LEFTY Judge Barbara Brandriff Crabb Rules the National Day of Prayer Unconstitutional


Unbelievable, District Court Judge Barbara Brandriff Crabb has ruled that the National Day of Prayer is unconstitutional.  At what point will these Leftist judges rule that the Declarations of Independence and even the US Constitution is  unconstitutional?

Conservative legal experts say a federal district judge in Wisconsin had no legal basis for declaring the National Day of Prayer unconstitutional – and predict the decision cannot stand.

“If the National Day of Prayer is unconstitutional, then the Constitution itself if unconstitutional,” Mathew Staver, president of Liberty Counsel and dean of the Liberty University School of Law in Lynchburg, Va., told CNSNews.com.

“The National Day of Prayer – or prayer itself – is older than the Constitution,” Staver said. “There is no question (this ruling) will be overturned by the U.S. Supreme Court.”

President Obama intends to still recognize the National Day of Prayer even with the lawsuit.Really? How disingenuous is this coming from Obama seeing that during the last National Day of Prayer,  The One decided against a public ceremony.

The case was brought by members of the Freedom from Religion Foundation, a group of atheists and agnostics in Wisconsin. They say their message to the government is clear. “We want you to keep out of the religion business. It’s not an appropriate proclamation,” said Annie Laurie Gaylor, one of the plaintiffs. “You should not be asking constituents to pray. You do not have the power to ask constituents to pray and to tell them what to pray for and to set aside a day for prayer.”

National Day Of Prayer Service Cancelled By Obama

Here is part of the Liberal Judges convaluted ruling.

“It goes beyond mere ‘acknowledgment’ of religion because its sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function in this context,” wrote Judge Barbara Crabb, who said the Day of Prayer violates the First Amendment’s establishment clause, which bans the creation of a “law respecting an establishment of religion” in the Constitution.

Perhaps anticipating the anger that her ruling would create, she also noted there was no law preventing Americans from praying or organizing non-governmental days of prayer, and wrote this: “I understand that many may disagree with that conclusion and some may even view it as a criticism of prayer or those who pray. That is unfortunate. A determination that the government may not endorse a religious message is not a determination that the message itself is harmful, unimportant or undeserving of dissemination.”

The National Day of Prayer is a day designated by the United States Congress as a day when people are asked to come together and pray, especially for their country. It made to take place  on the first Thursday in May by Ronald Reagan; however, it’s origins date back to 1775 and the Continental Congress where they  issued a day of prayer to designate “a time for prayer in forming a new nation.”

At what point are these liberal judges going to rule that the Declaration of Independence is unconstitutional as it references religion and God?

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

At what point will the LEFT rule that the US Constitution is unconstitutional? Enough is enough, this time the liberal, leftist judges have gone too far.

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  • Federal Court in Pennsylvania Declared President Obama’s Executive Actions on Immigration Policy Unconstitutional
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  • Comments

    26 Responses to “LEFTY Judge Barbara Brandriff Crabb Rules the National Day of Prayer Unconstitutional”

    1. J.Jay on April 17th, 2010 4:14 am

      Well, just to quote the constitution(Amendment 1):
      “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;”
      The judges ruled right in saying the government cannot just put a day of prayer in there, as that would be respecting the establishment of religion. No one is prohibited of praying though. That is the constitution to the letter.

      I am not for that though, since the national day of prayer was a day when (at least per spec and spirit) all religions came together to pray for the common good of the nation.
      We all know that this usually didn’t work out on a large scale (everyone going to their own respective religious places).

      That you make this about liberals or Obama (even though he supports your opinion!) is rather disingenuous and propagandistic, don’t you think?
      SM: Yea, because Obama did such a great job as President on last years National Day of Prayer trying to transform it to a day of service like the community organizer like he is.

      JJ, you got it wrong, completely wrong and you make the point by referencing the First Amendment.

      Everything that has the words state/government and religion/prayer is not banned by the First Amendment. Where does a National Day of Prayer mandate any one to pray or establish a religion? It does not exists and will be the reason why this decision will be reversed by a higher court. … read the following:

      The following breaks it down into very simple terms …

      A National Day of Prayer proclamation does not mandate that anyone pray. It does not establish a national religion. The same president who will issue this proclamation on May 6 is the same one who said this: “One of the great strengths of the United States is…we have a very large Christian population — we do not consider ourselves a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals and a set of values.”

