June 26, 2007

 . . .  We are dealing with two questions here. The first question is "What constitutes a bona fide religion?" The second question is "Who decides what constitutes a bona fide religion?"

Let's start with the second question. The Tenth Amendment to the Federal Constitution says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Nowhere does the Federal Constitution give the United States the power to decide what is a bona fide religion. In fact, if those men and women in black priesthood robes define what is a bona fide religion, they are establishing religion and violating their oaths not to violate the First Amendment! So, the decision is not in the hands of the Federal Government. (Pretend with me for just a moment that the Constitutions are written in plain English and that the common man can read and understand them just as the Germans could read and understand the Bible after Martin Luther took that power away from the priesthood.)

The Constitution of the State of Utah says, "Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government." (Art I, Sec 27). Those rights are clearly stated in clear English in the second paragraph of the Declaration of Independence. They are the principles of Americanism and I like to "frequently recur" to them.

Then, the Constitution of the State of Utah says, "This enumeration of rights shall not be construed to impair or deny others retained by the people." (Art I, Sec 25). The Constitution of the State of Utah does not grant the State the power to decide what is a bona fide religion. In fact, just the opposite: "The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;" (Art I, Sec 4). Further, the State Constitution says "Perfect toleration of religious sentiment is guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship.: (Art III, First).

Now, let's pretend just for a moment that the Constitutions were written in plain English. Where do we go to get the definition of the word "religion." Do we go to the men and women in phony priesthood robes, pretending to translate the Constitution for us dummies? I don't think so. Let's look at those fundamental principles. There are 5:

1 We are all created equal.

2. Each of us has been given certain rights that cannot be violated by government, including the right to the pursuit of happiness, including spiritual happiness.

3. The ONLY purpose of government is to secure those rights.

4. All power of government comes from the people. It does not come from the courts.

5. When the government gets out of hand it is the DUTY of the people to fix it. Hopefully without too much violence.

Okay, now let's look for the definition of "religion" where definitions are found, i.e., the dictionary. My dictionary says one of the definitions of religion is "2: a personal set or institutionalized system of religious attitudes, beliefs, and practices." (Webster's Collegiate Dictionary, Tenth Edition.). So, according to the English language, religion can be a personal set of religious attitudes, beliefs, and practices. Obviously, since powers not given to the United States by the Federal Constitution, or to the State of Utah by the Utah Constitution, must be retained by the people -- by me.

Well, answering the second question pretty well answers the first question. A bona fide religion is whatever I believe and do in my inalienable right to the pursuit of spiritual happiness. The Drum Circle gives me spiritual happiness. Therefore, I define it as a bona fide religion. Smoking tobacco at the Drum Circle enhances that spiritual happiness. Therefore, I define it as part of my bona fide religion.

Of course, if the Constitutions are whatever those men and women in priesthood robes say it is, then I'm full of baloney and must kow tow to my Supreme Court Gods and Goddesses. How can the people be the source of government power if that is true? How can any branch of government step beyond the Constitutions and use Prof. Flinn's or any one else's qualifications without establishing religion and violating their own oaths of office? How can the Drum Circle not be a bona fide religion if I can get 150 people in one hour to sign my petition to the Salt Lake City Council stating that for them the Drum Circle is a spiritual experience and that tobacco enhances that spiritual experience?

The real question in this discussion is whether or not Lincoln was right when he said this was a county of, by and for the people. Perhaps, instead of citing the judges in priesthood robes, Professor Flinn could show us exactly where, in plain English, the State or Federal Constitutions take from me the right to choose my own pursuit of spiritual happiness, as long as I remember the first principle that all are equal and I must not harm nor endanger anyone else (such as driving while intoxicated)?

Thank You.
Dr. Ken Larsen
801-533-8658
856 East 100 South #2
Salt Lake City, Utah 84102
kencan@xmission.com
www.votekenlarsen.com
www.personalchoice.org