Patriotism and the Constitution

Patriots do not weaken the moral fiber of our society. A person cannot claim love for our country while tearing down its institutions. On December 19 the AJC Metro section placed Cobb Countian Jeffrey Selman in the role of patriot and some kind of hero. The following response borrows from several sources, but largely from U.S. Supreme Court Justice Antonin Scalia because of his direct and decisive words.

"I do solemnly swear that I will preserve, protect and defend the Constitution of the United States against all enemies, foreign and domestic." The words are so powerful! It is an oath to devote personal will, resources, strength and life toward protecting Amerca’s way of life. Our Constitution defines the framework and specific guarantees that make America’s social and political order unique in all the world.

Americans know who the foreign enemy is. Identifying domestic enemies depends upon their words and actions. The AJC reported Selman as a self-proclaimed patriot who loves America. But he has legally opposed placing stickers in Cobb County school books because they may signal some religious overtone. He has also enlisted the demonstrably anti-American ACLU in a legal battle to remove Christian prayers and invocations from government meetings. Selman told the AJC “This is not your grandfather’s Georgia,” signaling his disdain for history and heritage. He also said, “Government must be neutral in matters of religion.” The man who claims to love this country is obliviously ignorant of its foundation, history and our way of life. He loves the freedom and liberties of living here, but wants none of the attendant responsibility.

Liberals who cannot find peace and joy within a framework of defined rules typically try to upset the game board. That is the mindset behind calling our Constitution a “Living Document.” Brave and honorable people do not swear allegiance to a changing, shifting set of rules that have no permanence. Justice Antonin Scalia said, “The Constitution is an enduring document but not a "living" one, and its meaning must be protected and not repeatedly altered to suit the whims of society.” Scalia has insisted that only by interpreting the Constitution based on the Framers' precise words and the meaning they intended at the time - can we preserve the Constitution's guiding principles.

The First Amendment itself accords free exercise of religion (and no other manner of belief) special constitutional protection. The framers of our Constitution had plenty to say on the matter: George Washington added "so help me God" to the presidential oath. The Supreme Court under John Marshall opened its sessions with the prayer, "God save the United States and this Honorable Court." The First Congress instituted the practice of beginning its legislative sessions with a prayer. The First Congress requested the President to proclaim "a day of public thanksgiving and prayer, to be observed, by acknowledging, with grateful hearts, the many and signal favours of Almighty God." Similar examples include our national motto on money (“In God We Trust”) and our Pledge of Allegiance (“One nation under God”). To this day our Supreme Court continues to open with the prayer "God save the United States and this Honorable Court." The Thanksgiving Proclamation issued by George Washington at the instance of the First Congress was scrupulously nondenominational—but it was monotheistic.

Any reading of the Constitution and underlying documents written by its framers shows the truth of the matter. The ideals for public education was defined when the First Congress reenacted the Northwest Territory Ordinance of 1787, Article III of which provided: "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."

It is a demonstrably false principle that the government cannot favor religion over irreligion. If religion in the public forum had to be entirely nondenominational, there could be no religion in the public forum at all. One cannot say the word "God," or "the Almighty," one cannot offer public supplication or thanksgiving, without contradicting the beliefs of some people that there are many gods, or that God or the gods pay no attention to human affairs.

With respect to public acknowledgment of religious belief, it is entirely clear from our nation's historical practices that the Establishment Clause permits this disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.

Thank you, Justice Scalia. You, sir, are a real patriot.

Larry Stanley
McDonough, GA
12/20/2005

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