Stephen F. Kislock, III – 5/14/08

This page was last updated on May 15, 2008.

Read the Constitution; Stephen F. Kislock, III; Beaver County Times; May 14, 2008.

An editor’s note asserts, “The writer is the resident whose objection led Beaver Falls Council to change its policy on public prayer.”

Most of Mr. Kislock’s 30+ letters over the last four years have been Republican-bashing exercises.

Below is a detailed critique of the letter.

“To all those who want to pray to Christ in their homes, in their cars and in their churches, fine.

“But not at public meetings. The First Amendment is the law of the land. God is not mentioned in the Constitution.”

[RWC] The First Amendment doesn’t say, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof except ‘at public meetings.’”

“Look at the Treaty of Peace and Friendship between the United States and the Bey and Subjects of Tripoli of Barbary from the Fifth Congress. Article 11 reads: ‘As the government of the United States of America is not, in any sense, founded on the Christian religion, etc.’ It was signed Nov. 4, 1796.

“Please read the Constitution and The Bill of Rights.”

[RWC] Here’s what I wrote in a comment posted on the Times website. “Read the First Amendment as Mr. Kislock suggests and you’ll find it says, ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.’ Let’s look at that in more detail.

“The First amendment specifically says ‘CONGRESS …,’ making no mention of state or local governments. The 10th Amendment says, ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ Since the Constitution doesn’t prohibit individual states from sponsoring religions, technically states are free to sponsor religions. I believe state-sponsored religions would be horribly wrong, but the Constitution doesn’t prohibit it. Article 1, Section 3 (Declaration of Rights - Religious Freedom) of the PA Constitution is similar to the First Amendment of the U.S. Constitution.

“Second, a lot of us seem to forget the ‘prohibiting the free exercise thereof’ portion of the First Amendment. Again, though, that applies specifically to Congress.

“In 1801, the Pasha of Tripoli broke the treaty to which Mr. Kislock referred. When renegotiated in 1805, the language Mr. Kislock described was removed.”

Mr. Kislock responded with some verdicts supporting his position. No one is debating courts have ruled against prayer at government-run events. I’m only reporting on what the Constitution actually says, not what someone wants it to say. I don’t engage in creative reading. As a reminder, the courts at various times have ruled racial discrimination is OK, whether in the form of slavery or affirmative action. Does that make racial discrimination OK and in line with what the Constitution actually says?