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Constitution Party Official Position Regarding Church Incorporation
Will religious freedom be written out of our history?
Some (including the ACLU and the West Virginia Legislature) argue that we must amend the West Virginia Constitution because current law treats religious organizations differently than non-religious entities by denying their First Amendment right to incorporate. Actually, that is the point of the First Amendment – “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” NO law! Churches and religious organizations CANNOT be put under the laws of incorporation; they CANNOT be treated as a creation of the government as corporations are.
IRS Pub 1828 says; “Churches that meet the requirements of IRC Section 501(c)(3) [which simply means they are churches] are automatically considered tax exempt and are not required to apply for and obtain recognition of tax-exempt status from the IRS.”
An incorporated church might become “tax exempt” (subject to the whims of the government and the bureaucrats running it!) but an unincorporated church is “non-taxable.”
Also from Pub 1828, “Congress has enacted special tax laws that apply to churches, religious organizations and ministers in recognition of their unique status in American society and of their rights guaranteed by the First Amendment of the Constitution of the United States. Churches and religious organizations are generally exempt from income tax and receive other favorable treatment under the tax law;”
The West Virginia Constitution includes “Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination,” and that is why West Virginia has special laws for churches, including also exempting church property from taxation: “(5) Property used exclusively for divine worship; (6) Parsonages and the household goods and furniture pertaining thereto; (7) Mortgages, bonds and other evidence of indebtedness in the hands of bona fide owners and holders hereafter issued and sold by churches and religious societies for the purposes of securing money to be used in the erection of church buildings used exclusively for divine worship or for the purpose of paying indebtedness thereon;” as well as cemeteries and benevolent property such as schools, orphanages, hospitals.
The prohibition on incorporating is REAL separation of church and state, as intended by the First Amendment. The founders of our constitutional republic and of our state clearly believed that churches must be free of government control.
However, some people disagree with this foundational principle and want to eliminate the freedom and independence of the church that our Constitution and laws are based on.
The West Virginia Nonprofit Corporation Act (2002 HB 2899, WV Code Chapter 31E) is a gargantuan law that, I’m fairly certain, covers every aspect of running a church that was left out of the Bible. The authorizing bill was 140 pages; so it’s pretty likely that (contrary to what the Legislature claims) the state WILL tell churches how to run their organizations.
Furthermore . . . Do you realize that West Virginia is the lone holdout on keeping churches free of government? Just imagine what the IRS can do, what restrictions it can impose, what chains it can use to bind Christ’s church, when that pesky holdout is eliminated? If ALL churches are incorporated, then Pub 1828 can be re-written without the current reminders that churches are special and separate and naturally free of government control. Yes, a lot of laws can be re-written. . . .
Every single church will then fall under the section of Pub 1828, titled, Political Campaign Activity. “Under the Internal Revenue Code, all IRC Section 501(c)(3) organizations, including churches and religious organizations, are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.” etcetera, etcetera, etcetera.
It might even take away the church’s right to “Issue Advocacy.” Yes, that IS still allowed.
Do the churches even care if they are under the government thumb? Maybe not! It’s a convenient “out” to say “I’m not allowed to participate in political activism.” The main concern is not to offend anyone. The donations might stop flowing in.
The problem with religious organizations is that they’re made up of fallible humans. And, just like the evil elitists that we oppose, these humans can succumb to greed. The churches want their donations and the donors want to deduct it from their income tax.
Tax-exempt donations are a natural right that is still allowed, but the IRS has made encroachments.
It has enacted recordkeeping rules, substantiation rules, and – the biggest one – requiring charitable deductions to be lumped with all other deductions on the Long Form and the total amount to exceed the Standard Deduction. All this effectively means that most people no longer bother with it.
Where will it stop? It WON’T stop unless we stop it! Who will stand up for Christ’s church?
Would you like to download a copy of this? Here you go!
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Our Position Statement on 2022 Constitutional Amendments
What do you think our official position on these constitutional Amendments? Let us know
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The Constitution Party of West Virginia supports Amendment 1
….West Virginia Amendment 1,
….Clarification of the Judiciary’s Role in Impeachment Proceedings Amendment
Clarifying that courts have no authority or jurisdiction to intercede or intervene in or interfere with impeachment proceedings of the House of Delegates or the Senate; and specifying that a judgment rendered by the Senate following an impeachment trial is not reviewable by any court of this state.
