The topic of discussion for this Constitution Monday is religious liberty and its importance to all people. Religious freedom says that all people have the right to worship who and/or what they choose.
In
their article published at The Daily Signal, Jason Chahyadl and Jordan Lorence claim that “Defending religious liberty for all is a timely political
issue that can help restore and repair the severed tapestry of American
political life.” Their reason is that “A comprehensive defense of religious
liberty fosters civic virtues such as charity, restraint, and a willingness to
accommodate differing viewpoints.” They also claim that these civic virtues are
the foundation on which the “survival of our constitutional order depends.”
The
authors are not the only ones with the above belief. They note that Yuval
Levin, in his book “American Covenant,” “discusses how the polity of republicanism
requires a type of citizen for its sustainment.” So what is that type of
person? The type of “citizen needed to preserve a republican system of
government” has “traits like selflessness, restraint, and accommodation.”
Abraham
Lincoln shared a similar thought in his second inaugural address: “With malice
toward none. With charity for all.”
James
Madison wrote in Federalist 51 a statement that is now famous, and the authors
paraphrase the statement: “The reason why we need checks on governmental power
is because men are not angels, neither are they naturally inclined to pursue such
a status.”
Citizens
that succumb to selfishness and the desire to dominate political opponents will
find it near impossible to properly function in a system of ordered
representation and the checks, balances, and compromises necessary for diverse
peoples to live together.
The
Founders also recognized both the necessity and rarity of civic virtues….
At
the same time, the Founders acknowledged that the law is a teacher and can
shape the character of its constituents. That recognition motivated the
Founders to draft a constitution that could channel human fallibility toward a
system of government that promotes liberty and justice for all through the
structure of federalism, separation of powers, and protection of individual
rights.
Among
other virtue-encouraging constitutional provisions, few, if any, are more
prominent than the First Amendment’s free exercise clause. Protecting our first
freedom of religious liberty, the free exercise clause is also a pedagogical
instrument for promoting the anthropology of republicanism. For religious
citizens, it clarifies that firmly held beliefs and civic accommodation are not
mutually exclusive, thus promoting both forbearance and religious formation.
One can believe that the death and resurrection of Jesus Christ provide the
only way for forgiveness of sins against God and restoration to fellowship with
the Father, while still permitting those who disagree, such as Jews, Muslims,
and others, to freely worship in their own ways, or to believe nothing at all.
Our
constitutional system allows Americans of different religious backgrounds to
accommodate each other while, at the same time, strengthening their own
religious beliefs, convictions, and practices….
The
free exercise clause provides wide latitude for Americans to hold and exercise
religious beliefs. Subsequent statutes like the Religious Freedom Restoration
Act and the Religious Land Use and Institutionalized Persons Act reinforce this
constitutional provision….
Moreover,
the free exercise clause and its statutory descendants invaluably protect an
individual’s right of conscience and decisions to live out general religious
convictions that emanate from the conscience….
The
protection of religious liberty necessarily extends to the protection of the
individual conscience, or “inner voice,” and beliefs about ultimate questions.
The basis for protecting the conscience is the biblical concept that all people
are created in the Imago Dei and are thus entitled to liberty in
exercising their reason when considering life’s biggest questions.
This
is why the Constitution’s protection of religious freedom also affects
areligious Americans. Even though they do not subscribe to any religion,
areligious people also make decisions based on their conscience and contemplate
deep questions about reality and human purpose. Were it not for the free
exercise clause, the government would be able to mandate a specific religious
viewpoint, and by extension, interfere in the inner conscience and place the
intellectual freedom of all Americans at risk.
When
the government tries to dictate to citizens what to think, that threatens the
whole constellation of constitutional liberties. If the government was allowed
to control citizens’ thoughts, there is no defense against a snowballing
infringement of external constitutional rights, like the right to bear arms,
receive a trial by jury, or by protected from cruel and unusual punishment.
That is why the First Amendment is first among equals….
It
is with gratitude that we reflect on the Founders’ decision to amplify this
message by way of enshrining religious liberty with the First Amendment’s free
exercise clause.