      She reasoned that such a day makes outsiders of those who don’t believe in prayer. No, a National Day of Prayer, though enacted by Congress, simply recognizes that many Americans do, in fact, pray. By her logic, proclaiming a national day of, oh, let’s say, nursing, renders anyone not a nurse as an outsider. Yes, the First Amendment’s prohibition on establishment of a national religion adds a wrinkle, but in the same way that a National Nurses Day doesn’t make everyone a nurse, a National Day of Prayer doesn’t make every American someone who prays.

      A higher court needs to reverse this ruling.

      In the meantime, there should be no overreaction to match this judge’s overreaction. In other words, please spare us the claims that there is a secular war on Christianity or any other religion. This is one judge. And the Madison group is but one group.

    2. chuck in austin on April 17th, 2010 6:14 am

      First, your last point about the Declaration of Independence is a non sequitur which isn’t even germane to the issue at hand. The Constitution provides a legal framework for our current form of government, the Declaration doesn’t — it’s a declaration of war, of insurrection against the British crown (please reconcile that with 1 Timothy 2:1-4 if you believe Jefferson was penning a Christian document). I appreciate you want to tie together founding documents, but they don’t correlate as if they’re interchangeable. Each had and has its own context and purpose.

      Second, it’s also a non sequitur to suggest that this ruling would somehow make the Constitution unconstitutional. That quote from Staver is amusing, but his reliance on the supposed age of the NDP is mistaken (not to mention yet another logical fallacy: argumentum ad antiquitatem, or appeal to tradition). Congress didn’t even codify such a day until 1952, and its current form is even more recent (1972, 1988) and sectarian (National Prayer Committee and National Day of Prayer Task Force are Christian fundamentalist rackets). The “first” NDP in 1775 predated the drafting and ratification of the Constitution, not to mention it came at the beginning of the Revolutionary War. The two chief writers of the Constitution, Madison (who wrote, “They [days of prayer] seem to imply and certainly nourish the erroneous idea of a national religion.”) and Jefferson (who wrote, “Fasting and prayer are religious exercises; the enjoining them an act of discipline. Every religious society has a right to determine for itself the time for these exercises, and the objects proper for them, according to their own particular tenets; and right can never be safer than in their hands, where the Constitution has deposited it.”), were opposed to such things; Madison’s quote expressed his regret of having declared a NDP. I think they’d both agree with this judge’s ruling — and express similar qualifications that Crabb did in her opinion that “a determination that the government may not endorse a religious message is not a determination that the message itself is harmful, unimportant or undeserving of dissemination” because “it is part of the effort to ‘carry out the Founders’ plan of preserving religious liberty to the fullest extent possible in a pluralistic society’” — whether they were in their own 18th century milieu or dropped right into our 21st century milieu.

      Third, as your Mediaite link correctly points out, “It turns out that the President did not cancel the actual day, but rather the ecumenical service, a tradition that only started under the previous administration.” It isn’t disingenuous to choose to observe such things in a different manner from a predecessor, but it’s an act of demagoguery to question the sincerity of another who breaks from such an historic novelty. Two quick points about this: One, Obama will continue to recognize NDP. Two, the Justice Department is reviewing Crabb’s ruling and may challenge it. I don’t think they should (I think the Supreme Court would uphold the ruling on unanimous vote because the NDP is a prima facie violation of the Establishment Clause), but wouldn’t it be ironic given your statement that he’s disingenuous but would muster the resources of the executive branch to defend it anyway.

      Nobody — not a judge, not Congress, not the president — is going to stop you from praying “without ceasing” if you want, or to set aside a day of your own choosing (alone or with others) to pray. But it’s not the place of Congress or anyone else in government to do that, and Judge Crabb got that right.

      St Paul wrote (Romans 14:5), “One person esteems one day above another; another esteems every day alike. Let each be fully convinced in his own mind.” When the government sets aside one day or another, it violates the Establishment Clause of the First Amendment and supplants the kind of personal liberty mentions.
      SM: The fact that the Founding Fathers made reference to their Creator and God is hardly not to the point.

      No one makes it mandatory that you pray or else.

      The LEFT shopped this until they finally found a judge like Crab that would rule their way. The judicial version of doctor shopping.

      This will be over-turned.

    3. Tom M on April 17th, 2010 8:23 am

      36 USC 119:
      The President shall issue each year a proclamation designating
      the first Thursday in May as a National Day of Prayer on which the
      people of the United States may turn to God in prayer and
      meditation at churches, in groups, and as individuals.

      If the “shall” had been a “may”, the judge probably would have left it alone.

      Nature’s God in the DofI doesn’t mean what you seem to think it means. (see here, or here) Jefferson based his God on reason and rejected revealed religion.
      At the risk of Muphry’s law (don’t), small points: judge’s ruling (possessive) and it’s convoluted (sp) and I think you meant take, not tale. There are more, but…

    4. Fern on April 17th, 2010 9:10 am

      Why do you need the government involved to pray? Go to church! That’s what I do.

