The Truths That Are the Foundation of the Government of the United States Are Separate and Distinct From, Even Though They May Be the Same As, Truths Drawn from a Particular Religion

BY ROBERT C. CANNADA

The term "truths" as used herein includes the terms "moral truths", "transcendent moral truths", "ultimate truths", "transcendent laws", "the Laws of Nature", "the Laws of Nature's God", and other synonymous terms including the widely misunderstood term "Natural Law". These are the "truths" that are the source of the "unalienable" rights of all humans. If these "truths" are not acknowledged and honored by a government, then that government will not acknowledge that the individual possesses "unalienable rights". On the other hand, if these "truths" are acknowledged and honored by the government, then the office holders in that government are to protect and secure the unalienable rights of the individual. In effect, the powers of the office holders are limited or restricted by those "truths" which they are obligated to acknowledge and honor.

Insofar as the Founding Fathers of the government of the United State were concerned, as they designed the Form of Government which was approved by the People, "Truths" exist which are separate and distinct from the religious beliefs of any individual or the teachings of any particular religion. It is extremely important that this concept be understood. This is basic to an understanding of the government established for the United States of America.

I. The Government of the United States of America is a Government Based Upon "Truths"

It is self-evident that there are basically only two types of government; to-wit: and recognizes and honors "truths" and (2) a government that does not recognize the existence of any "truths." It was essential, therefore, that the Founding Fathers of the government of America make a determination as to whether they were establishing a government based on "truths" or whether they intended to establish a government that did not acknowledge or honor the existence of any "truths".

The Founding Fathers faced this issue squarely in the document that created the Nation-the Declaration of Independence. In that document our Founding Fathers set forth "truths" that were to serve as a foundation or basis for the government of the new nation. Those "truths" include the fact that there are "Laws of Nature"; that there are "Laws of Nature's God"; that there is a Creator; that this Creator has endowed all men with unalienable rights; that included among those unalienable rights are the Right to Life, Liberty, and the Pursuit of Happiness; that there is a Supreme Judge; and that there is such a thing as Divine Providence.

These "truths" may be the same as the "truths" of a particular religion-they are clearly associated with Christianity, but their source is not a particular religion. They were "self-evident" to our Founding Fathers and they inserted that concept into the document creating the nation-the Declaration of Independence.

II. The "Truths" Referenced in the Declaration of Independence are not Drawn from any Particular Religion-The Supreme Court is Simply Wrong

It is essential that it be understood that the Declaration of Independence specifies that, insofar as this government is concerned, the "truths" set forth therein are not derived from nor are they based upon any particular religion. They are referred to in the Declaration as being "self-evident." Insofar as the government of the United States of America is concerned, these truths are separate and distinct from any particular religion. Thus neither Article VI of nor the First Amendment to the Constitution have any application to them so as to restrict or limit in any way the acknowledgment and honoring of them by the officeholders in the government. It appears, however, that some members of the Government have been persuaded or convinced that the source of all "truth" is some particular religion and that, therefore, the officeholders are prohibited from acknowledging and honoring any "truths" in the performance of their official duties. This is truly tragic, and this misunderstanding and erroneous concept must be corrected.

The source of the "truths" referred to in the Declaration of Independence is not a particular religion. These "truths" are recognized and acknowledged in the Declaration and no reference of any kind is made to any "religion" in that document. To the contrary, these truths are referred to as being "self-evident". Accordingly, it is a tragic error for the Supreme Court to hold that an acknowledgment of the existence of a Creator is a "religious belief" and that, therefore, all officeholders are prohibited by the First Amendment to the Constitution from acknowledging or honoring the existence of the Creator in the performance of their official duties. This is truly unbelievable; yet it has happened. The existence of the Creator is classified in the Declaration as a "self-evident" truth. It appears the Supreme Court is completely ignoring the existence of the Declaration. This is simply wrong.

III. The Supreme Court is Not Authorized or Empowered to Alter or Abolish the Form of Government

The acknowledging of the existence of and the honoring of the "truths" referenced in the Declaration by the officeholders in this government as they perform their official duties does not constitute the intermingling of a particular religion into the government. By doing this, the officeholders are doing nothing more than complying with their oath of office. Accordingly, for the court to hold that the officeholders cannot acknowledge the existence of and honor those truths in the performance of their official duties means that the court, knowingly or unknowingly, is clearly attempting to change, to alter, or to abolish the Form or Type of Government established by the Founding Fathers and approved by the People. This constitutes, either knowingly or unknowingly, an effort on the part of the Supreme Court to change the Type or "Form" of Government from one that is based on "truths" to a type or form that is not based on any "truths". The Supreme Court is simply not authorized or empowered to do this. The members of the Supreme Court are obligated by their oaths to exercise their powers within and subject to the "truths" referred to in the Declaration. In fact, their powers and their authority are limited to "interpreting" the Constitution and the statutes enacted in pursuance thereof. The Supreme Court is not authorized or empowered to establish the "supreme law of the land". The Court is simply not authorized or empowered to decree that the "truths" referenced in the Declaration are drawn from a particular religion and that, therefore, the officeholders in the government cannot acknowledge or honor their existence in the performance of their official duties. This constitutes the changing of the Form of Government from a government based upon "truths" to agovernment that has no basis- everything is relative. Only the People have the power to do this.

