The words 'separation of church and state' not in the Constitution
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buckeye - 02 Jul 2009 12:32 GMT The words 'separation of church and state' not in the Constitution
http://www.citizen-times.com/apps/pbcs.dll/article?AID=/20090701/OPINION02/90630070
John E. Stewart III, Asheville July 1, 2009 01:03 PM
I tire of people so eager to advance their argument that they twist words and tell outright lies. For example, Rob Thomas of Matchbox 20, blogging at Huffington Post, pressed his argument for gay marriage recently by saying our Founding Fathers ...put into their brand new constitution (sic) a separation of church and state so that the ideals of a group of people could never be forced onto the whole.
Hogwash. The words separation of church in state do not appear in the U.S. Constitution. They won't be found in the Bill of Rights, either.
Thomas Jefferson's letter to the Danbury Baptist Association was the first place a private citizen, a Founding Father, suggested this opinion. It became the basis for several groups' lawsuits that ultimately reached the Supreme Court, and there is where the origin of the misinformation began.
If those with an agenda don't have the facts on their side maybe they have the wrong side.
Our government cannot encroach on our religious rights or force anyone to accept a religion of its choosing. Believe what you wish, live as you wish and don't interfere with others doing the same. It is a concept the left just can't quite grasp.
John E. Stewart III, Asheville
*************************************************************** You are invited to check out the following:
The Rise of the Theocratic States of America http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of Church and State in general, listed below]
HRSepCnS · Historical Reality SepChurch&State http://groups.yahoo.com/group/HRSepCnS/
*************************************************************** . . . You can't understand a phrase such as "Congress shall make no law respecting an establishment of religion" by syllogistic reasoning. Words take their meaning from social as well as textual contexts, which is why "a page of history is worth a volume of logic." New York Trust Co. v. Eisner, 256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.). Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992) . . . **************************************************************** James Veverka wrote: One of the ways to counter the attack on American Constitutional principles by the religious right is to address their revisionism, misinformation and distortions.
**************************************************************** USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future; facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the plethora of radical Christian propaganda and lies that we find at almost every media turn.
***************************************************************** THE CONSTITUTIONAL PRINCIPLE: SEPARATION OF CHURCH AND STATE http://members.tripod.com/~candst/index.html
****************************************************************
Jimbo - 02 Jul 2009 14:50 GMT > The words 'separation of church and state' not in the Constitution > [quoted text clipped - 75 lines] > > **************************************************************** James Madison, primary author of the US Constitution quotes:
Direct references to separation:
The civil Government, though bereft of everything like an associated hierarchy, possesses the requisite stability, and performs its functions with complete success, whilst the number, the industry, and the morality of the priesthood, and the devotion of the people, have been manifestly increased by the total separation of the church from the State (Letter to Robert Walsh, Mar. 2, 1819).
Strongly guarded as is the separation between religion and & Gov't in the Constitution of the United States the danger of encroachment by Ecclesiastical Bodies, may be illustrated by precedents already furnished in their short history (Detached Memoranda, circa 1820).
Every new and successful example, therefore, of a perfect separation between the ecclesiastical and civil matters, is of importance; and I have no doubt that every new example will succeed, as every past one has done, in showing that religion and Government will both exist in greater purity the less they are mixed together (Letter to Edward Livingston, July 10, 1822). I must admit moreover that it may not be easy, in every possible case, to trace the line of separation between the rights of religion and the civil authority with such distinctness as to avoid collisions and doubts on unessential points. The tendency to a usurpation on one side or the other or to a corrupting coalition or alliance between them will be best guarded against by entire abstinence of the government from interference in any way whatever, beyond the necessity of preserving public order and protecting each sect against trespasses on its legal rights by others. (Letter Rev. Jasper Adams, Spring 1832).
