Bryan Fischer
Judges trample the Constitution in their war on Christ
By Bryan Fischer
December 3, 2012

Follow me on Twitter: @BryanJFischer, on Facebook at "Focal Point"

This is the season when federal judges, aided and abetted by the religious bullies and bigots at the Freedom From Religion Foundation, wage their annual war on Christ.

You will note I did not say "war on Christmas," but "war on Christ." Because HE is what secular fundamentalists find objectionable about the word. You could stick "mas" on the end of any other word you choose, and they'd have no problem. It is the first six letters of the word "Christmas" that aggravates their repressive and spiritually dark fury.

Judges this time of year routinely rule against Nativity displays in the public square of American cities, and many other cities, afraid that fresh rulings will be issued against them, preemptively yank Christ out of public parks and from in front of public buildings to avoid unpleasantness. All this, of course, is done under the sham of upholding the First Amendment.

(Michelle Obama, blissfully undeterred by judicial rulings that apply to the little people, has 54 Christmas trees in the White House. Take that, you black-robed tyrants!)

But it is the judges who rule against Christ at this time of year who violate the Constitution, not the cities. The Constitution could not be clearer: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof."

Under our three-branch system of government, Congress enacts the law, the Executive enforces the law, and the judiciary applies the law. Until Congress passes a law, there is no law to enforce and no law to apply.

Congress has never, ever, a single time, passed a law prohibiting Nativity displays or banning Christmas trees on public property. So if we follow the Constitution as given to us by the Founders, not as mangled by a brain-addled judiciary, there is simply no law for judges to apply in deciding such a case. If judicial sanity and not judicial arrogance and hubris were on display, a federal judge would toss plaintiffs out of court on their keisters for bringing a legal challenge to a Christmas display on the simple grounds that there cannot possibly be a constitutional violation here since Congress has not passed a relevant law that could be disobeyed.

Further, since there is no law to enforce or apply until Congress acts, the First Amendment represents a restraint on the entire central government and all its branches. In other words, not only is Congress forbidden to interfere with the free exercise of religion, the judiciary is too.

And yet federal judges routinely ignore these plain historical facts, and blindly trample and shred the very Constitution they took an oath to defend every time they prohibit the display of Christmas symbols.

This is simply because some legislative-type body, be it a school board or a city council, has exercised its constitutional right to the free exercise of religion by authorizing such a display in the first place. Each Nativity scene, each Christmas tree, represents the glorious expression of freedom, particularly of the religious variety. And religious liberty was so precious to the Founders that it is the very first liberty they enshrined in the Bill of Rights.

The federal government and all its agencies and branches, including the judiciary, is flatly prohibited from telling any local or state government what it may and may not do with regard to religious expression. If state and local governments choose to acknowledge Christ in some way, the federal government is expressly forbidden to interfere. To use Jefferson's colorful phrase, the central government has been "(bound)... down from mischief by the chains of the Constitution."

Alas, the frightful monster — Judicisaurus Rex — and all its minions have been loosed from their restraints and now prowl the earth like some ghoulish Whack-A-Mole looking relentlessly for some display of Christmas sentiment to pound into oblivion.

So let's be clear: when a federal judge rules against a Nativity scene or a Christmas tree, he is the one violating the Constitution and his sacred oath of office, and his ruling, according to the Founders, is of no legal force whatsoever.

America will be free once again when local and state governments start ignoring such blatantly unconstitutional rulings and choose freedom over tyranny, just as our Founders did at the beginning. Let freedom reign, and let it begin with Christmas!

(Unless otherwise noted, the opinions expressed are the author's and do not necessarily reflect the views of the American Family Association or American Family Radio.)

© Bryan Fischer


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
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