Inherent Theocracy? A Newly Revitalized Constitutional Trojan Horse
18th January, 2012
by David Trillo, guest writer
Newt Gingrich’s flamboyant suggestions that the Executive Branch should merely ignore Supreme Court rulings at will and legally threaten judges who dare to uphold Constitutional freedom7 might be the hottest news in recent weeks. The under-reported truth, however, is that ideas like his are far from unique within the far right today.
Like shady insurance companies looking for every diabolical way to deny claims on what appear to be good indemnity policies, power-hungry politicians and special interest groups have been hatching ingenious schemes to evade or strip away the Constitution’s protection of individual rights almost since the day it was ratified.
Let’s take an extended look at this multi-partite war against the Constitution.
One early tactic that some within today’s far right have resuscitated is the claim that state governments don’t have to honor the Bill of Rights1. Another tactic, championed by presidential candidate Michele Bachmann, is to take away the court’s jurisdiction2 over their pet agenda issues. The Conservative Caucus would combine both tactics4.
A far more dangerous tactic that is rising in popularity is to claim that the federal and Supreme Courts should not have the power to overturn unconstitutional laws at all3. For politicians who claim to care so much about the Constitution, many of them are intent on rendering it mostly or completely toothless and powerless.
The ultimate objective, for most, is the imposition of some degree of theocracy or religion-run government similar to Iran – something that the Constitution expressly forbids.
But there’s another tactic, one which shoplifts the belief in natural law held by many of our nation’s founders, and deviously transforms the concept of natural, inherent, unenumerated rights into an implied or inherent recognition of theocracy.
The founders who played the most influential roles in designing the Constitution did believe in natural, unalienable rights. Admittedly, those rights were honored very imperfectly at that time, such as those of slaves and women, but lofty abstract ideals that are put to paper ahead of their time have a way of not being well put into practice. Concerned nonetheless that the government might someday interpret an itemized Bill of Rights to be a license to step on rights that weren’t explicitly listed, however, they included the Ninth Amendment – the founders’ way of reminding us that, where rights are concerned, what you see are not all the rights we get. Natural rights are covered, too.
To get to the point, I must undertake a thumbnail review of Constitutional concepts and a small but vitally necessary side trip.
The Constitution depends upon implied and inherent powers. Inherent powers are powers that the federal government must have in order to carry out the functions delegated to it by the Constitution. Their existence are unstated but are assumed to be obvious – why would the founders delegate a function to the federal government without granting it the powers to perform that function?
The right to privacy, so violently reviled by many on the far right, is an example of an obvious, natural right that happens to be an inherent Constitutional right. Think for a moment – if no right to privacy existed, why would the Fourth Amendment be necessary? Why all the concern about search warrants and probable cause?
If the founders didn’t believe in a natural and inherent right to privacy, we would have needed no Fourth Amendment to clearly spell out the narrow and specific situations in which government could breach our personal spaces. The government could just say “hey, we can come in your home any time that we want, for any reason, because you have no right to privacy.” Without a right to privacy, the Fourth Amendment makes no sense.
So, how do we get from what looks like a broad interpretation of Ninth Amendment rights to a theocracy?
The trick is hidden in the concept of “natural law.”
Natural law sounds like a secular concept, something that can be discovered by observation and tested by experience and effects. Natural law, as the term implies, is inherent in nature, and therefore would seem to be amenable to scientific investigation and rational inquiry.
But to some, especially in the Religious Right, “natural law” is more of a theological term than a scientific term. The Christian God, it is asserted, created nature and all within it, and He created the laws that govern nature. It follows that any implementation of “natural law” is in fact an implementation of “God’s Law” – as defined by their theological doctrines.
At the Thanksgiving Family Forum, a recent Republican presidential candidate forum held at a Des Moines, Iowa church, this concept appeared in the assertions made by most of the candidates: “we are endowed by our Creator with certain unalienable rights.”5
They went on to tie the identity of this Creator to the “Judeo-Christian” faith, with candidate Rick Santorum asserting that “the law is a teacher” and “the laws of this country should comport with that moral vision.” He furthermore implied that imposing religious law was a proper role for the federal government. Michele Bachmann said that “government is on [God’s] shoulders,” adding that “He created every aspect of life, and He has something to say about every aspect of life.”
