What Laws Are We Morally Obligated to Obey?

By:  Walter Williams
08/24/2011
       
What Laws Are We Morally Obligated to Obey?

What laws are we morally obligated to obey? Help with the answer can be found in "Economic Liberty and the Constitution," a 66-page pamphlet by Jacob G. Hornberger, founder and president of The Future of Freedom Foundation.

Hornberger offers a hypothetical whereby Congress enacts a compulsory church attendance law that requires children to attend church service each Sunday. Parents are penalized if their children fail to comply. Would there be any moral or constitutional legitimacy to such a congressional mandate? The law would be a clear violation of one's natural, or God-given, rights to life and liberty. As to whether it would be constitutional, we have to see whether mandating church attendance is one of those enumerated powers of Congress found in Article 1, Section 8 of our Constitution. We'd find no such authority. Our anti-federalist Founding Fathers didn't trust Congress with religious liberty, so they sought to protect it with the First Amendment to explicitly deny Congress the power to mandate religious conduct. Suppose there's widespread popular support for a church-going mandate and the U.S. Supreme Court rules it constitutional; do Americans have a moral obligation to obey the law?

What laws are we morally obligated to obey? Help with the answer can be found in "Economic Liberty and the Constitution," a 66-page pamphlet by Jacob G. Hornberger, founder and president of The Future of Freedom Foundation.

Hornberger offers a hypothetical whereby Congress enacts a compulsory church attendance law that requires children to attend church service each Sunday. Parents are penalized if their children fail to comply. Would there be any moral or constitutional legitimacy to such a congressional mandate? The law would be a clear violation of one's natural, or God-given, rights to life and liberty. As to whether it would be constitutional, we have to see whether mandating church attendance is one of those enumerated powers of Congress found in Article 1, Section 8 of our Constitution. We'd find no such authority. Our anti-federalist Founding Fathers didn't trust Congress with religious liberty, so they sought to protect it with the First Amendment to explicitly deny Congress the power to mandate religious conduct. Suppose there's widespread popular support for a church-going mandate and the U.S. Supreme Court rules it constitutional; do Americans have a moral obligation to obey the law?

Click here to read the entire article.

Professor Walter Williams (photo)

The JBS Weekly Member Update offers activism tips, new educational tools, upcoming events, and JBS perspective. Every Monday this e-newsletter will keep you informed on current action projects and offer insight into news events you won't hear from the mainstream media.
JBS Facebook JBS Twitter JBS YouTube JBS RSS Feed