Ted Cruz and Kelly Shackelford: War Memorials and the Constitution
[Messrs. Cruz and Shackelford represent the Veterans of Foreign Wars, The American Legion, the Military Order of the Purple Heart, and the American Ex-Prisoners of War as amici curiae in Salazar v. Buono.]
At Arlington National Cemetery near Washington, D.C., the Argonne Cross was erected to honor our fallen World War I soldiers. If you stand at the foot of that memorial, you cannot help but be moved by the sacrifices so many brave souls have made for our nation...
... Today, the U.S. Supreme Court will hear oral arguments in Salazar v. Buono, a case that will determine the fate of another moving monument to our fallen soldiers—a 75-year-old veterans' memorial located on public land in the vast Mojave National Preserve in San Bernardino County, Calif.
The Mojave Desert Veterans Memorial, a seven-foot metal cross, was erected in 1934 by World War I veterans to honor their fallen brethren. In 2001, the American Civil Liberties Union (ACLU) sued to have the memorial taken down. The reason? The ACLU claims that the mere presence of the cross within the 1.6 million acre national preserve runs afoul of the Constitution, because it is effectively a religious symbol...
... The theory being advanced by the ACLU is that no religious symbol can be allowed on public land. That is a radical notion that is contrary to the text of the Constitution, to the original understanding of the Framers, and to how the Supreme Court has long interpreted the First Amendment's prohibition on the establishment of a religion.
The Constitution prohibits government from favoring one religion over another, but it does not compel hostility to faith. For example, the Supreme Court ruled in Marsh v. Chambers (1983) that it was constitutional to open a legislative session with a prayer. Chief Justice Warren Burger, writing for the majority, explained:
"To invoke Divine guidance on a public body entrusted with making the laws is not, in these circumstances, an 'establishment' of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country."...
...War memorials embody the very best traditions of our nation. In 1787, the U.S. Constitution was written to "secure the Blessings of Liberty to ourselves and our Posterity." With the case it will hear today, the Supreme Court has an opportunity to preserve this promise.
Read entire article at WSJ
At Arlington National Cemetery near Washington, D.C., the Argonne Cross was erected to honor our fallen World War I soldiers. If you stand at the foot of that memorial, you cannot help but be moved by the sacrifices so many brave souls have made for our nation...
... Today, the U.S. Supreme Court will hear oral arguments in Salazar v. Buono, a case that will determine the fate of another moving monument to our fallen soldiers—a 75-year-old veterans' memorial located on public land in the vast Mojave National Preserve in San Bernardino County, Calif.
The Mojave Desert Veterans Memorial, a seven-foot metal cross, was erected in 1934 by World War I veterans to honor their fallen brethren. In 2001, the American Civil Liberties Union (ACLU) sued to have the memorial taken down. The reason? The ACLU claims that the mere presence of the cross within the 1.6 million acre national preserve runs afoul of the Constitution, because it is effectively a religious symbol...
... The theory being advanced by the ACLU is that no religious symbol can be allowed on public land. That is a radical notion that is contrary to the text of the Constitution, to the original understanding of the Framers, and to how the Supreme Court has long interpreted the First Amendment's prohibition on the establishment of a religion.
The Constitution prohibits government from favoring one religion over another, but it does not compel hostility to faith. For example, the Supreme Court ruled in Marsh v. Chambers (1983) that it was constitutional to open a legislative session with a prayer. Chief Justice Warren Burger, writing for the majority, explained:
"To invoke Divine guidance on a public body entrusted with making the laws is not, in these circumstances, an 'establishment' of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country."...
...War memorials embody the very best traditions of our nation. In 1787, the U.S. Constitution was written to "secure the Blessings of Liberty to ourselves and our Posterity." With the case it will hear today, the Supreme Court has an opportunity to preserve this promise.