Candidate Ron Paul was the only candidate present who explicitly warned that it wasn’t the job of government to impose religious values or engineer the culture. (Unfortunately, Ron Paul later endorsed one of the other dangerous subversions of the Constitution as a remedy for Roe v. Wade – removing the jurisdiction of the federal courts to overturn unconstitutional laws. In other words, “let’s break the system so that we don’t have to abide by the Constitution if we don’t want to.”)
Candidates Mitt Romney and Jon Huntsman did not attend.
This idea of “inherent theocracy” is insidious because those who espouse this view are more likely to appear serious about other Constitutional protections, vigorously opposing attempts by the federal government to track, monitor, and spy on American citizens as a whole. They can be quite serious about the Fourth Amendment, and many oppose the Patriot Act.
By outward appearances, they take most Constitutional rights quite seriously. But in this view, all Constitutional rights, no matter how vigorously proclaimed, must surrender to the higher theocratic law.
For example, Religious Right group Alliance Defense Fund excerpts Sir William Blackstone, and summarizes thusly: “[T]he basis upon which English Common Law sits is a higher law, the law written by God and found in His scriptures. Because of this, man has no authority to write a law that contradicts God’s law.”6
It’s comforting to know that the Creator gave us certain unalienable rights. It’s less comforting to know, however, that this insistence isn’t really about protecting our unalienable rights. It’s more focused upon identifying which rights “our Creator” says we must never be allowed to have, i.e., any rights that go against the theological doctrines of the inherent, unstated official national religion.
A clear example of this concept comes from a web article at Reclaiming America for Christ (formerly Reclaiming Oklahoma for Christ): “First, there can be no law contrary to God’s law (the Laws of Nature and Nature’s God).”8 It then proceeds right into a glaring contradiction: “Second, no law can be contrary to the Constitution.” The contradiction goes away, in their minds, because they regard theocratic law to be higher than the Constitution.
The modern far right has conceived a highly diversified battery of tactics aimed at seeing to it that the Constitution’s protections of rights and liberties are somehow not applicable when claimed by people or groups that live outside the religious doctrines of certain political leaders and organizations. Expect several of these tactics to be used together, if that’s what it takes to elevate government power over Constitutionally guaranteed human rights.
In all fairness, the Inherent Theocracy isn’t the most dangerous of the popular anti-Constitutional tactics. Rejected Supreme Court nominee Robert Bork’s one-time idea, that Congress should be able to overturn Supreme Court rulings by simple majority vote, is vastly more dangerous.
But we can certainly trust that the Inherent Theocracy theory would see to it that the rights of minorities and religious “non-conformists” would enjoy no protection by the Constitution when these rights run contrary to religious law. And, as history shows, the definition of “religious non-conformist” would quickly expand to include everyone – including other Christians – whose theological stances differ from those in power.
References:
- Kevin Gutzman, “Bong Hits Case Denies Constitutional Law,” Human Events, 07/11/2007, http://www.humanevents.com/article.php?id=21474
- Jennifer Jacobs, “Quotes: Michele Bachmann in her own words on marriage, judges, a stolen election,” Des Moines Register, 4/11/2011, http://blogs.desmoinesregister.com/dmr/index.php/2011/04/11/quotes-michele-bachmann-in-her-own-words-on-marriage-judges-abortion/
- Tom Delay, Washington Times interview, 4/13/2005, http://www.washingtontimes.com/news/2005/apr/13/20050413-111439-5048r/?page=7
- Candidate Questionnaire Item 20, Conservative Caucus, http://www.conservativeusa.org/candqest2008.htm
- Thanksgiving Family Forum, 11/19/2011, Des Moines, Iowa.
- “About Sir William Blackstone,” Alliance Defense Fund, 12/1/2011, http://www.alliancedefensefund.org/Home/ADFContent?cid=3149
- Shannon McCaffrey, “Gingrich assails judges as he courts conservatives”, Associated Press, 12/19/2011, http://www.chicagotribune.com/news/chi-ap-us-gingrich-judges,0,415215.story
- “Yes, I am an Ideologue if you mean Biblical Values and Constitutional Liberty”, Reclaiming America for Christ web site, 12/24/2011, http://reclaimamericaforchrist.org/yes-i-am-an-ideologue-if-you-mean-biblical-values-and-constitutional-liberty-2/
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2011: The Year in Review
19th December, 2011
Thanks to Citizens Project’s inspired leadership, our volunteers, interns, collaborators, supporters and activists, 2011 was an incredible year! Below are just a few of the things we were able to accomplish with your help:
Awards
Citizens Project received several honors over the last year including: the Gay & Lesbian Fund Advancing Equality Award, “Ally of the Year” from the Colorado Springs Pride Center, and the “Steady and Strong for Diversity and Inclusion” award from the Colorado Springs Diversity Forum.
