THE CONSTITUTION PART II - THE SEPARATION OF CHURCH AND STATE
Amendment I - "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
There are many aspects of the misconception concerning the Constitution that this series will address that fall chronologically before this particlular subject. In The Bill of Rights, the first ten Amendments to the Constitution the Founders established that freedom of religion is the first and foremost right that we as Americans and free people experience in this country. Therefore since it is a right that the founders understood was the first and most important for our citizens it is the first misconception that this series will address.
The main contention concerning our right in America for religious freedom whether we practice, follow or do not adhere to any particular religion or belief is the false notion of the Separation of Church and State. This notion has been hammered by many for so long that most of the nation accepts falsely that this phrase actually appears in the Constitution. The, "Establishment Clause, " in the First Amendment as quoted above neither contains this phrase nor makes any contention that church should be separated from the state but rather that the Congress shall not establish any religion by law as the religion of the state.
To fully understand what the Founders intent was in this first of our cherished freedoms and where the notion of a, "separation, " of church from state came from certain historical facts must first be established.
When the Pilgrims landed on this continent they were leaving Europe to flee from religious persecution and seeking freedom to worship as they saw fit. This they could not practice in Europe thus their journey to America. As Puritans the Pilgrims because of the European laws concerning state churches could not freely practice their form of belief. Europe then as today established a state sponsored church and one must belong to this particular church to marry, bury, legally recognize a child's birth and in some instances even to own property. For instance in Germany the Lutheran church is the official church of the state and one must be a member of that church for legal purposes. Today one may worship in the church of their choice but must belong to the Lutheran Church to be legal. This ability to worship as one feels while still belonging to the state church was not the case in the 1600's so the Pilgrims embarked on their American journey.
Once they established themselves in the land they actually began practicing a form of the very religious persecution they had fled from. They established a form of Puritanism as the only acceptable religion which resulted in much persecution and eventually the Salem Witch Trials.
The Founding Fathers in order to prevent religious persecution and establish freedom to worship one's God as one would wish stated that Congress shall pass no law establishing religion thus preventing a state sponsored church and religion leaving it up to the individual as how to worship his God or choose not to believe in God at all.
The idea of, "Separation of Church and State, " comes not from the Constitution but from a letter written by the President Thomas Jefferson to the Danbury Baptist Association in 1802. The Danbury Baptists were a religious minority in Connecticut, and they complained that in their state, the religious liberties they enjoyed were not seen as immutable rights, but as privileges granted by the legislature - as "favors granted."
Jefferson's response was as follows. "Believing with you that religion is a matter which lies solely between man & his god, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state."
In this Jefferson was once again stating that the state in accordance with the First Amendment shall make no law respecting religious establishment. This mention of , "separation, " by Jefferson has been the hallmark since to falsely state that , "separation of church and state, " is a Constitutional fact.
The original intent of the Founders was not to eliminate church, or religion from the state but to establish that all Americans would have the right and freedom to worship ones God in the manner of their own conscience. They also established that one who does not believe in God would have that right in this nation as well. Eliminating any semblance of religion or practice thereof from state gatherings, buildings, property or anything else pertaining to the state was not their intent or their wish.
The freedom of religion also establishes that if a religious practice is being performed or displayed whether in private or on state property one has the right to not recognize or participate in that meeting, prayer, display or practice.
The words of Thomas Jefferson in his letter to the Danbury Baptist Association have been used to attempt to eliminate religion from all aspects of our government which was not the intent of the Founders in establishing freedom of religion. In this country whether one is Christian, Jewish, Muslim, Buddhist, or even Atheist, one has the right and freedom to practice or not practice their beliefs in the manner of their conscience and the time and place of their choosing.
We are a nation founded upon and established through law as stated in the Constitution to have the ability and freedom to worship or not to worship as we as individuals see fit. A right established as the first of our rights and whether we are in the halls of Congress, the White House, our State Capitol a public library or the privacy of our own living rooms a right that we as Americans can practice or display freely without fear of persecution or our removal from the place we choose to participate or not participate in this freedom.
Ken Taylor
There are many aspects of the misconception concerning the Constitution that this series will address that fall chronologically before this particlular subject. In The Bill of Rights, the first ten Amendments to the Constitution the Founders established that freedom of religion is the first and foremost right that we as Americans and free people experience in this country. Therefore since it is a right that the founders understood was the first and most important for our citizens it is the first misconception that this series will address.
The main contention concerning our right in America for religious freedom whether we practice, follow or do not adhere to any particular religion or belief is the false notion of the Separation of Church and State. This notion has been hammered by many for so long that most of the nation accepts falsely that this phrase actually appears in the Constitution. The, "Establishment Clause, " in the First Amendment as quoted above neither contains this phrase nor makes any contention that church should be separated from the state but rather that the Congress shall not establish any religion by law as the religion of the state.
To fully understand what the Founders intent was in this first of our cherished freedoms and where the notion of a, "separation, " of church from state came from certain historical facts must first be established.
