Wednesday , January 27 2021
Home / Video / Judge Andrew P. Napolitano: Why religion is first freedom protected by the First Amendment

Judge Andrew P. Napolitano: Why religion is first freedom protected by the First Amendment

Summary:
CloseVideo-- Supreme Court of the United States, November 25, 2020When teaching law students about the Bill of Rights, professors often ask on the first day of class which is the first freedom protected by the First Amendment. The students invariably answer, “freedom of speech.” It is not. If the framers were trying to tell us which freedom is the first among equals, they did so by listing the religion clauses ahead of the freedom of speech. The religion clauses prohibit the government from respecting the establishment of religion and from interfering with its free exercise. This is not an academic issue. Recent events have demonstrated that the free exercise of religion is as threatened today as it was in 1791 when the First Amendment was ratified. Numerous state governors have targeted

Topics:
Andrew P. Napolitano considers the following as important:

This could be interesting, too:

David Henderson writes The Beatings Will Continue Until Morale Improves

Ludwig Von Mises writes Understanding the Roots and Causes of Inflation

Scott Sumner writes Markets are good at allocating resources

Georg Grassmueck writes How the Covid Crisis Exposed the Absurdity of “Certificates of Need”

closeVideo-- Supreme Court of the United States, November 25, 2020When teaching law students about the Bill of Rights, professors often ask on the first day of class which is the first freedom protected by the First Amendment. The students invariably answer, “freedom of speech.” It is not. If the framers were trying to tell us which freedom is the first among equals, they did so by listing the religion clauses ahead of the freedom of speech. The religion clauses prohibit the government from respecting the establishment of religion and from interfering with its free exercise. This is not an academic issue. Recent events have demonstrated that the free exercise of religion is as threatened today as it was in 1791 when the First Amendment was ratified. Numerous state governors have targeted the free exercise of religion in their multifaceted assaults on personal liberty in the name of public safety. Last week, the Supreme Court put a stop to one of them.  Here is the backstory. Andrew M. Cuomo is the governor of New York. He has been foremost among his gubernatorial colleagues in his ubiquitous television explanations of his various executive orders restricting personal liberty during the COVID–19 pandemic. He even won an Emmy for his hundreds of television appearances during which he educated the viewing public on his understanding of the science behind the pandemic. He attempted to educate the public, as well, on his understanding of the Constitution. That understanding is wanting. Cuomo established a color-coded system to indicate the severity of the COVID-19 infection rate by ZIP code. Red is the most severe and calls for limiting worship to 10 people per indoor venue. Orange is the next level, and it limits worshippers to 25. Since the governor did not deem the right to worship as “essential,” even though he deemed campgrounds and bicycle, food and liquor shops to be essential, he imposed his 10- or 25-person limit on all houses of worship, irrespective of the size of the venue. He imposed no numerical limitations on essential venues.More from OpinionSen. Ted Cruz: AG Barr right, Democrats wrong on executions – here's why lawful sentences must proceedHans von Spakovsky: Barr naming special counsel to investigate origins of Russia probe lets inquiry continueJohn Yoo: AG Barr support for special counsel backed by surprise Democratic author of 1987 law review article Thus, a small mom and pop liquor store could be packed to the gills with customers, but a 400-seat synagogue or a 1,200-seat cathedral would still be limited to 10 or 25 people. This was such an interference with the free exercise of religion that the Roman Catholic Diocese of Brooklyn, New York, and three Jewish congregations in New York City collectively sued the governor in federal court in Brooklyn. They lost. Last week, the Supreme Court interceded in a splendid 5 to 4 decision that defended religious liberty in the face of government efforts to sweep it aside.  The court recogni Judge Andrew P. Napolitano: Why religion is first freedom protected by the First Amendment
Andrew P. Napolitano
Andrew Peter Napolitano (born June 6, 1950) is the Senior Judicial Analyst for Fox News Channel, commenting on legal news and trials, and is a syndicated columnist whose work appears in numerous publications, such as Fox News, The Washington Times, and Reason. Having served as a New Jersey Superior Court Judge, he now teaches constitutional law as a Distinguished Professor at Brooklyn Law School. Napolitano has written nine books on constitutional, legal, and political subjects.

Leave a Reply

Your email address will not be published. Required fields are marked *