Events
Citizens Project events are more than fundraisers or friend-raisers; they’re community in action, bringing together people from across the region and across political and religious lines who share a few key values: equality, separation of church and state, diversity and civic engagement.
– More than 100 community members came out in sub-zero temperatures to honor local activist Mary Ellen McNally at Citizens Project’s 7th annual Divine Award Celebration.
- Four hundred attendees at our annual Creating Community Breakfast joined together to raise $60,000 to increase Citizens Project’s impact in the community.
- Dozens of volunteers attended our twice-annual volunteer open house and staffed the Citizens Project booth at community events such as Everybody Welcome!, Juneteenth, Cinco de Mayo, and Pride Fest.
Collaboration
CP, in close collaboration with the Women’s Resource Agency, Inside/Out Youth Services and many more, worked to re-invigorate the Pikes Peak Equality Coalition, a group of local nonprofits dedicated to opportunity and access for all community members. Through our collective efforts, we made more than 3,000 contacts with voters in the general election cycle, reminding them to cast their ballots. In addition, CP was represented on the Public Affairs and Government Relations Committee of the Colorado Springs Diversity Forum, the Colorado Civic Engagement Roundtable, and the Safe Schools Coalition. Citizens Project staff members Kristy Milligan and RoMa Johnson also presented at events and classes statewide, including: Center for Nonprofit Excellence, UCCS, El Pomar, NAACP, and the Denver Mayor’s LGBT Commission. Citizens Project also donated 18 cubic feet of physical archive files to the Pikes Peak Library District’s Special Collections. The archives will be available to the the public and will be preserved for future generations.
Voter Education
2011 was an exciting year in local elections: from the April municipal election and subsequent mayoral runoff election, to the November general election, there were many candidates vying for the votes of Pikes Peak residents. And Citizens Project continued our 19-year tradition of providing nonpartisan election education information for all local elections through well-attended Mayoral and City Council forums, and a School Board Candidate and ballot measure forum. In addition, we published two comprehensive candidate survey Voter Guides, one for the municipal election and one for the general election, which were distributed to more than 100,000 people in the Pikes Peak region through our website, a mailing to our supporters, and inclusion in the Colorado Springs Independent.
Promoting Dialogue & Awareness
Citizens Project distributed our electronic monthly Freedom Watch Online to more than 2,000 subscribers, providing them with in-depth analyses of local and national issues, opportunities to get involved, and more. Through our electronic Action Network, we sent 1,500 activists up-to-the-minute updates about pending legislation and electoral initiatives with information about how to make a positive impact on public policy.
Again this year, Citizens Project deployed an awareness campaign to stimulate conversation and tackle some of the most difficult issues facing our community. The campaign appeared in print, online, and on billboards, and it continues to create robust discussion on our blog.
CP also worked with a coalition of twenty five diverse faith and civic groups to present a special film screening to commemorate 9/11.
Creating Inclusive Learning Communities
Our second annual Citizens’ Religious Freedom Institute, a one-day seminar for teachers, administrators, students and community members on how the courts have interpreted church/state separation in public schools and how to promote religious freedom in the classroom, was well-attended and highly rated by participants. Many attendees received graduate credit or contact hours, and, as one participant said, it was a “very enjoyable, informative day.”
Again in 2011, Citizens Project mailed the Anti-Defamation League’s December Dilemma publication to 200 local schools, which contains information about inclusive holiday practices. This year we also worked with Inside/Out and the Safe @School Coalition to provide a primer on recently-passed HB1254, which expands protection from bullying to LGBT students. Additionally, we followed up with several high schools that held their graduation ceremonies at churches to help ensure future commencement celebrations that honor the unique faith traditions of all students, and comply with legal precedent regarding separation of church and state.
All of this was work to advance religious freedom, diversity, equality and civic engagement in the Pikes Peak region was possible because of the hundreds of active supporters, just like you, who gave time, money, energy and vision to help Citizens Project put our mission into motion. Thank you – and we’ll see you in 2012!