The constitution gives the sole power of impeachment to the House of Delegates and the sole power to try impeachments to the Senate. The amendment would simply clarify that “no court of this state” has any role at all, either in impeachment proceedings or in review of the outcome.
The court acted improperly in 2018 when the Supreme Court of Appeals prevented the Senate from conducting an impeachment trial of Supreme Court Justices when temporary (substitute) justices ruled that the impeachment proceedings violated the state constitution’s separation of powers clause. This is a ludicrous claim since the constitution allows that, “Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor.” And, only the legislature may impeach.
This clarification is necessary to prevent any future errors of this kind.
The Constitution Party of West Virginia opposes Amendment 2
….West Virginia Amendment 2
….Property Tax Modernization Amendment To amend the State Constitution by providing the Legislature with authority to exempt tangible machinery and equipment personal property directly used in business activity and tangible inventory, personal property directly used in business activity, and personal property tax on motor vehicles from ad valorem property taxation by general law.
….First: Don’t be fooled. Although formally named the “Authorize Tax Exemptions for Vehicles and Personal Property Used for Business Amendment,” it does not authorize a single exemption; it only authorizes the Legislature to consider the matter sometime in the future.
….Second: Even though West Virginia has had Billion Dollar surpluses in recent years, there is actually no plan or incentive to reduce the tax burden on regular citizens.
As Governor Justice has said, the only reason the vehicle tax is included in Amendment 2 is to “get your vote.” What the Legislature wants is the constitutional ability to eliminate taxes on property, equipment and inventory used in business and manufacturing. They view this tax as a hindrance to business which discourages new business from locating in the state and they currently use an exemption of this tax as an incentive for new businesses to start up or move here.
….Third: Property tax is a county tax, administered by the counties. IF the Legislature were inclined to reduce our tax burden, it could easily – and without changing the constitution – have reduced the state income tax. The House has voted three times to reduce the state income tax but the Senate opposed it every time. Why are senators so unwilling to work within their own sphere of authority, attempting instead to commandeer the authority of counties and supplant the officials that are closer to the people?
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The Constitution Party of West Virginia (strongly) opposes Amendment 3
….West Virginia Amendment 3
….Incorporation of Churches or Religious Denominations Amendment To Authorize the incorporation of ….churches or religious denominations.
The current/original wording of West Virginia Constitution, Article 6, Section 47:
“No charter of incorporation shall be granted to any church or religious denomination. Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination.”
….Question 1: Why does the Legislature want this amendment passed? Perhaps it is to bring the constitution in line with W Va Code. Yes, that’s the opposite of proper law-making. But. . . . When HB 2899 (The West Virginia Nonprofit Corporation Act) was passed in 2002, it contained this line: “(b) No charters or certificates of incorporation may be granted or issued to any church or religious denomination.” Yet, somehow, that line is omitted from Code (Chapter 31E), and “religious” is inserted as a lawful purpose. Ask our law-makers how this happened! Every single church incorporation in this state is illegal because it is unconstitutional.
….Question 2: What about separation of church and state?
The founders of our constitutional republic and of our state clearly believed that churches must be free of government control. Corporations, however, are creations of government and must operate under its prescribed laws.
The West Virginia Nonprofit Corporation Act (2002, HB 2899) is a gargantuan law that, I’m fairly certain, covers every aspect of running a church that was left out of the Bible.
It is a fundamental truth that if our laws are in accordance with God’s laws then that can bringblessings and the other can bring cursings.
….Question 3: Is incorporation necessary to become a 501 C(3) with the IRS?
Why would a church even want 501 C(3) status? An incorporated church might become “tax exempt” (subject to the whims of the government and the bureaucrats running it) but an unincorporated church is “non-taxable” under the First Amendment to the U.S. Constitution which maintains that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ….”
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The Constitution Party of West Virginia supports Amendment 4
….West Virginia Amendment 4
….Education Accountability Amendment. The purpose of this amendment is to
clarify that the rules and policies promulgated by the State Board of Education, are subject to legislative review, approval, amendment, or rejection.
The Legislature has “rule-making review” of every department except education which calls itself; a “fourth branch of government.”
We would rather have education decisions made by someone more accountable to parents and voters yet we’re not sure that “politicians” will do a better job than the education establishment. Ideally, we would like a “third option” that would restore the voters’ ability to elect the Superintendent of Free Schools. That might happen next year, but this year we must settle for constraining the Board of Education through Legislative oversight. One thing for certain is that the current education system is not providing the rigorous academics and the incentives for achievement that parents are asking for.
