Moses" holding The Ten Commandments, including two displays inside the Courthouse; Federal Buildings displays Biblical phrase etched in stone; (re-Judge Roy Moore-Ten Commandments, Montgomery, Al.)
2nd. Clause: "or, prohibiting the free exercise thereof".
Congress shall make no law prohibiting, (forbidding; refusing to permit), the free exercise of religion. This Clause while directed to Congress is required of all Branches of Government. Now, this doesn't require a Constitutional lawyer or one above normal intelligence to disseminate or interpret the English language. The Clause does not identify location or is it conditional
Those of non-religious, (as atheist, or, paganism) beliefs may contend otherwise, nevertheless, it is the Law of the Land. While some of those with non-religious beliefs state they do not wish religion to be taught to their children, it could also be stated those of religious beliefs do not wish non-religious beliefs should be forced on their children by the court system.
Article V1, of the Constitution requires each judge to swear by "oath" to judiciously interpret, uphold, and, protect the Constitution. Freedom of religion must be protected by the Courts; failure to do so would appear to be dereliction of duty.
Since 1777, both the Senate and House, begin their session with prayer; government employees and government buildings..(the same reference as Pace HS commencement or events).
We the people, regardless of color or other differences, as Americans must remember the "PREAMBLE" AND, BE EVER VIGILANT!
The First Amendment as presently defined by the Courts since 1947 has become a political pawn. The First Amendment must be properly interpreted and applied.
It must be reviewed by The Supreme Court literally interpreted as to intent as drafted and ratified by the Constitutional Convention and the Colonies.