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Citizens Project stands with NAACP to defend the right to vote
17th December, 2011
We thank the NAACP and our statewide and national partners who are defending the right to vote for underserved and disenfranchised communities.
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Colorado 2011 Election Recap
2nd November, 2011
More than 116,775 voters in El Paso County, Colorado turned out in the 2011 coordinated election on November 1, 2011, and the votes are in! Below, you’ll find the results for some of the top races in the region.
Colorado Springs School District 11 School Board:
Bob Null
Janet Tanner
Elaine Naleski
Nora Brown
Academy School District 20 School Board:
Glenn Strebe
Tracey Johnson
Falcon School District 49:
Charles Iron
Marie LaVere-Wright
Joan Johnson *2-year term
Proposition 103: This measure, which would have raised taxes to fund public education, failed by 63.9% statewide.
Measure 2B – Memorial Health System: This measure, which revokes Colorado Springs City Council’s ability to levy a tax in the event of a deficit at Memorial Health System, passed with 60.52% of the vote.
Check other election results at the El Paso County Clerk & Recorder’s website.
No matter how your issues and candidates fared, thank you for taking the time to get educated and make your voice heard at the ballot box, and thank you for supporting Citizens Project’s Election Education Forum, our Voter Guide, and our GOTV work. We’ll see you before the next election!
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Freedom Watch Voter Guide Available NOW!
20th October, 2011
Your vote is your voice.
Voting is more than a right; it’s a responsibility. When you make educated choices at the ballot box, you’re investing in your community and holding your leaders accountable.
That’s why, for the last 19 years, Citizens Project has produced nonpartisan publications and events for all local elections: to arm you with the information you need to make educated decisions that shape your community.
Thanks to the Pikes Peak Equality Coalition, collaborators, volunteers, donors, and readers like you, Citizens Project is proud to present our 2011 Freedom Watch Voter Guide for school board elections and city and state ballot measures. We hope you’ll use it to inform your decisions in the 2011 general election.
And if you’re still not sure, or if you haven’t received your ballot, check out our election page for all the information you need to make your voice heard.
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Candidates and Issue Advocates Share Positions at October 20 Election Forum
19th October, 2011
Nearly 100 community members came out on October 18 to Stargazers Theater to hear from school board hopefuls and issue advocates for the November general election.
The event, which was presented by Citizens Project, the Colorado Springs Independent, the Pikes Peak Equality Coalition, and Inside/Out Youth Services, was moderated by Joe Cole from Fox21 and featured media panelists Andrea Chalfin of KRCC and Ralph Routon of the Independent. Attendees heard from city-wide school board candidates, and Colorado Springs School District 11 Board hopefuls were out in full force. The audience also asked questions of Bob Lally, who presented on the Memorial Health System question, and Victor Mitchell and Mark Neuman-Lee, who discussed statewide ballot measure Proposition 103.
The forum format included traditional Q&A from media and audience members, and also encouraged candidates and advocates to think outside the box by handing them props and asking them to explain how they related to their campaign.
Citizens Project offers special thanks to the volunteers who made the event possible: Mel, Victoria, Kelly, Mark and Rob.
We thank our co-sponsors: 9to5, National Association of Working Women, ACLU, Artemis Women, Center for Nonprofit Excellence, Freethinkers of Colorado Springs, League of Women Voters – Pikes Peak Region, NAACP Colorado Springs Branch, One Colorado, and Women’s Resource Agency
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Election Roundup
7th April, 2011
Congratulations, Colorado Springs, on standing up and making your voice heard in the April 5 Municipal Election: more than 91,000 individuals cast their vote before or on election day for an impressive 62.5% turnout. Whether your favorite candidate won or lost, turnout of this magnitude is a definite victory for Colorado Springs!
Despite an overnight vote-counting hiatus, unofficial results are now available at the City Clerk’s website, and we have the skinny right here.
Citizens Project congratulates all the candidates on successful campaigns! Your newly elected City Council members include (in descending order of votes, then by district):
Jan Martin
Merv Bennett
Val Snider
Brandy Williams
Tim Leigh
Angela Dougan – District 2
Lisa Czelatdko – District 3
Ballot issues 1A and 1B also passed, creating new districts in 2013 and allowing the strong mayor to attend Council meetings.
