Monday, May 12, 2008

Understanding the Jurisdiction of Church & State

I ask you to read this report from The Christian Post. It will give the background and help in understanding what I am about to say in response to it. I will use the following quote to specifically address.

"“Under the guise of protecting the immoral, unnatural, ungodly lifestyle of homosexuals, our government is being forced to censor the freedom of speech and freedom of religion of Bible-believing Christians,” said the Rev. Rusty Lee Thomas, director of Elijah Ministries. “We have come to Washington, D.C., to appeal to our government to back off…return to your jurisdiction, get out of our churches, quit policing our thoughts and stop trying to sear our consciences by framing mischief into law,” Thomas vented."

Basic Constitutional law instructs that Secular Government and the institution commonly known as the Church operate in separate legal realms or jurisdictions. In fact, I have it from a Texas Attorney that a true Church is not even recognized at law. In other words, Government has absolutely nothing so say about the internal affairs of a true Church. A true Church cannot be sued or taken to Court. Again, this is basic Consititutional Law.

Why, then, is this religious leader telling the government to get out of their churches? Is this leader presuming that the Government doesn't know the law?

What if we presumed, for a moment, that the Government does know the law and knows exactly what it's doing. Let's perform the unusual and presume that the Government is actually right!

What if the Government really does truly understand the proper Constitutional Doctrine of Separation of Church & State? What if the Government not only knows a true legal Church when it sees one, but that the Goverment also responds properly when it sees one. In other words, it leaves that Church alone, because the prerequisite jurisdictional authority is not legally present.

In the case referenced above, what if the Rev. Thomas is actually wrong in telling the Government to get out of the churches? What if the Government does have jurisdiction?
Does that scenario seem impossible? If it does, I understand. But consider one more possibility. What if all churches are not created equal? Does this seem equally impossible? Ahhh, welcome to the wonderful world of Law!!!!!!!

Not only is this inequality possible, it is an everpresent reality. It all comes down to who the legally recognized creator of any particular church is. Jesus would use the following phraseology to determine the creator, "God or Caesar"? The title "God" is understood by most and needs no explanation. The term "Caesar" simply refers to Government in general. So the question is this. Is God or Government the Creator of your "church"?

The fact is, most Churches and religious organizations in the united States are created by the Government. Therefore, by virtue of the law of creation, the Government has the authority to regulate and oversee the operations of its created entities.

A true Church, one created by God and not Government, cannot be legislated for or regulated or overseen by the Government. The only thing Government can do is uphold its status and standing as a true Church as long as the true church conducts itself as a true Church. It does that by the following:

  1. It has a legitimate and currently functioning government.
  2. It can only be represented in Court by a duly authorized officer of the Church.
  3. Any appearance in Court by its duly authorized officer is strictly a special appearance for the sole purpose of challenging the jurisdiction of the Court. Any other action in Court by this officer will temporarily grant jurisdiction to the court.
  4. It cannot be represented by a licensed Attorny, since all Attorney's are, first and foremeost, Officers of the Court.

More than likely, the organization of Rev. Wright, along with most others, have been in some manner created by the Government through the process of incorporation or a similar process of recognition by Government. Thus, it is not a true church and the government has the authority to govern it pursuant to the Government's own laws. They can police the thoughts of its members. They can censor its members freedom of speech and religion. They can attempt to sear the consciences of its members. They can attempt to frame mischief into law for its members.

To resist is futile.

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