    5. Scared Monkeys on April 17th, 2010 9:20 am

      I guess the LEFT will find the following Unconstitutional as well. Because Our Founding Father were so wrong. Every wonder why they so freely and openly used the terms God and our Creator … all the time?

      A National Day of Prayer is not organizing a specific religion nor does it state that their are consequences against you by a government in you do not partake.

      Such things like that are only done by a Socialist President like Obama that would federally mandate you buy insurance of his liking or face the wrath of the government and the IRS.

      1789-1815 : George Washington,
      John Adams, James Madison

      Whereas it is the duty of all Nations to acknowledge the providence of almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor – and Whereas both Houses of Congress have by their joint Committee requested me “to recommend to the People of the United States a day of public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.”
      Now therefore I do recommend and assign Thursday the 26th day of November next to be devoted by the People of these States to the service of that great and glorious Being, who is the beneficent Author of all the good that was, that is, or that will be – That we may then all unite in rendering unto him our sincere and humble thanks – for his kind care and protection of the People of this country previous to their becoming a Nation – for the signal and manifold mercies, and the favorable interpositions of his providence, which we experienced in the course and conclusion of the late war –for the great degree of tranquillity, union, and plenty, which we have since enjoyed – for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted, for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge; and in general for all the great and various favors which he hath been pleased to confer upon us.
      And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech him to pardon our national and other transgressions – to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually – to render our national government a blessing to all the People, by constantly being a government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed – to protect and guide all Sovereigns and Nations (especially such as have shewn kindness unto us) and to bless them with good government, peace, and concord – To promote the knowledge and practice of true religion and virtue, and the increase of science among them and Us – and generally to grant unto all mankind such a degree of temporal prosperity as he alone knows to be best.
      Given under my hand at the City of New York the third day of October in the year of our Lord 1789.

      As the safety and prosperity of nations ultimately and essentially depend on the protection and the blessing of Almighty God, and the national acknowledgment of this truth is not only an indispensable duty which the people owe to Him, but a duty whose natural influence is favorable to the promotion of that morality and piety without which social happiness can not exist nor the blessings of a free government be enjoyed; and as this duty, at all times incumbent, is so especially in seasons of difficulty or of danger, when existing or threatening calamities, the just judgments of God against prevalent iniquity, are a loud call to repentance and reformation; and as the United States of America are at present placed in a hazardous and afflictive situation by the unfriendly disposition, conduct, and demands of a foreign power, evinced by repeated refusals to receive our messengers of reconciliation and peace, by depredations on our commerce, and the infliction of injuries on very many of our fellow-citizens while engaged in their lawful business on the seas – under these considerations it has appeared to me that the duty of imploring the mercy and benediction of Heaven on our country demands at this time a special attention from its inhabitants.
      I have therefore thought fit to recommend, and I do hereby recommend, that Wednesday, the 9th day of May next, be observed throughout the United States as a day of solemn humiliation, fasting, and prayer; that the citizens of these States, abstaining on that day from their customary worldly occupations, offer their devout addresses to the Father of Mercies agreeably to those forms or methods which they have severally adopted as the most suitable and becoming; that all religious congregations do, with the deepest humility, acknowledge before God the manifold sins and transgressions with which we are justly chargeable as individuals and as a nation, beseeching Him at the same time, of His infinite grace, through the Redeemer of the World, freely to remit all our offenses, and to incline us by His Holy Spirit to that sincere repentance and reformation which may afford us reason to hope for his inestimable favor and heavenly benediction; that it be made the subject of particular and earnest supplication that our country may be protected from all the dangers which threaten it; that our civil and religious privileges may be preserved inviolate and perpetuated to the latest generations; that our public councils and magistrates may be especially enlightened and directed at this critical period; that the American people may be united in those bonds of amity and mutual confidence and inspired with that vigor and fortitude by which they have in times past been so highly distinguished and by which they have obtained such invaluable advantages; that the health of the inhabitants of our land may be preserved, and their agriculture, commerce, fisheries, arts, and manufactures be blessed and prospered; that the principles of genuine piety and sound morality may influence the minds and govern the lives of every description of our citizens and that the blessings of peace, freedom, and pure religion may be speedily extended to all the nations of the earth.
      And finally, I recommend that on the said day the duties of humiliation and prayer be accompanied by fervent thanksgiving to the Bestower of Every Good Gift, not only for His having hitherto protected and preserved the people of these United States in the independent enjoyment of their religious and civil freedom, but also for having prospered them in a wonderful progress of population, and for conferring on them many and great favors conducive to the happiness and prosperity of a nation.
      Given under my hand the seal of the United States of America, at Philadelphia, this 23d day of March, A.D. 1798, and of the Independence of the said States the twenty-second.
      By the President : JOHN ADAMS.