However, one seat is still up for grabs. Who will be Colorado Springs’ first Strong Mayor in over 80 years? Regulations require a runoff election between the top two candidates in the event neither candidate secures more than 50% of the vote. That means that Colorado Springs will get to choose between candidates Steve Bach and Richard Skorman in another all-mail election on May 17, 2011.
So what’s next? Citizens Project is working on a supplemental voter guide for the runoff election, and we will hold an election forum for the two candidates on April 26, 2011. Details are below.
Decision 2011: Strong Mayor Debate
Presented by Citizens Project, the Colorado Springs Independent, and KRDO
Tuesday, April 26
6:30-8:00pm
Stargazers Theatre, 10 Parkside Dr, 80910
Free and open to the public, simulcast on krdo.com
Didn’t vote in the municipal election? You can still vote in the runoff! Don’t miss this opportunity to make your voice heard!
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Do you know who you’re voting for?
29th March, 2011
Citizens Project supports youth efforts to engage voters! Fransiska, a Colorado College student, developed the following application to match voters up with Colorado Springs Mayoral candidates. Check it out and let us know what you think!
Colorado Springs Municipal Election ballots must be postmarked by THIS FRIDAY, April 1, or delivered in person by Tuesday, April 5.
Do you know who you are voting for??
Use this survey to help narrow down the 7 Mayoral Candidates!!
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Citizens Project Election Forum Recap
24th March, 2011
Citizens Project, along with the Colorado Springs Independent and KRDO, hosted two election forums this week for Colorado Springs Mayoral and City Council candidates. More than 250 community members attended these free events to meet and learn about the candidates before casting their ballots. If you missed the forums, it’s not too late to get the scoop!
- Check out KRCC’s Voting Guide, including audio of the debates
- Read John Hazlehurst’s recap of the Mayoral debate
- Watch a video about ”Reform Team’s” boycott of the City Council debate
- Check out Citizens Project’s Voter Guide
Citizens Project thanks our community sponsors and media panel: 9to5, National Association of Working Women – Colorado Chapter; Artemis Women; Colorado Springs Branch NAACP; Colorado Springs Independent; KRCC; League of Women Voters – Pikes Peak Region; Pikes Peak Equality Coalition; Planned Parenthood of the Rocky Mountains; the Pride Center; The Gazette; and the Women’s Resource Agency
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Can I Vote?
2nd March, 2011
We know you want to vote in the upcoming municipal election! If you’re confused about whether or not you’re eligible to vote, and what to do to make your voice heard at the ballot box, look no further: we have the latest information about how to make sure your vote counts on April 5!
From the City Clerk’s website:
Ballots for the April 5, 2011 Municipal Election will be mailed out from March 11 to 21, 2011 to all eligible, active voters within Colorado Springs City Limits. Eligible, active voters are those who voted in the November 2010 General Election or updated their registration after that date. Confirmation cards were sent to inactive voters in January 2011 by El Paso County.
Inactive voters can still vote! If you did not vote in the November 2010 Election, but you do not have any changes to your registration (such as name or address), you can pick up a ballot at the City Clerk’s Office starting March 17, 2011. The City Clerk’s Office is located at 30 S. Nevada Ave., Suite 101, and is open, Monday through Friday from 8 a.m. to 5 p.m. (7 a.m. to 7 p.m. on Election Day – April 5, 2011).
If you need to update your registration (such as name or address), you can do so online at http://car.elpasoco.com/election by March 7, which will put your name on the list to receive a ballot by mail. You can also check your status on that web site. After March 7, registered voters can update their status in person at an El Paso County Election office and then can pick up a ballot at the City Clerk’s office starting March 17 through Election Day (April 5) by bringing proof of registration.
If you need to register as a new voter, you must do so by March 7, 2011, in person at an El Paso County election office or on the County’s web site at http://car.elpasoco.com/election. New voters registered by March 7, 2011 will receive a ballot in the mail.
If you are an eligible, active voter and do not receive a ballot in the mail by March 25, 2011, you may pick up a ballot at the City Clerk’s Office, 30 S. Nevada Ave, Suite 101, Monday through Friday, from 8 a.m. to 5 p.m. (7 a.m. to 7 p.m. on Election Day which is April 5, 2011).
All ballots must be returned (not just postmarked) by 7 p.m. on April 5, 2011 to be counted. Don’t forget to sign your ballot. Ballots can be returned by mail or dropped off at one of the drop-off locations listed at http://springsgov.com/election.
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