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Creative Philosophy and Sociology of the Law of Peace:
Legal HipStory for Religious Use Defense under Religious Freedom Restoration Act
by Barry Adams, Montana Family, beaplunker (c. 1996) edited by S. Bradford
I. Chronology ..................................................................p. 5
II. Hipstorical Gleanings ...................................................p. 15
Outline for Cultural Rights Case
IV. The Road to Freedom ...............................................p. 35
V. Rainbow Bridge in the Law .........................................p. 42
Former Chief Justice of the United States, Warren S. Burger wrote of the Constitution as follows:
"The work of 55 men at Philadelphia in 1787 was another step toward ending the concept of the divine right of kings. In place of the absolutism of monarchy, the freedoms flowing from this document created a land of opportunities. Ever since then discouraged and oppressed people from every part of the world have made their way to our shores; there were others too -- educated, affluent, seeking a new life and new freedoms in a new land."
This, to my mind, expresses the meaning of our Constitution. The promise of Freedom has drawn people to this country for generations. This same promise has nurtured our children, guided our choices, and sustained Us through times of oppression. The Constitution of the United States is the Rock on which We stand in Free Exercise of our Cultural and Religious beliefs.
To make things perfectly clear, this Country's founders instituted this common agreement, the U.S. Constitution, placing within the Articles and among the Amendments, certain specified statements as to what constitutes Inalienable Rights, Immunities and Privileges before the Law:
The Preamble of the Constitution, with selected Articles and Amendments, reads as follows:
Constitution of the United States
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
- Article. I.
- "Section. 8. ...To make Rules for the Government and Regulation of the land and naval Forces;...
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
- Article. III.
- "Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish...
"Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;.... -to Controversies between two or more States; [between a State and Citizens of another State;-] between Citizens of different States.... "
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make..."
- Article. IV.
- "Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. ...and...
"Section. 3. ...The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory nor other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."
- Article. VI.
- "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
- Amendment I.
- "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
- Amendment II.
- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
- Amendment V.
- "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation."
- Amendment IX.
- "The enumeration in the Constitution of certain rights shall not construed to deny or disparage others retained by the people."
- Amendment X.
- "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."
- Amendment XIV.
- "Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
- Amendment XV.
- "Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
- Amendment XXVI.
- "Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
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