IV. The People Must Make a Decision

The People must address the question as to which of these two forms of government is to prevail in America. It is clear that the Constitution does not even purport to contain or reference any "truths". In addition, the Constitution can be amended and changed by the People. Thus even if there should be a reference to a "truth" placed in the Constitution that provision could be eliminated by a future amendment. Thus, if the members of the Government of the United States of America are to be permitted, authorized or required to acknowledge the existence of and to honor any "truths" in the performance of their official duties, it must be acknowledged that there is a connection or relationship between the Constitution and the Declaration of Independence. The People need to face this fact and make a decision. Is the government of the United States of America based upon "truths" or is it a government that does not acknowledge or honor any "truths"-everything is relative

The People must choose between the following: (1) There is no connection or relationship between the Declaration and the Constitution, and America has a government that does not acknowledge the existence of any "truths"-everything is relative or (2) There is a connection or relationship between these two documents, which means that the Constitution is to be interpreted in the light of the principles set forth in the Declaration and the Government is a government based upon a foundation of "truths". (i.e., It is a "government of laws") That is, a government of "laws" which "laws"are based upon "Truths". It is a government of officeholders with "limited powers"- the powers being limited by the required observance of "truths". It is a government that functions as a republic. It is government that acknowledges the existence of, and is charged with the responsibility of securing, the unalienable rights of all individuals.)

If the Constitution is not to be interpreted in the light of the principles of the Declaration, then the "Form of Government" has been changed, altered or abolished so that America has a Government with a "Form of Government" that has no base or foundation on any "truths". It has a Government with unlimited powers, a "pure democracy" as distinguished from a republican form of government, and a nation that is subject to the tyranny of the majority.

The People must make a choice between a government with limited powers which is based upon the transcendent truths referenced in the Declaration or a government in which everything is relative, being a nation that is subject to the tyranny of the majority. The People should not permit the Supreme Court to make this choice for them. The Supreme Court is supposed to represent and serve the People within the structure of the government and it is not authorized to change that structure.

V. The Form of Government Established for America by our Founding Fathers is Under Serious Attack

The Type or Form of Government, which is a government based upon self-evident "truths", as designed by the Founding Fathers and approved by the People, is under attack today from various sources. One source is made up of certain religious leaders. Since the Supreme Court is ignoring the "truths" of the Declaration, the religious leaders are making an effort to substitute "truths" derived from their particular religion as the foundation for the Government. In fact, some desire, apparently, to substitute their religion itself as the foundation for the government. This is contrary to and in conflict with the government designed by our Founding Fathers and approved by the People. Religion, as such, is not to be intermingled into the government. Nothing could be clearer.

Since the Supreme Court is ignoring the "truths" of the Declaration, many are trying to substitute the wisdom or intellect of mankind as the foundation of the government with this "wisdom" being reflected, on occasions, by the vote of the majority. This is apparently the concept of those who are separating the Constitution from the Declaration and reading the Constitution as a free standing document without reference to the truths referenced in the Declaration. It appears that this is the concept that is being followed by the Supreme Court. That is, by looking only to the Constitution and ignoring the Declaration, the court's only alternative is to look to the wisdom or intellect of mankind. Again, this concept is clearly contrary to and in conflict with the government designed by our Founding Fathers and approved by the People. These efforts should stop.

CONCLUSION

Those concerned about the moral decline in our nation should unite in supporting the following concept: The moral truths referenced in the Declaration were decreed by the Creator prior to the existence of any particular religion; these truths, according to the Declaration of Independence, were decreed by the Creator and are written on the hearts of all humans; they are self-evident; they are separate and distinct from any particular religion even though they may be similar to or identical with the moral teachings of a particular religion; these "truths", insofar as the government of the United States of America is concerned, do not come from any particular religion-their source is the Creator-God and they are applicable to the government of the United States of America until and unless the form of government is altered or abolished by the People. In addition, because they are "truths," all human wisdom and intellect is subject to them insofar as the government of the United States of America is concerned.

The government of the United States of America was established on the basis of a commitment by the officeholders in that government to acknowledge the existence of and to honor certain "truths," and each officeholder was required to take an oath to do so. These "truths" were considered to be quot;self-evident" and, insofar as our Founding Fathers of the government were concerned, were not to be considered as coming from or being based upon any particular religion. These "Truths" came from the Creator. These "Truths" are to guide the officeholders in the performance of their official duties and to limit their powers and authority. Yet the People are now faced with a situation in which the officeholders, according to the decisions of the Supreme Court, are forbidden to even acknowledge the existence of these "Truths" in the performance of their official duties.

The People must act. The Form of Government established for the United States of America must be reinstated and protected. This can be done by requiring all officeholders, including the members of the Supreme Court, to comply with their "oath" or "affirmation," which they took as a condition to their assuming the powers of the office. They are to support the Constitution which is founded upon and tied to the principles and "truths" referred to in the Declaration.

ABOUT THE AUTHOR

Robert C. Cannada is Senior Counsel at Butler, Snows, O'Mara, Stevens & Cannada PLLC. He is a member of the NLA Board of Directors.