    6. Scared Monkeys on April 17th, 2010 9:22 am

      I guess the Congression Prayer is Unconstitutional?


      Thomas Jefferson:

      “I shall need, too, the favor of that Being in whose hands we are, who led our fathers, as Israel of old, from their native land and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with His providence and our riper years with His wisdom and power, and to whose goodness I ask you to join in supplications with me that He will so enlighten the minds of your servants, guide their councils, and prosper their measures that whatsoever they do shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.”

      George Washington, in his first inaugural address, 1789:

      “Such being the impressions under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first official act, my fervent supplications to that Almighty Being who rules over the universe, who presides in the councils of nations and whose providential aide can supply every human defect, that His benediction may consecrate to the liberties and happiness of the people of the United States a Government instituted by themselves for these essential purposes; and may enable every instrument employed in its administration to execute with success, the functions allotted to his charge.”

    7. Fern on April 17th, 2010 12:19 pm

      There’s a curious disconnect here: (1) you want the government out of your lives, but (2) you need a government program to help you pray. I don’t understand.
      SM: You would find it as a disconnect, as one has nothing to do with the other … A Day of Prayer is hardly a government program as is exactly why it is not Unconstitutional.

      Please don’t be obtuse.

    8. Michelle on April 17th, 2010 4:36 pm

      There seems to be a problem with reading comprehension. The National Day of Prayer is not an Government program. Is Thanksgiving a government program? Is Memorial Day a government program?

      Why is it so difficult for the liberals to comprehend what is written?

      As a Christian, I’m glad there is a National Day of Prayer. So glad that we are allowed to pray together as a nation.

    9. J.Jay on April 18th, 2010 4:51 am

      Ok, there are 3 posts and actually a quote in your own post that tell you what the issue is. And neither you or michelle seem to get it.
      This is no prohibition of prayer.

      Reagan started this thing and even worded it so that it is unconstitutional in many ways. It favors monotheistic religions with one god figure, the text says prayer and not the more general term worhsip, etc…

      Yes, these guys were religious, yes, they called upon god almighty a lot, but when you read the constitution/bill, you won’t find much of god in there. It is, essentially, what you would call a secular document. It clearly separates religion and state. You have absolute freedom of religion. But there shall be no preference and there shall be no state religion or religion in state.

      Constituing an official day of prayer violates that in a certain way, because it means legaly fixing a holiday for religions.
      We can pray all year, nobody cares, but the state cannot recognize religions in this way and stay true to the constitution.
      However, maybe they can reinstitute that as a tradition and not religion related holiday. We’ll see. Obama is on our side there.
      SM: The ruling will be over turned.

    10. Michelle on April 18th, 2010 10:06 am

      J. Jay

      I get it just fine, thanks.

    11. Michelle on April 18th, 2010 10:07 am

      J. Jay

      I get it just fine, thanks. Btw, it’s not a law, it’s not mandated. So the First Amendment does not apply.

    12. Scott on April 19th, 2010 9:34 am

      I love the way idiot troll liberals think the Constitution is some breathing living document when in fact it IS NOT. The Founders wrote it so it would apply to our type of government. It’s as simple as that….

      The post by Michelle shows the typical arrogant and elitist attitude that liberals as a whole carry with them on a daily basis in their little elitist world. They think they know everything when they know very very little about the Constitution and what it stands for, NOT what is it supposed to stand for.

      Fern…You claim you are a Christian person but when the day comes to meet your maker; you will not be lead through the pearly gates of heaven; but rather rot with the worms with who you associate!

    13. Michelle Smith on April 19th, 2010 10:34 am

      #12 Sorry Scott but I’m not a liberal troll.

    14. Scott on April 19th, 2010 10:48 am

      I meant the post by J.Jay against Michelle.

    15. Cindy Biter on April 19th, 2010 2:19 pm

      Can anyone supply me with Barbara Brandriff’s email address? I’d like to tell her a couple of things. Thank you.

    16. Michelle Smith on April 19th, 2010 3:51 pm

      #14 Sorry Scott, I misunderstood what you typed. Must be the sinus medication.