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Great Candidate News in TEN of our C.P. States ! ….. Click it !
Great Candidate News in TEN of our C.P. States ! ….. Click it !
Come to our 2022 Biennial State Convention & Elections Meeting
Say Tuned ……… More Information Coming Soon ……… Guest Speakers
Come to our 2021 Fall Statewide Committee Meeting
We encourage you to join us in Parkersburg, and experience this in person, but if you cannot; … then we have some good news for you. See and Hear it Live Online! ? Right Here > https://livestream.com/accounts/11933679/events/9874413
Special Guest Speakers:
John Leyzorek, of ‘Tactical Civics’
John Leyzorek, of Pocahontas County, WV will explain TACTICAL CIVICS™ , a national plan and organization, devoted to restoring our Constitutional Republic, by the means specified in the our Constitution itself. TACTICAL CIVICS™ is a comprehensive, peaceful, lawful, staged operation, with County Chapters now in over 225 Counties in 45 States, and growing. TACTICAL CIVICS™ shows how We the People can establish actual enforcement of our Constitution, starting in our own Counties, working from there to the States and the federal government. The Constitution Party meets because we venerate our Constitution; Mr. Leyzorek will show us how to enforce it.
Pastor Bo Burgess, of WVBBV.org
Pastor Bo Burgess, the director of West Virginia Baptists for Biblical Values, spends time each week traveling to the capitol in Charleston to meet with government officials, engage other pastors and churches to connect with their senators and delegates, and simply be a light for our Lord Jesus Christ. If you would like to more information about contacting your representatives or supporting West Virginian Baptists for Biblical Values, please contact Pastor Burgess. God bless you and may God bless the great state of West Virginia!
Long Time Member; Phil Hudok
Phil is an active Patriotic American, exposing the truth of Covid, Mandates, and much more. He will give a brief overview and update on the ‘Bill Of Peace 2020’ and several other things. He is a retired School Teacher of many years, and enjoys studying all things via the ‘Scientific Method’ of investigation. He has a weekly podcast on Brighteon, and manages Hudok.info, among other things.
Paper Ballots Required
FOR IMMEDIATE RELEASE:
A vast number of people in America doubt the 2020 election was free of fraud and for good reason.
A computer program can be designed to do whatever the programmer predetermines at any predetermined time. Voting machine companies claim that the computer source code is proprietary and therefore not subject to third party review.
Our form of government relies on confidence and mass participation in the election of their representatives. The most secure form of ballot, the paper ballot, is paramount. What makes this all the more imperative is the fact that there has not been a proper investigation of alarming voting irregularities where voting machines were used in the 2020 November election. West Virginia voting can be commended in not being widely suspect as are many other states. However, the system of voting in West Virginia can be made much more secure, reliable, and pro-active in form and function. Paper ballots are the most secure way of making election choices and providing proof when voting re-counts are requested.
The Constitution Party of West Virginia believes that the people of West Virginia deserve a return to paper ballots and the enhanced peace of mind they bring in the election process.
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Constitution Party of West Virginia Chairman,
Jeffrey Jarrell (304) 771-0088
Protecting Churches from Government
FOR IMMEDIATE RELEASE:
West Virginia Constitution, Article 6, Section 47:
“No charter of incorporation shall be granted to any church or religious denomination. Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination.”
The framers displayed wisdom in Article 6, Section 47 of the 1872 West Virginia Constitution. The prohibiting of church incorporation was in the earlier 1863 Constitution and intentionally retained for obvious reasons. SJR4, Senate Joint Resolution 4, is a move in the legislature to allow incorporation and undo church protection.
Corporations are creations of, and operate under the prescribed laws of a civil government entity. Is an incorporated church the sole creation of a sovereign God? Is an incorporated church free of government control? Has a church through incorporation become unequally yoked?
The founders of our constitutional republic clearly believed and established that churches be free of undo government control. Article 6, Section 47 mandates government make special “provisions” for the title, holding, use, and transfer of church property. This guaranteed that managing God’s property be solely the responsibility of the church.
SJR4, is a resolution to amend the West Virginia Constitution. Incorporation flies against the wisdom which the framers codified in Article 6, Section 47. Furthermore, the West Virginia Constitution Party sees SJR4 as a logical first step in a possible future move for mandatory incorporation of churches.
Contact your representatives and say “No” to SJR4!
