THE CONSTITUTION COMES FIRST
No
Religious Law, Christian, Islamic, Jewish or Otherwise, Stands Above American
Law
Introduction:
One Constitution, One Supreme Law
America is an extraordinary
experiment.
For nearly two and a half centuries,
people representing countless religions, cultures, ethnicities and traditions
have lived together under one constitutional system.
That system does not require us to
believe the same things.
Quite the opposite.
You may be Christian.
You may be Jewish.
You may be Muslim.
You may be Hindu.
You may be Buddhist.
You may be an atheist.
You may belong to another faith
entirely.
The Constitution protects that
freedom.
But when someone enters public
office, another principle becomes equally important.
The Constitution comes first in the
exercise of governmental power.
An elected official does not take an
oath to Christianity.
An elected official does not take an
oath to Islam.
An elected official does not take an
oath to Judaism.
An elected official does not take an
oath to atheism.
Federal and state officials are
constitutionally bound to support the Constitution.
That distinction is enormously
important when discussing Sharia law and Muslim candidates for public office.
A Muslim American has precisely the
same constitutional right to seek public office as a Christian American.
The Constitution settles that
question explicitly.
Article VI prohibits religious tests
for federal public office.
Therefore, saying that someone cannot
serve because he is a "devout Muslim" would contradict the very
Constitution we claim to defend.
But there is another question
Americans absolutely have the right to ask.
Does this candidate accept the
United States Constitution as the controlling civil authority of American
government?
That question should be asked of
everyone.
Suppose a Christian candidate
announced:
"The Bible should replace the
Constitution, and biblical religious law should become mandatory American civil
law."
Americans should challenge that
candidate.
Suppose a Muslim candidate
announced:
"The Quran and Sharia should
supersede the Constitution, and Islamic religious law should become mandatory
American civil law."
Americans should challenge that
candidate.
Suppose an atheist announced:
"Religious Americans should
lose their constitutional freedoms because religion should disappear from
society."
Americans should challenge that
candidate too.
The principle is not anti-Muslim.
It is pro-Constitution.
America doesn't require citizens to
surrender their religion.
America requires government to
operate within constitutional boundaries.
That is the line we should defend.
Sharia
as Personal Faith Versus Government Law
This distinction is particularly
important because "Sharia" is frequently discussed as though it means
only one thing.
For Muslims, Sharia can encompass
religious and ethical principles governing prayer, fasting, charitable giving,
family behavior, diet and personal morality.
Americans are free to organize their
personal religious lives around those principles.
A Jewish American may follow Jewish
religious law.
A Catholic may follow Catholic
doctrine.
A Baptist may follow biblical
teachings.
A Muslim may follow Islamic
teachings.
That is religious liberty.
The constitutional problem would
arise if anyone attempted to transform religious doctrine into a competing
governmental authority that superseded constitutional rights.
That cannot happen merely because
someone believes God commands it.
Religious
Freedom Works Both Ways
Sometimes we forget what religious
liberty actually means.
It does not mean:
"My religion is protected, but
yours isn't."
It means:
Government cannot decide which
religion makes someone sufficiently American.
That protection is tremendously important
for Christians.
Imagine an America in which Congress
could announce that Catholicism was unacceptable for public officials.
Or Mormonism.
Or evangelical Christianity.
Or Judaism.
Once government receives the
authority to decide which religions qualify people for citizenship or political
leadership, religious freedom becomes dependent upon whoever controls
government.
The Founders deliberately prevented
that.
Article VI's prohibition against
religious tests protects believers from government.
But
Candidates Can Be Questioned About Their Beliefs
Religious freedom doesn't mean
voters must ignore a candidate's political philosophy.
Quite the contrary.
If someone's beliefs affect how that
person intends to exercise governmental power, voters have every right to ask
questions.
Do you support the Constitution?
Do you support freedom of speech?
Do you support freedom of religion?
Do you believe Americans should be
free to leave a religion?
Do you support equal protection
under American law?
Do you accept American courts as the
legitimate interpreters of American civil law?
Do you believe religious law should
ever supersede the Constitution?
Do you believe government should
punish Americans for violating religious commandments that aren't violations of
American law?
Those are legitimate questions.
And they should be asked without
regard to the candidate's religion.
There
Cannot Be Two Supreme Laws
America cannot function with
competing supreme governmental authorities.