To the Baptist Churches on Neal's Greek on Black Creek, North Carolina I have received, fellow-citizens, your address, approving my objection to the Bill containing a grant of public land to the Baptist Church at Salem Meeting House, Mississippi Territory. Having always regarded the practical distinction between Religion and Civil Government as essential to the purity of both, and as guaranteed by the Constitution of the United States, I could not have otherwise discharged my duty on the occasion which presented itself (Letter to Baptist Churches in North Carolina, June 3, 1811). Madison's summary of the First Amendment:
Congress should not establish a religion and enforce the legal observation of it by law, nor compel men to worship God in any manner contary to their conscience, or that one sect might obtain a pre- eminence, or two combined together, and establish a religion to which they would compel others to conform (Annals of Congress, Sat Aug 15th, 1789 pages 730 - 731).
buckeye - 03 Jul 2009 15:20 GMT >:|James Madison, primary author of the US Constitution quotes: >:| [quoted text clipped - 45 lines] >:|they would compel others to conform (Annals of Congress, Sat Aug 15th, >:|1789 pages 730 - 731). You were corrected on the above quote before but you don't seem to want to correct it:
This is the correct version:
The above quote isn't quite accurate. Madison did say the above but not as one quote. See below:
Congressional Debates: Religious Amendments, 1789 http://candst.tripod.com/1stdebat.htm
August 15, 1789 First Federal Congress (Amendments-religious reference)
[House of Representatives]
The House again went into a Committee of the Whole on the proposed amendments to the Constitution. Mr. Boudinot in the chair.
The fourth proposition being under consideration, as follows:
(Religious Reference)
Article 1. Section 9. Between paragraphs two and three insert 'no religion shall be established by law, nor shall the equal rights of conscience be infringed.
Mr. SYLVESTER had some doubts of the propriety of the mode of expression used in this paragraph. He apprehended that it was liable to a construction different from what had been made by the committee. He feared it might be thought to abolish religion altogether.
Mr. VINING suggested the propriety of transposing the two members of the sentence.
Mr. GERRY said it would read better if it was no religious doctrine shall be established by law.
Mr. SHERMAN thought the amendment altogether unnecessary, inasmuch as Congress had 'no authority whatever delegated to them by the Constitution to make religious establishments; he would, therefore, move to have it struck out.'
Mr. CARROLL As the rights of conscience are, in their nature, a peculiar delicacy, and will little bear the gentlest touch of governmental hand; and as many sects have concurred in opinion that they are not well secured under the present constitution, he said he was much in favor of adopting the words. He thought it would tend more towards conciliating the minds of the people to the government than almost any other opinion he heard proposed. He would not contend with gentlemen about the phraseology, his object was to secure the substance in such a manner as to satisfy the wishes of the honest part of the community.
[**** EMPHASIS ADDED BY ME ****]
Mr. MADISON said he apprehended the meaning of the words to be, that ****Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience.**** Whether the words are necessary or not, he did not mean to say, but they had been required by some of the state conventions, who seemed to entertain an opinion, that under the clause of the Constitution, which gave power to Congress to make all laws necessary and proper to carry into execution the constitution, and the laws made under it, enabled them to make laws of such a nature as might infringe the rights of conscience, and establish a national religion; to prevent these effects he presumed the amendment was intended, and he thought it as well expressed as the nature of the language would admit.
Mr. HUNTINGTON said that he feared, with the gentleman first up on this subject, that the words might be taken in such latitude as to be extremely hurtful to the cause of religion. He understood the amendment to mean what had been expressed by the gentleman from Virginia; but others might find it convenient to put another construction on it. The ministers of their congregations to the eastward were maintained by contributions of those who belong to their society; the expense of building meeting houses was contributed in the same manner. These things were regulated by bylaws. If an action was brought before a federal court on any of these cases, the person who had neglected to perform his engagements could not be compelled to do it; for a support of ministers or buildings of places of worship might be construed into a religious establishment.
By the charter of Rhode Island, no religion could be established by law; he could give a history of the effects of such a regulation; indeed the people were now enjoying the blessed fruits of it. He hoped, therefore, the amendment would be made in such a way as to secure the rights of conscience, and the free exercise of religion, but not to patronize those who professed no religion at all.
