now think about this walter, had obama actually given an opinion one way or the other, it would undoubtedly open him up to a barrage of complaints that he is either denying this group their constitutional right, or that he is a closet muslim (and naturally, people would take that in the direction of him being a terrorist).
if you take the president's two comments together as a single answer, he did the right thing by saying it is within their rights to do, but stayed away from the moral side of the issue.
morals and values differ from person to person and let's face it, upholding the constitution is not about what is morally right or wrong anymore, just ask any courtroom lawyer. i'm sure there are plenty of gun owners out there who have absolutely no busness with a firearm, but hey, it's their constitutional right to own one. and likewise, there are plenty of people that spew hate speech over the airwaves, in papers and on television everyday. they're doing more of a disservice to this nation than they know, by fostering fear and intollerance. but you know what? all of that is protected under the constitution as well.
so like it or not, it is perfectly within the rights of this group of muslims to build their mosque in the former burlington coat factory (two blocks away from ground zero). would it be insensitive? yes, absolutely. is it up to any government bodies to decide whether it is right or wrong? no, defintiely not. and to suggest that the decision be put on the shoulders of a president you already don't like is a very thinnly veiled attempt at presenting him the worst light you possibly can.
during world war ii, japanese americans were rounded up in many parts of the country and were made to live in compounds so they could be kept under supervision. when i was in junior high, we learned about this, and how big of a mistake it was and how much of an afront it was to those people, many of whom were born in this country. i wonder how history books will reflect the day the land of the free came to oppose religious freedom?

you're right that far too many people, too many times, hide behind the never ending maze of laws that have stemmed from people arguing over individual interpretations of the constitution. however, sense, sensitivity and respect are not cards to be played only when it suits the desires of certain people. it's got to be all or nothing. besides, since when is freedom of religion a this or a that? it's one of the primary pillars of our nation.
often times — and i'm sure if you honestly search your memory you'll see what i'm talking about — when someone calls for sense, sensitivity or respect on a particular social issue, they are quickly labeled a socialist or an anti-american. in this case though, it's supposed to be american to hate/fear an entire religion because of the actions of an extremist sect? that's a pretty big double standard considering the respect that christians demand for their beliefs despite some terrible terrible atrocities over the years. something is not bad just because your particular sensitivities say so at this moment.
should the nra have held a rally in denver just days after the colombine tragedy? wasn't that insensitive and disrespectful? yes, it was, but it was within their rights to assemble.
i never thought i'd see the day when you look at the constitution itself as merely something to hang your hat upon, or call exercising religious freedom opening a can of worms. this is not a question of should or should not, it is a question of can and it is something they can do. opposition to the mosque is primarily based in the false assumption that all muslims hate and want to kill us, but don't forget, there were a lot of innocent muslims lost that day too. hell, the pentagon has a mosque in it and i don't remember hearing anyone suggest they remove it after 9/11. ground zero is buzzing with people exercising the freedom of capitalism, selling twin tower memorabelia and stuff like that all around there. is that honoring the sanctity of that spot by raking in tourist dollars, exploiting the tragedy that took place there? i don't think so, but you may disagree.