Can a Small Piece of Tax Code Overrule the Constitution?

In the early 1950's then-Senator L.B. Johnson added an amendment to the tax code. It said that a religious organization may not use a substantial portion of its resources for political activities. That helps separate groups whose main purpose is lobbying or campaigning or is otherwise political from groups that truly have a religious purpose primarily.

But in recent years the ACLU and other groups have "turned in" churches to the IRS if their pastors spoke out about political issues. But does a pastor's free speech, even from the pulpit, constitute using a substantial portion of the church's resources?

And even if it did, could an amendment to tax law nullify a provision of the Bill of Rights (free speech)? One would think not. Fortunately the Alliance Defense Fund (ADF) has stepped in the defend the rights of pastors in such circumstances. But isn't it a shame that one needs a powerful group behind them to guarantee rights the Founders specified for us over 200 years ago?

Read more at the link below:

http://www.christianpost.com/article/20100622/legal-group-to-defend-church-reported-to-irs/