Mr. MADISON thought, if the word 'National' was inserted before religion, it would satisfy the minds of honorable gentlemen. He believed that the people feared ****one sect might obtain a pre-eminence, or two combined together, and establish a religion, to which they would compel others to conform.**** He thought if the word 'National' was introduced, it would point the amendment directly to the object it was intended to prevent.
Mr. LIVERMORE was not satisfied with the amendment; but he did not wish them to dwell long on the subject. He thought it would be better if it were altered, and made to read in this manner, that Congress shall make no laws touching religion, or infringing the rights of conscience.
Mr. GERRY did not like the term National, proposed by the gentleman from Virginia, and he hoped it would not be adopted by the House. It brought to his mind some observations that had taken place in the Conventions at the time they were considering the present constitution. It had been insisted upon by those who were called anti-federalists, that this form of government consolidated the union; the honorable gentleman's motion shows that he considers it in the same light. Those who were called anti-federalists at that time, complained that they were in favor of a federal government, and the others were in favor of a National one; the federalists were for ratifying the constitution as it stood, and the others did not until amendments were made. Their names then ought not to have been distinguished by federalists and anti-federalists, but rats and anti-rats.
Mr. MADISON withdrew his motion but observed that the words single 'no National religion shall be established by law', did not apply that the government was a national one; the question was then taken on MR. LIVERMORE's motion, and passed in the affirmative 31 for it, and 20 against it.(5)
(End of Religious Reference)
(5). The Debates and Proceedings in the Congress of the United States (Annals of Congress), August 15, 1789, Vol. I, Joseph Gales, published by Gales and Seaton, Washington, 1834, pp 729-749.
ALSO there is some problems with the page numbers
From the online sorce we have the following: http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=001/llac001.db&recNum=380 It shows the entire converstation is recored on pages 757 -759.
Though it is possible that print publications, different editions of such might have shown different page numbers. They shouldn't have since they should have photocopied the original pages.
I am in a hurry but will post the exact pages numbers of that particular discourse later today when I have more time. ************************************************************
It is always good to get in the habit of using proper citation. That greatly reduces the number of bogus quotes that can be found all over the Internet and makes it possible to verify the quotes. It is also the proper way of doing it
The following gives the complete and proper cites:
************************************************************ James Madison on Separation of Church and State Direct references to separation to be found in the writings of James Madison ---------------------------------------- OCTOBER 1, 1803
Notes for annual message, Oct. 17, 1803: alterations and additions, etc [1] (3) after "assure"-are proposed "in due season, and under prudent arrangements, important aids to our Treasury, as well as," an ample etc. Quere: if the two or three succeeding paragraphs be not more adapted to the separate and subsequent communication, if adopted as above suggested. (4) For the first sentence, may be substituted "In the territory between the Mississippi and the Ohio another valuable acquisition has been made by a treaty etc."[3.] As it stands, it does not sufficiently distinguish the nature of the one acquisition from that of the other, and seems to imply that the acquisition from France was wholly on the other side of the Mississippi May it not be as well to omit the detail of the stipulated considerations, and particularly that of the Roman Catholic Pastor. The jealousy of some may see in it a principle, not according with the exemption of Religion from Civil power. In the Indian Treaty it will be less noticed than in a President's speech.[4.] FOOTNOTES: [1.] For TJ's third annual message to Congress, Oct. 17, 1803, see Ford, VIII, pp. 266-7) [3.] TI's message announced the acquisition of territory by treaty from the Kaskaskia Indians; see Ford, VIII, pp. 269-70. [4.] TJ accepted JM's suggestion to omit any discussion of Indian treaty requirements to maintain a Roman Catholic priest, leaving the stipulations in the treaty to "the competence of both houses.... as soon as the senate shall have advised its ratification"; see ibid. (SOURCE OF INFORMATION: James Madison to Thomas Jefferson, Washington, Oct. 1, 1803, Notes for annual message, Oct. 17, 1803: alterations and additions, etc.[1.], The Republic of Letters, the Correspondence between Thomas Jefferson and James Madison, 1776-1826, Edited by James Morton Smith, Vol. II, 1790 -1804, W. W. Norton & