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Separation of Church and State
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Most people are surprised to know that the Costitution does not contain the words "Separation of Church and State". So, what's its origin? At the time of the constitution, many citizens were concerned that one particular christian denomination would become the official denomination of the USA. The Danbury Baptists sent a letter to President Jefferson addressing their concerns.(Althought the states encouraged Christianity, they would not allow an exclusive state-sponsored denomination.) To calm thier fears, he replied in a letter to them:
"I contemplate with solemn 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."
Why did he select this particular phrase to reassure them?
Recall that he was adressing a group of Baptists, a denomination of which he was not a member. In writing to them, he sought to establish a common ground necessary between an author and the group he was adressing. By using the "wall of separation" he was actually borrowing the words of the Baptist's own prominent ministers; Roger Williams. For William's words had been:
"When they have opened the gap in the hedge or wall of separation between the garden of the church and the wilderness of the world, God hath ever broke down the wall itself...And therefore if he will ever please restore his garden and paradise again, it must of necessity be walled in peculiarly unto himself from the world..."
According to Williams,the "wall of separation" was to protect the "garden of the church" from the "wilderness of the world". That 'wall' was originally introduced as, and understood to be a one-directional wall protecting the church from government. This was also Jefferson's understanding, as conveyed through statements he made concerning the First Amendment (statements now ignored by the court)
Kentucky Resolutions of 1798: No power over the freedom of religion is delegated to the United States by the constitution.
Second Inaugural address: In matters of religion I have considered that its free exercize is placed by the Constitution independent of the powers of the Federal Government.
A letter to Samuel Miller: "I consider the government of the US as prohibited by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the US. (10th Amendment) Certainly, no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the General Government. It must then rest with the States, as far as it can be in any human authority."
Contrary to Jefferson's explanation of the intent, such power no longer rests with the states. In 1947, in Everson v. Board of Educ., the court reversed 150 years of established legal practice under the Constitution and decided that it did have the right to rule on an individual state's decisions regarding religious practice. Prior to that reversal, the courts had left the decisions as Jefferson and all other Founding Fathers had planned it-"resting with the states." State legislatures have been passing laws since the 1600's allowing the free exercise of religious practices in schools and public affairs: voluntary prayer, bible reading, the use of the 10 commandments, etc. These laws had been enacted with the "concent of the governed" and through representatives elected "of the people, by the people and for the people."
Jefferson's words to the Baptist Association were soon forgotten since the rumor of a certain denomination becoming 'the official US church" never became fact. The letter remained in obscurity until 76 years later when it appeared in a case of Reynolds v. United States. The court did not use the words form the letter to separate church and state, but used them in an opposite manner. In that case, Mormans claimed that the first amendment's "free exercise of religion" promise and the "separation of church and state" principle should keep the state out of their 'religious' exercise of polygamy. Using the letter, the court showed that while the government was not free to interfere with opinions on religion, which is what frequently distinguishes between one denomination and another, it was responsible to enforce civil laws oaccording to general Christian denominational differences, not to basic christian principles. On that basis, they ruled polygamy was a violation of the Constitution because it was a violation of basic Christian principles. 70 years after that case, in the 1947 Everson case, the court took 8 words out of Jefferson's letter (A wall of separation of church and state) and adopted that phrase as its new battlecry. It announced for the first time the new meaning of separation of church and state- a separation of basic religious principles from the public arenas. The court did not bother to present the context of Jeffersons phrase and how it had been originally used, nor revealed that it had been applied in an opposite manner in previous Supreme court cases. Those 8 words, now taken out of context, concisely articulated the court's plan to divorce Christianity from public affairs. There is no other instance in american history where the words spoken by an individual becomes the law of the land. His remark carries more weight in judicial circles than does the writing of any other founder. Doesn't it seem unreasonable that the Justices bypass all the other founding Fathers in order to find some words with which they could agree? And even then, they selected someone who was not a part of the convention that formed the Constitutional proceedings or was even in the nation at the time. And on top of that, they used his words in a manner in which he would not have approved! George Washington had much to say about the relationship of christianity to schools and government. Why doesn't the court quote him? The simple answer is that the Justices have found in Jeffersons 8 words what they want the First Amendment to say, and not what our Founding Fathers framed it to say, and not even what Jefferson understood it to say.
There is no 'wall of separation' in the Constitution, unless it is a wall intended by the Founding Fathers to keep Government out of the church. Jefferson's words have been twisted to mean the opposite; now, the state must be "protected" from the church!
There is nothing so absurd but if you repeat it often enough people will believe it. It is amazing what continually hearing about separation of church and state can do to a nation!!!!