Trump Finds His Pay Grade

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

Now we know why it’s the President who gets paid the big bucks — it’s the First Amendment. That epiphany struck in the wake of President Trump’s declaration today that houses of worship will be considered among those institutions that are “essential services.” He called on governors to “do the right thing” and “reopen them immediately.” Plus, too, he said if the governors fail to step up, he would “override them.”

This is being met with indignation in the secular press. Feature, say, the Daily Beast, which describes the President as trying “to stoke an ugly battle with governors over religion” by “demanding that every house of worship in the country reopen ‘right now’ regardless of state rules.” We’re notoriously slow, we admit, but we don’t see where the President ordered any — even one — church, synagogue, or mosque to do anything.

The President, it seems, gets the spirit of the First Amendment. It doesn’t require houses of worship to do anything. It doesn’t even grant religious institutions, or religious persons, rights. They are endowed with their rights by God. What the Constitution’s First Amendment does is prohibit Congress from interfering with God-given rights — a prohibition that the courts have incorporated as binding on the states as well.

So what Mr. Trump is doing is exactly what the Constitution requires him to do — forbear from abridging the free exercise of religion. What a contrast the president is to, say, Governor Murphy of New Jersey. He sent officers to a synagogue and owing to alleged failures to observe social distancing charged 15 men who were there for a funeral. It was a shocking development, and led to Tucker Carlson asking the governor about it on television.

“By what authority did you nullify the Bill of Rights in issuing this order?” is how Mr. Carlson put it, referring to the governor’s order to regulate religious services. “How do you have the power to do that?” That’s when Mr. Murphy answered: “That’s above my pay grade. I wasn’t thinking of the Bill of Rights when we did this.” Science,” he explained, says “people have to stay away from each other.”

How many religious institutions will open up to in-person worship in their sanctuaries, and on what specs, we don’t know. Our guess is that each congregation will reason out the most responsible approach for its circumstances. Governors and state authorities are free to make recommendations. If they try to interfere, though, it’s not true that Mr. Trump would lack for authority.

On the contrary, he is sworn to a Constitution that grants him the authority — and obligation — to take care that the laws be faithfully executed. The First Amendment is but one of the most famous of these laws. So Mr. Trump could, need be, take states and governors to court and compel them to comply with the Bill of Rights. That’s why he gets paid the big bucks, and, not to put too fine a point on it, it’s cheap at the price.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use