Legal Question in Constitutional Law in Missouri

Amendment covering Freedom of Religion

Assuming the necessary ratification could an amendment be written that would prevent the Courts from issuing orders forcing the removal of religious statues/monuments/documents from public display, preventing the assemblage of people in public places expressly for the purposes of openly expressing our religious beliefs, etc., etc.? Something is very very wrong when a minority of people can hold a nation hostage because they don't share the same beliefs. There ought to be a way to tell these people that they are in the minority, so shut-up and sit down.


Asked on 11/13/03, 3:43 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Amendment covering Freedom of Religion

Attitudes like yours are exactly why it is so important to uphold and enforce the Constitution as it is currently written. The Constitution is specifically designed to limit the power of a majority over minorities because the Framers recognized how such power can harm individuals and society as a whole.

Look at what majority rule accomplished in Germany in the 1930s, when the majority was in favor of the extermination of ethnic and religious minorities. Or look at our own shameful history, when the Constitution permitted slavery and led to the subjugation of millions of innocents because the majority wanted it that way.

While you seem concerned about issues of speech and religion rather than extermination and slavery, you don't seem to recognize the dangers inherent in your position. Should Jews be prevented from practicing their faith if a Christian majority wants it that way? What about the fate of Catholics in states with Protestant majorities, or of Protestants where Catholics hold sway? If you think my concerns are far-fetched I ask you to ponder the current predicament of Muslims -- who actually outnumber Jews in this country -- and imagine where they would be without the protections which our Constitution provides.

Millions of Americans practice Judaism, Islam, Buddhism, Shinto, Confucianism, Hinduism and countless other faiths -- including those of the Native American tribes who were here long before Christianity arrived. How can a country that guarantees freedom of speech and worship and forbids establishment of religion possibly take the position that, as you say, people who are in the minority should just shut up and sit down? And how can it adorn government buildings with displays of Christian faith while claiming to favor no religion over others? What message would religious minorities be getting from such a government?

At any rate, since the majority of Americans favor protecting the rights of religious minorities, your position places you in a minority. I don't mean to suggest that you should just "shut up and sit down", since I respect your right to express your view. But if you really believe that is how people in the minority should behave, then how do you justify what you have posted on this web site? Or do you believe the rule should only apply when you are part of the majority?

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Answered on 11/13/03, 5:21 pm


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