[Congressional Record (Bound Edition), Volume 149 (2003), Part 6]
[Extensions of Remarks]
[Page 8049]
[From the U.S. Government Publishing Office, www.gpo.gov]


 RESTORING FIRST AMENDMENT PROTECTIONS OF RELIGION AND RELIGIOUS SPEECH

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                             HON. RON PAUL

                                of texas

                    in the house of representatives

                         Tuesday, April 1, 2003

  Mr. PAUL. 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.
  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!
  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.
  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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