Audley Strange wrote:Is this how the WBC are allowed to act like such cunts and are tolerated? If it is the case that Govt cannot interfere with free exercise of religion, how could things like the Branch Davidian siege (without getting into the ugly aftermath) happen? Is it because the regime at the time were in breach of the constitution that so many Militia and paleo-conservative types see it as evidence of Federal Tryanny?
The Waco siege was not about religion, it was (ostensibly, according to Janet Reno) about "child abuse" and firearms violations. The reason that so many people see Waco as an instance of federal tyranny (which it was) is because of the tactics used by the BATF and the specious excuses used by Janet Reno that authorized federal involvement in the first place, and supposedly justified the FBI assault that killed 86 people, mostly innocent women and children.
The federal tyranny involved was in the actions of the BATF when it attempted to serve warrants on Koresh and started shooting at him through the front door, which triggered return fire from the rest of the cult. Rather than quietly taking Koresh into custody on one of the many occasions when he left the compound and went to town (which Texas Rangers and the local Sheriff told the BATF they could easily do) the BATF decided on a frontal assault for propaganda purposes, and they got their asses shot off in the process.
Was their assault technically lawful? Probably, although there is significant controversy over the "evidence" found in the rubble that tended to support the BATF's assertion that Koresh and his followers were illegally converting semi-automatic firearms into machine guns. Neither the BATF nor the FBI have ever allowed an independent forensic examination of the weapons recovered from the rubble, and there is plenty of speculation that the reports were falsified, some of it coming from several members who escaped the blaze who claimed that there were no illegal weapons in the compound.
And yes, the "Free Exercise Clause" is why the WBC get to be cunts. They engage in both free religious expression and free religious expression, and they do so, very carefully, in ways which do not violate OTHER laws prohibiting harmful acts. They are all lawyers (it's a single family for the most part) and they tread a very narrow line between free speech and incitement to riot, and they are very very good at not crossing the line.
Genuinely just asking.
Thanks for asking.
Though I have to wonder if the spirit (if not the letter) of the constitution was to, by not having an Established State church heavily implies have freedom FROM religion.
Nope. If you read the contemporary writings of the Founders, it is perfectly clear that their intent was to protect and preserve freedom OF religious expression and practice, not protect anyone against private expressions of religion. Their only intent was to prevent the evil that they had just escaped from, which was a state-sanctioned church that had the imprimatur of the King.
Indeed, when the Constitution was drafted and signed, several of the original 13 states had state religions themselves. The Founders wanted the central federal government not to have the power to suppress those state religions or create a single federal government religion, but they were perfectly comfortable with the idea of the people of the new states to determine, at the state level, whether or not religion would have a part in legislative acts. Their belief was that by protecting the sovereignty of the states against federal intrusions on religion, that people would naturally migrate to states that best represented their religious beliefs and needs.
Some Founders argued that religion ought to be severed from legislative acts at all levels, but that opinion did not survive the drafting of the Constitution, and it wasn't until the post-Civil War Reconstruction that the 14th Amendment was passed, under which the proscription on state-sponsored religion was extended to the states themselves. That's nearly a hundred years of state-level state-sponsored religion during which things ran reasonably well in the US.
But there was never any thought of protecting anyone against the peaceable expression of religion in public by others. It was that sort of thing that was expressly protected by the Founders because they had just freed themselves from a regime that used the law, violence and particularly taxes to suppress disfavored religions.
Freedom
from religion was never a consideration, and in fact for most of the first hundred years of the Republic, atheists were explicitly, and lawfully, excluded from holding public office. It wasn't until relatively lately, sometime in the fifties I believe, that atheists were granted protected status as a "religion" by the Supreme Court using the 14th Amendment as an excuse...in a rather interesting bit of circumlocution and rationalization as I recall.
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