Part I
In another thread I suggested that we should find ways to empower the private sector, especially churches, to deal with healthcare and other social welfare issues. I started that thread in preparation for a discussion of a constitutional amendment that would enable America’s churches to take a more active role in society without facing government interference.
I do not wish to have either the Constitution or statutory law define religion; determine what doctrine is for any religion, or make any commentary on the interrelationship between the adherents of any other religion or between them and whatever they accept as holy. I am using the term church only because in American popular culture church-state relations are synonymous with the relationship between government and religion regardless of what the religion is.
I do not expect any church or religious organization to do all of the things that this amendment would let them do, but I do want church congregations to have the power to the things listed in this amendment without having to face constant court fights. The more vague the Constitution is, the more chance there will be for litigation.
Material in italics is meant for explanatory purposes and is not part of the amendment.
Church Enabling Amendment
Section 1: The ability to freely exercise religion without the undue interference of the state being necessary for the preservation of their constitutional rights and liberties, the American People retain the right to establish churches in accordance with this amendment reserving unto the Congress and the several states the power to regulate and tax churches that may be otherwise established.
Section 2: The Congress shall upon the application of not less than one hundred incorporators and without regard to doctrine or other qualifications, issue a charter for any organization hereby established as a church for the purpose of this amendment, and such charter shall set forth the bylaws and doctrine of the church and the qualifications necessary for the employees, members, clergy, trustees and officers thereof providing that no church may deny membership to any person on account of race or national origin or failure to provide monetary contributions to the church or any employee, member, clergy, trustee or officer thereof.
Section 3: Each church established in accordance with this amendment shall designate not less than fifty persons to serve as trustees for the church as determined by the bylaws of the church and no more than one-half of the total number of trustees shall also be an incorporator, clergy or officer of the church.
Each church established in accordance with this amendment shall designate as the bylaws of the church may direct persons to serve as corporate officers, but no more than one-half of such officers may also be a trustee of the church and no more than one-half of such officers may also be an incorporator of the church.
Section 4: Any church established in accordance with this amendment shall retain the right to worship, to proselytize and to provide for the social welfare of the American People and thereby shall have the power to:
(01) Establish and maintain orphanages and provide adoption services under the regulations which the separate states may devise by law;
(02) Provide disability, retirement, unemployment, workers’ compensation and survivors’ pensions as the bylaws of the church may direct and under such regulations as its trustees may devise;
(03) Insure real and chattel property against loss and damage as the bylaws of the church may direct and under such regulations as its trustees may devise;
(04) Establish and maintain hospitals, pharmacies and other medical facilities under the regulations which the Congress and the separate states may devise by law;
(05) Establish and maintain libraries, museums, schools, colleges and universities;
(06) Provide nutritional, lodging and other dwelling services as the bylaws of the church may direct and under such regulations as its trustees may devise;
(07) Provide assistance for the enforcement of the criminal laws of the United States and the several states upon the request of the Congress or the legislature of a state;
(08) Establish and maintain banks and other financial institutions under the regulations which the Congress and the separate states may devise by law;
(09) Provide as the bylaws of the church may direct and under such regulations as its trustees may devise, any other benefit to individual persons or associations thereof comparable to such benefits which the Congress or the legislatures of the several states may provide by law for the common welfare of the People of the United States or the People of any state;
(10) Perform any other service or function for the benefit of the general welfare of the United States or any state upon the request of Congress or the legislature of a state;
(11) Acquire private property for the purpose of performing any of the forgoing powers with the consent of and under such regulations as the Congress of the United States or the legislatures of the several states may devise;
(12) Obtain the full faith and credit of the several states for such persons which the Congress of the United States may certify and which the church may employ to implement the foregoing powers- and
(13) Take any action that is necessary and proper for the implementation of the foregoing powers to provide for the social welfare of the American People.
In another thread I suggested that we should find ways to empower the private sector, especially churches, to deal with healthcare and other social welfare issues. I started that thread in preparation for a discussion of a constitutional amendment that would enable America’s churches to take a more active role in society without facing government interference.
I do not wish to have either the Constitution or statutory law define religion; determine what doctrine is for any religion, or make any commentary on the interrelationship between the adherents of any other religion or between them and whatever they accept as holy. I am using the term church only because in American popular culture church-state relations are synonymous with the relationship between government and religion regardless of what the religion is.
I do not expect any church or religious organization to do all of the things that this amendment would let them do, but I do want church congregations to have the power to the things listed in this amendment without having to face constant court fights. The more vague the Constitution is, the more chance there will be for litigation.
Material in italics is meant for explanatory purposes and is not part of the amendment.
Church Enabling Amendment
Section 1: The ability to freely exercise religion without the undue interference of the state being necessary for the preservation of their constitutional rights and liberties, the American People retain the right to establish churches in accordance with this amendment reserving unto the Congress and the several states the power to regulate and tax churches that may be otherwise established.
Section 2: The Congress shall upon the application of not less than one hundred incorporators and without regard to doctrine or other qualifications, issue a charter for any organization hereby established as a church for the purpose of this amendment, and such charter shall set forth the bylaws and doctrine of the church and the qualifications necessary for the employees, members, clergy, trustees and officers thereof providing that no church may deny membership to any person on account of race or national origin or failure to provide monetary contributions to the church or any employee, member, clergy, trustee or officer thereof.
Section 3: Each church established in accordance with this amendment shall designate not less than fifty persons to serve as trustees for the church as determined by the bylaws of the church and no more than one-half of the total number of trustees shall also be an incorporator, clergy or officer of the church.
Each church established in accordance with this amendment shall designate as the bylaws of the church may direct persons to serve as corporate officers, but no more than one-half of such officers may also be a trustee of the church and no more than one-half of such officers may also be an incorporator of the church.
Section 4: Any church established in accordance with this amendment shall retain the right to worship, to proselytize and to provide for the social welfare of the American People and thereby shall have the power to:
(01) Establish and maintain orphanages and provide adoption services under the regulations which the separate states may devise by law;
(02) Provide disability, retirement, unemployment, workers’ compensation and survivors’ pensions as the bylaws of the church may direct and under such regulations as its trustees may devise;
(03) Insure real and chattel property against loss and damage as the bylaws of the church may direct and under such regulations as its trustees may devise;
(04) Establish and maintain hospitals, pharmacies and other medical facilities under the regulations which the Congress and the separate states may devise by law;
(05) Establish and maintain libraries, museums, schools, colleges and universities;
(06) Provide nutritional, lodging and other dwelling services as the bylaws of the church may direct and under such regulations as its trustees may devise;
(07) Provide assistance for the enforcement of the criminal laws of the United States and the several states upon the request of the Congress or the legislature of a state;
(08) Establish and maintain banks and other financial institutions under the regulations which the Congress and the separate states may devise by law;
(09) Provide as the bylaws of the church may direct and under such regulations as its trustees may devise, any other benefit to individual persons or associations thereof comparable to such benefits which the Congress or the legislatures of the several states may provide by law for the common welfare of the People of the United States or the People of any state;
(10) Perform any other service or function for the benefit of the general welfare of the United States or any state upon the request of Congress or the legislature of a state;
(11) Acquire private property for the purpose of performing any of the forgoing powers with the consent of and under such regulations as the Congress of the United States or the legislatures of the several states may devise;
(12) Obtain the full faith and credit of the several states for such persons which the Congress of the United States may certify and which the church may employ to implement the foregoing powers- and
(13) Take any action that is necessary and proper for the implementation of the foregoing powers to provide for the social welfare of the American People.