    17. steve fredericks on May 5th, 2010 9:04 pm

      So you are a Muslim,,,you don’t look like one,,,but you must like the way they treat women… What the hell is wrong with you . I want an answere from you. NOW..I want to hear how people like you THINK..Are you from a broken home?,,,were you ever negeted…How did some one with your thinking get to be a JUDGE.PLEASE .,,,I NEED A RESPONCE

    18. steve fredericks on May 5th, 2010 9:22 pm

      You should not be a judge…=You should be a circus clown,,,
      WHAT A SHAME. Were you born in
      AMERICA..,,,, If not ,,,then go home.

      I WANT TO HEAR WHAT YOU HAVE TO SAY,,,I think you are paper tiger,,++==coward

    19. steve fredericks on May 5th, 2010 9:37 pm

      I’m waiting for your super response about our pray day,,,,,,,that was not permanted

    20. Sarah Ruth on May 6th, 2010 9:23 am

      Hooray for Judge Barbara !!

      We TOTALLY SUPPORT her ruling. Another move for FREEDOM FROM RELIGION. Religion is a pox on the planet. The sooner it ends, the better.
      SM: Yet another Moonbat idiot served.

      What a black heart you must have and what a joy to be around. Now go back to coloring books.

    21. WTF on May 6th, 2010 10:12 am

      Just imagine what the so-called “Christians” response would be to a National Day of Atheism or a National Day of Agnosticism, or a National Day of Love and Peace.

      Why don’t we just come right out and say it. We have freedom of religion in this country so long as it’s Christianity. Pathetic people we have become.
      SM: You can do what ever you want, just don’t take other people’s rights away in the process. You are free to worship yourself for all I care. most likely you do.

      The fact that you hate Christians is some what sad and obvious. Have a nice day.

    22. Sarah Ruth on May 6th, 2010 12:48 pm

      You gotta love the ‘christian’ attitude. ‘Christian’ in America has absolutely nothing to do with ‘christ like’ or the teachings of your christ.

      You lamblast anyone who does not agree with you, stereotype and point fingers and call names. Regurgitation is not a form of intelligence. The world (my world) is not black and white, left or right, christian or heathen. Hoping that your ‘rapture’ comes soon so you can all leave. Take your bibles with you, please.

    23. Sarah Ruth on May 6th, 2010 12:50 pm

      Hey SM,
      My comments continue to be deleted.
      Why is that???
      Intelligent discourse beyond your ability or just outside of your scope of reference?
      SM: Nope, learn some manner or go elsewhere heathen. Of course if you had made an once of religion you might actually be able to be respectful.

      Don’t worry, in the end the ruling by this moonbat judge on the National Day of Prayer will be over turned. People need to start understanding the law and not think that just because it hurts their feelings that its against the Constitution.

    24. Sarah Ruth on May 6th, 2010 1:23 pm

      Manners… well, you might activate a few of your own, if that is possible.

      Religion does not make a person respectable. Adolf Hitler was a devout christian as was Benito Mussolini.

      And then there is all the ‘respect’ of inquisitions and crusades and don’t forget priests and modern day evangelists who cry when they sin.

      Religion is at it always has been, an excuse to divide people, to slaughter non-believers, to eradicate all who disagree with the manmade dogma.

      Does SM stand for sour milk?

      p.s. I did receive an ounce of religion… 40 years of it. It stinks.
      SM: I might mind you whose house you are in. You will be respectful while you are here.

      Leave it to you to reference Hitler and Mussolini as Christans, how sad. I might add so was Mother Teresa.

      Religion is at it always has been, an excuse to divide people, to slaughter non-believers, to eradicate all who disagree with the manmade dogma.

      What is wrong with you? I guess you must be speaking of radical Muslims who kill innovents. I am not sure if you have been awake for the past thousand years or not, but you do realize that there was a reformation, right?

      There is no discussing religion with a non-believer … I will pray for you.

    25. Sarah Ruth on May 6th, 2010 2:04 pm

      Nice to know that invincible ignorance is alive and well in these so-called civilized times.
      SM: Considered yourself banned, since you do not have the common sense to use common sense, good bye.

    26. Ggieb4m on May 7th, 2010 11:09 am

      These leftist will not be satified till everything that refers to God is taken away from us. We will end up having to pray in secret before it’s over. we must take a stand and commit to writing letters, comments and any other thing to our representatives. That and prayer is the only way we will take our country back.
      One letter a day may not seem like much, but if everyone does this, it adds up.
      Read Genesis 18:20-33. The story where God tell Abraham He will not destroy the city of Sodom and Gomorrah if there are 50 rightous men found there. Abraham knows there are not 50 rightous men there so he intercedes with God who is willing to save an entire city if 10 rightous men are found.

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