[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[House]
[Page 7453]
[From the U.S. Government Publishing Office, www.gpo.gov]




NATIONAL DAY OF PRAYER IS CONSTITUTIONAL WHETHER FEDERAL JUDGES LIKE IT 
                                 OR NOT

  The SPEAKER pro tempore (Ms. Markey of Colorado). Under a previous 
order of the House, the gentleman from Texas (Mr. Poe) is recognized 
for 5 minutes.
  Mr. POE of Texas. Today is the National Day of Prayer. It's the day 
of the year that is proclaimed that we honor how prayer and how 
religion has affected our culture as a Nation. Every day, in this very 
House, we start with a prayer. Down the hallway in the United States 
Senate, every day, the U.S. Senate starts with a prayer. And then we 
have the Pledge of Allegiance. The Supreme Court has ruled that it is 
constitutional for us, the Senate, and all State legislatures, to start 
every day with a prayer. And so it is throughout the country.
  We have the National Day of Prayer today, but it has a long history 
of establishment here in the United States, where we recognize this 
very important day. Many Congresses and Presidents have proclaimed days 
of prayer and fasting throughout our Nation's history. From Washington 
all the way to Madison and all the way through World War II, Presidents 
set aside days of national prayer.
  In 1952, 58 years ago, a bill proclaiming an annual National Day of 
Prayer was unanimously passed by the House and the Senate and signed 
into law by President Truman. It's not often in our history that 
everything passes this House and the Senate by unanimous consent. The 
new law required the President to select a day for national prayer 
every year. In 1988, the day was fixed by Congress as the first 
Thursday in May of each year. That law was signed by President Ronald 
Reagan.
  Nobody is forced to pray on the National Day of Prayer. However, we 
now have a Federal judge who has ruled that the National Day of Prayer 
is unconstitutional, even though this day is set aside to honor God and 
the role that prayer has played throughout our history. Thanksgiving 
was set aside by President George Washington to honor the Almighty and 
to give prayer and thanksgiving for our history and for the work that 
the Lord plays in our very existence.
  Most people are surprised to learn the United States Capitol, this 
building, was the place where church services were held for a number of 
years. In fact, before Congress even started assembling here, we had 
church services before then. But yet a National Day of Prayer has been 
ruled by a Federal judge to be unconstitutional.
  Here's what the First Amendment says, Madam Speaker. It says: 
Congress shall make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof.
  The First Amendment was written by James Madison, the author of the 
U.S. Constitution. In fact, he is the author of the first ten 
amendments. James Madison set in stone, proclaimed, Congress will make 
no law respecting an establishment of religion or prohibiting the free 
exercise thereof.
  Probably, James Madison knew more about the First Amendment than 
anybody else since he was the author; yet, in 1813, President Madison 
proclaimed a National Day of Prayer. It's ironic that the author of the 
First Amendment, who knew more about the First Amendment than anybody 
else, certainly Federal judges who live today, proclaimed the National 
Day of Prayer, and yet today, we have a Federal judge saying it's 
unconstitutional based upon the First Amendment. How ironic. Federal 
judges obviously--this particular Federal judge--forgot about the free 
exercise of religion part. That's why the National Day of Prayer is so 
important.
  The Federal Government sets aside one day a year that honors the 
First Amendment. People may pray. They don't have to pray. But it 
recognizes how important prayer is in our culture. It enshrines in the 
public consciousness the fact that Americans have the right to the free 
exercise of religious beliefs.
  ``In God We Trust,'' Madam Speaker, is above the American flag behind 
you. It is the national motto of the United States: In God We Trust. 
Ours is not a secular Nation. It was founded on religious principles.
  So I asked this Federal judge, What's next? Are you going to try to 
abolish Thanksgiving and Christmas as national holidays?
  Madam Speaker, the National Day of Prayer is not only a good idea, it 
is constitutionally legal, whether secular, antireligious Federal 
judges like it or not.
  And that's just the way it is.

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