By Michael Gerson, Published: June 20
On the issue of Muslims serving in public office, every explanation by presidential candidate Herman Cain becomes a complication. In three instances Cain affirmed that Muslims would not be allowed to serve in his Cabinet or administration. “Many of the Muslims,” he explained, “they’re not totally dedicated to this country.” Cain then amended his remarks to say that, while Muslims would be allowed to serve, they should be subject to “extra precautions” not applied to Catholics or Mormons.
It is unclear what this would mean in practice. Presidential appointees already swear an oath of loyalty to the Constitution. I took mine in 2001 in the East Room of the White House — a solemn and sobering affair. High-ranking officials are subject to an extensive FBI background check, including the disclosure of every place one has lived and every country one has visited. FBI agents questioned an elderly, frightened woman who had been my neighbor 15 years before. She denied ever having laid eyes on me. Cabinet secretaries are given the added scrutiny of a Senate hearing, based on endless pages of intrusive, written questions ...
The Constitution addresses this matter directly. Article VI requires legislative, judicial and executive officials to take a loyalty oath to the Constitution. It continues: “No religious test shall ever be required as a qualification to any office or public trust under the United States.” After Charles Pinckney of South Carolina proposed this language at the Constitutional Convention, a delegate to North Carolina’s ratifying convention objected that it would allow “pagans, deists and Mahometans” to seek office. It was ratified anyway — even though many state constitutions at the time contained religious tests. In urging ratification, James Madison dismissed these state restrictions as “less carefully and properly defined” than the federal document. Government service, he argued, should be “open to merit of every description, whether native or adoptive, whether young or old, and without regard to poverty or wealth, or to any particular profession of religious faith.” ...
http://www.washingtonpost.com/opinions/herman-cains-modern-day-religious-test/2011/06/20/AG6PsVdH_story.html