When the Pilgrims landed on this continent they were leaving Europe to flee from religious persecution and seeking freedom to worship as they saw fit. This they could not practice in Europe thus their journey to America. As Puritans the Pilgrims because of the European laws concerning state churches could not freely practice their form of belief. Europe then as today established a state sponsored church and one must belong to this particular church to marry, bury, legally recognize a child's birth and in some instances even to own property. For instance in Germany the Lutheran church is the official church of the state and one must be a member of that church for legal purposes. Today one may worship in the church of their choice but must belong to the Lutheran Church to be legal. This ability to worship as one feels while still belonging to the state church was not the case in the 1600's so the Pilgrims embarked on their American journey.
Once they established themselves in the land they actually began practicing a form of the very religious persecution they had fled from. They established a form of Puritanism as the only acceptable religion which resulted in much persecution and eventually the Salem Witch Trials.
The Founding Fathers in order to prevent religious persecution and establish freedom to worship one's God as one would wish stated that Congress shall pass no law establishing religion thus preventing a state sponsored church and religion leaving it up to the individual as how to worship his God or choose not to believe in God at all.
The idea of, "Separation of Church and State, " comes not from the Constitution but from a letter written by the President Thomas Jefferson to the Danbury Baptist Association in 1802. The Danbury Baptists were a religious minority in Connecticut, and they complained that in their state, the religious liberties they enjoyed were not seen as immutable rights, but as privileges granted by the legislature - as "favors granted."
Jefferson's response was as follows. "Believing with you that religion is a matter which lies solely between man & his god, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state."
In this Jefferson was once again stating that the state in accordance with the First Amendment shall make no law respecting religious establishment. This mention of , "separation, " by Jefferson has been the hallmark since to falsely state that , "separation of church and state, " is a Constitutional fact.
The original intent of the Founders was not to eliminate church, or religion from the state but to establish that all Americans would have the right and freedom to worship ones God in the manner of their own conscience. They also established that one who does not believe in God would have that right in this nation as well. Eliminating any semblance of religion or practice thereof from state gatherings, buildings, property or anything else pertaining to the state was not their intent or their wish.
The freedom of religion also establishes that if a religious practice is being performed or displayed whether in private or on state property one has the right to not recognize or participate in that meeting, prayer, display or practice.
The words of Thomas Jefferson in his letter to the Danbury Baptist Association have been used to attempt to eliminate religion from all aspects of our government which was not the intent of the Founders in establishing freedom of religion. In this country whether one is Christian, Jewish, Muslim, Buddhist, or even Atheist, one has the right and freedom to practice or not practice their beliefs in the manner of their conscience and the time and place of their choosing.
We are a nation founded upon and established through law as stated in the Constitution to have the ability and freedom to worship or not to worship as we as individuals see fit. A right established as the first of our rights and whether we are in the halls of Congress, the White House, our State Capitol a public library or the privacy of our own living rooms a right that we as Americans can practice or display freely without fear of persecution or our removal from the place we choose to participate or not participate in this freedom.
Ken Taylor
posted by The Liberal Lie The Conservative Truth | 11:28 AM
5 Comments:
I agree with everything you said and there's only one way to interpret "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof", especially if one takes in account the time it was written, why it was written and who approved it.
That said, mere words such as those found in the Bill of Rights will not deter the ongoing assault on Christianity. Our politicains have failed us and the last remaing barrier keeping the godless from fully enviscerating the shrinking right proclaimed by the 1st amendment is the US Supreme Court. Unfortunately, it's also proven to be as ideological driven and spineless as our so-called "representatives".
Our choice left are few.
Great post!
Liberals don't let the language or original intent of the Constitution hinder their agenda. They seem to have a very fluid definition of what they consider to be an "establishment" of religion while at the same time completely ignoring the "prohibiting the free exercise thereof" clause.
Keep up the great work.
Hook
No liberal seems to be very much of a historian either. Thomas Jefferson was most likely the least religious founding father, but he still attended church services during his presidency in the House chamber!
The man who wrote the Declaration of Independence and one of the framers of the Constitution didn't think there was anything wrong with Christian worship services in the U.S. House chamber, and you're trying to pin some liberal shit on him that he wouldn't favor the 10 commandments on our public buildings? Please. Give me a break.
Vern, where do you get the idea that you have any knowledge of my reaction to your above percieved notion about my thoughts ?
If you had read the post completely you would have recognized that it stated that religious freedom applies to ALL religions and also to those who choose NOT to practice religion. Again to imply that I would have been anti-semetic, "60 years, " ago is also an insult to my intelligence. This has nothing to do with , "state sponsored Christianity but the truth that the Constitution does NOT advocate the separation of church and state.
If anyone regardless of belief wishes to practice that belief in this country then it is their Constitutional right to practice where they wish and when they wish. Those who do not wish to practice that particular belief have the same right to NOT participate if they so choose!
Your ridiculous assumption that I would sing a different tune were it to apply to anything other than Christinity is beneath you and slaps me in the face as an individual because you are accusing me of religious prejudice without knowing me or having even discussed my thoughts concerning the matter.
Making a blanket statement on a precieved notion because you disagree with my political stance is prejuditial in itself. So my friend before you begin pointing the finger of blame at me maybe you had better look in the mirror!
But that goes double.
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