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Constitution Party of West Virginia Chairman,
Jeffrey Jarrell (304) 771-0088
Navigating Covid-19 But Leaving Americans’ Liberties Intact
The article is written by former Presidential candidate for the Constitution Party, Darrell Castle
A Response to the Crisis by the Constitution Party
In the management of the current national crisis involving the Covid-19 virus, the actions of the Federal Government are unprecedented and violate the Constitution of the United States in many ways.
First and foremost though, our hearts and prayers go out to our fellow Americans who have lost loved ones and friends the past few months, either from the virus itself or in other ways related to the virus, including those suffering from depression or something similar and whose lives ended tragically too soon. The government’s cure is certainly proving to be more deadly than the disease.
Secondly, the Federal Reserve has been unconstitutional since its creation, thus the entire bailout is also unconstitutional. For 27 years, the Constitution Party has supported an audit and abolishment of the Federal Reserve.
The following unconstitutional actions serve to illustrate that the precedent has been set that the Federal Government can without limit, do anything it wants to do.
- Trillions have been allocated to bailout failing corporations. Capitalism as an economic system has ended because for Capitalism to succeed, corporations must be allowed to fail.
- The economy is in lockdown forcing many businesses to close, resulting in mass unemployment. Businesses both large and small are reduced to going before the Federal Government as beggars in hopes of being handed a way to keep the American workers employed.
- American citizens are ordered to shelter at home and the order is enforced by armed police.
- Houses of worship are ordered to close with some pastors arrested for violating the order.
The Federal Government has taken control of the free market so that now the Federal Government is the market. The Federal Government, with its trillions of new monetary input, is now approximately 50% of GDP so in effect, the Federal Government is the market.
In fairness to the Federal Government, this is an unprecedented and problematic time. Difficult choices must be faced. Save the economy by lifting the stay-at-home orders or save the weak and elderly by continuing the stay-at-home orders long term. A predicted 30% drop in American GDP this quarter represents a reduced lifestyle as well as the impoverishment of millions of people. It will also end their hopes, dreams and aspiration for the future. Mass unemployment is a public health concern since calamities such as depression, stress related disease and suicide always increase. On the other hand, to ignore the danger to the weak and elderly is not a part of the American DNA.
Should the Constitution Party follow suit with the other political parties and second guess the President of the United States as he tries to manage this national crisis? Perhaps the Swedes have something to offer us. They have elected to keep their economy going and enforce social distancing only on the most vulnerable. The young and healthy are working, interacting and thereby building herd immunity. Their system is designed to survive long term, not just for a couple of months. As a result, Swedish GDP is predicted to fall only 4% this quarter.
The United States has a Constitution for a reason, and if our elected officials abide by its restrictions,
- Capitalism would succeed as weak corporations would be allowed to fail and be replaced with stronger corporations. The Free Market would return.
- Mass unemployment would return to near full employment
- The weak and elderly could protect themselves by staying separated from those who might carry a disease that would be harmful to them, much as they do during regular flu season.
- Government would stay out of the business of the churches, synagogues and mosques.
An interesting thing about all this has been the return, however slight, of the concept of federalism which is the founders concept that sovereignty resided in the states, and the federal government had only the powers ceded to it by the states.
The governor of South Dakota, Kristi Noem said, “The people themselves are primarily responsible for their safety.” She quoted both the state and federal Constitutions as restricting her ability to order a stay at home. Governor Noem is opposed in her view by Governor Gretchen Whitmer of Michigan, who seems to have taken totalitarian rule to a new level. Michigan residents are forbidden to travel to their own property within the state. The people of Michigan cannot legally buy seeds or garden equipment, and neither can they buy a car seat for their child’s safety. None of those things are considered essential by the governor.
These examples show Federalism in action versus a one-size fits all approach from Washington DC. It is worth giving President Trump credit for his restraint against issuing a nationwide stay-at-home order because, in his words, “we have a U.S. Constitution” so State and Local governments can best determine what works in their communities.
And finally, the solution to the COVID-19 Pandemic, and any others coming our way in the future, is to FEAR NOT. Fear has always been the tool used most effectively by those who want to rule the entire world and it is fear of catching the virus that has caused most of our fellow Americans to willingly give up their lives and constitutionally protected liberties which were endowed to us by the Creator.
As a responsible political party, we must be willing to tell the Federal Government that there is a better way – the protection of individual rights and a strong economy through the United States Constitution.
Darrell Castle
For the Constitution Party