Establishment Clause applies to U.S. foreign policy

Q: The Chicago Council on Global Affairs is recommending that the U.S. government develop a strategy to make religion 'integral' to American foreign policy. Should U.S. foreign policy get religion?

I enthusiastically embrace this week's response by my friend and fellow Baptist, Welton Gaddy. Religion is relevant to U.S. foreign policy; but, at the same time, it must be handled with special care.

However, I write separately and additionally to emphasize the importance of the question of whether the First Amendment's Establishment Clause applies to the conduct of U.S. foreign policy. I think it does.

The Report of the Task Force on Religion and the Making of U.S. Foreign Policy calls on the president to make clear that, while the First Amendment's Establishment Clause does not preclude the U.S. from "engaging religious communities abroad in the conduct of foreign policy," it does "impose constraints on the means that the United States may choose to pursue this engagement."

Several on the Task Force dissented in writing from this recommendation, arguing that U.S. foreign policy can not be limited by "constraints ... imagined to derive from the Establishment Clause." That dissent was countered by others who quite properly point out that "it is beyond question that all branches of the U.S. government must act in accordance with the Constitution when conducting American foreign policy." They went on to observe, "There is no reason to believe that the Establishment Clause is an exception to this requirement."

Yes, we can debate the nuances of how and to what extent the Establishment Clause may or may not apply to foreign affairs (as we have been doing for decades on the domestic front). And yes, because of standing-to-sue limitations and the fact that foreign policy is typically a non-justiciable "political question," the courts have been unable or unwilling to rule definitively. But to suggest that the Establishment Clause can never apply beyond our borders would be an emasculation of that critical pillar of the First Amendment that ensures religious liberty for all Americans and whose underlying principle of governmental neutrality informs a proper understanding of religious liberty abroad.

By J. Brent Walker | February 24, 2010; 12:38 PM ET Save & Share:
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The current Federal policy of involving religion in foreign policy is guided by IRFA 1998 law and USCIRF report. It is fraught with conflict of interest and many other problems.

There is a quite a difference between theory (i.e. IRFA 1998 law) and practice (i.e. USCIRF).

In theory, All USCIRF report must comply with IRFA 1998 but reality is some what different.

In theory, Religion in foreign policy would serve national interest. However, In practice, What would stop it from serving religious interest and harming national interest?

Both "chicago council" and USCIRF are misrepresenting and painting negative portrait of Hinduity.

J. Brent Walker

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Establishment Clause applies to U.S. foreign policy

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