Article VI establishes the
Constitution, federal laws enacted pursuant to it, and treaties under U.S.
authority as the supreme law of the land.
That means a state cannot simply
declare itself superior to the Constitution.
Neither can a church.
Neither can a mosque.
Neither can a synagogue.
Neither can a religious tribunal.
Americans may voluntarily seek
religious guidance in their private lives, provided ordinary laws and
constitutional rights are respected.
But ultimately American civil
authority remains American civil authority.
There is one constitutional order.
Muslims
Are Not a Monolith
This point is equally important.
There are millions of Muslims with
enormously different political and theological beliefs.
It would be inaccurate to assume
that because someone practices Islam, that person necessarily wants to impose
an Islamic government upon America.
The same reasoning would produce
absurd conclusions about Christians.
Christians disagree about theology,
abortion, marriage, taxation, immigration, foreign policy and virtually every
other political question imaginable.
Muslims likewise hold diverse views.
Evaluate individuals according to
what they actually advocate.
America's
Christian Heritage
There is no reason Americans must
erase Christianity's enormous contribution to American history.
Christian ideas influenced American
culture, morality, abolitionism, charitable institutions, education and
countless individual Americans.
Many important figures in America's
history understood their lives through Christianity.
That heritage deserves recognition.
But appreciating America's Christian
heritage is different from claiming that the Constitution established
Christianity as the country's official religion.
It didn't.
Indeed, Article VI's religious-test
prohibition is one of America's earliest constitutional protections for
religious pluralism.
That protection ultimately
strengthened Christianity as well.
Churches didn't need government
permission to preach.
Americans didn't need government
permission to worship.
Faith could flourish independently
of government control.
The
Same Standard for Everyone
Here is the standard America needs:
Believe whatever your conscience
tells you to believe.
Worship freely.
Pray freely.
Read your sacred texts.
Attend your church, synagogue,
mosque or temple.
Or attend none at all.
But when exercising governmental
authority, obey the Constitution.
A Christian president doesn't get a
different Constitution.
A Jewish senator doesn't get a
different Constitution.
A Muslim governor doesn't get a
different Constitution.
An atheist judge doesn't get a
different Constitution.
Everyone operates under the same
law.
Conclusion:
The Constitution Is the Common Ground
America does not need to become a
Christian theocracy.
America does not need to become an
Islamic republic.
America does not need to become an
atheist state.
America needs to remain America.
Our greatest strength isn't that
every American believes the same thing.
We don't.
Our strength is that people who
disagree profoundly can nevertheless live together under a constitutional
system protecting everyone.
That means protecting Christians.
It means protecting Jews.
It means protecting Muslims.
It means protecting atheists.
And it means protecting Americans
from governmental establishment or imposition of religion.
There is nothing inconsistent about
simultaneously saying:
A Muslim has every right to hold
public office.
And:
Islamic religious law cannot
supersede the United States Constitution.
Both propositions arise from the
same constitutional principle.
Likewise:
A Christian has every right to hold
public office.
But Christianity cannot simply
replace the Constitution as America's civil legal system.
Our loyalty as citizens is not
measured by whether we attend the same house of worship.
It is measured politically by our
commitment to the constitutional order that permits all of us to live together.
So when someone runs for political
office, don't ask:
"Is this person Muslim?"
Ask:
"Will this person uphold the
Constitution?"
Don't ask:
"Does this person pray
differently than I do?"
Ask:
"Will this person defend my
right to pray as I choose?"
Don't ask:
"Does this person's sacred book
look like mine?"
Ask:
"Will this person defend my
freedom to read mine?"
And if any candidate, from any
religion, tells America:
"My religious law stands above
your Constitution, and when I acquire political power I intend to impose that
religious law upon you,"
then voters have discovered something
enormously important about that candidate's political philosophy.
The objection shouldn't be:
You belong to the wrong religion.
The objection should be:
No religious authority gets to
replace the Constitution.
That distinction isn't political
correctness.
It is constitutional consistency.
The prohibition against religious
tests is part of the Constitution we are defending.
The supremacy of the Constitution is
part of that same Constitution.
We cannot defend one by violating
the other.
America's formula is actually
beautifully simple:
Freedom of religion for everyone.
Religious government for no one.
One Constitution governing us all.
That protects the Christian.
It protects the Muslim.
It protects the Jew.
It protects the unbeliever.
Most importantly, it protects the
American experiment itself.
The Constitution comes first.
Bill Conley

