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WALTER WILLIAMS: Too many lost liberties have been forgotten – Washington Examiner

August 24, 2011

Too many lost liberties have been forgotten

By: Walter Williams | Examiner Columnist | 08/23/11 8:05 PM

What laws are we morally obligated to obey? Help with the answer can be found in “Economic Liberty and the Constitution,” a 66-page pamphlet by Jacob G. Hornberger, founder and president of the Future of Freedom Foundation.

Hornberger offers a hypothetical whereby Congress enacts a compulsory church attendance law that requires children to attend church service each Sunday. Parents are penalized if their children fail to comply.

Would there be any moral or constitutional legitimacy to such a congressional mandate? The law would be a clear violation of one’s natural, or God-given, rights to life and liberty.

As to whether it would be constitutional, we have to see whether mandating church attendance is one of those enumerated powers of Congress found in Article 1, Section 8 of our Constitution.

We’d find no such authority. Our anti-federalist Founding Fathers didn’t trust Congress with religious liberty, so they sought to protect it with the First Amendment to explicitly deny Congress the power to mandate religious conduct.

Suppose there’s widespread popular support for a church-going mandate and the U.S. Supreme Court rules it constitutional; do Americans have a moral obligation to obey the law?

You might say, “Williams, while there are gray areas in the Constitution, the U.S. Supreme Court would never brazenly rule against clear constitutional prohibitions!”

That’s nonsense. The first clause of Article 1, Section 10 mandates that “No State shall … pass any … Law impairing the Obligation of Contracts.”

via Too many lost liberties have been forgotten | Walter Williams | Columnists | Washington Examiner.

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