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Berzerker is offline Berzerker
Emperor
topeka, kansas,USA
May 1999
time: 23:31
  Old Post 14-10-2003 06:57
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quote:
Actually, I think it might be unconstitutional to prevent religous charities from being eligible for these types of grants, however, they should be narowly granted


Where in the Constitution did you find a congressional power to offer "grants", religious or not? That's the problem, you can't argue that Congress can use the treasury to provide for charity and then limit who get's to manage the charities being given the "grants" because the grants themselves are unconstitutional. What you guys are effectively saying is that Congress cannot exercise it's constitutional powers if doing so violates the Bill of Rights. The alleged constitutional power being appropriations for charities and the alleged violation being the establishment clause.

Okay, let's use that logic and apply it to taxes in general, some of which are clearly constitutional. The 1st Amendment also says Congress shall make no law prohibiting religious freedom, so, what if I say my religion won't allow me to financially support war? Does that mean Congress can't tax me to pay for wars? Of course not. So think about that, IF Congress has the legitimate constitutional power to support charities, the Bill of Rights can't trump Congress' legitimate constitutional powers. True?

The Bill of Rights cannot trump Congress' legitimate powers under the Constitution, and if Congress has the power to provide for charity, then Congress has the power to provide for charity regardless of whom administers the charity just as our religious liberty under the 1st Amendment does not restrict Congress to exercise it's taxing authority to pay for wars. Sorry about repeating myself, just wanted to make sure my point was made using slightly different language in case I wasn't being clear...

 
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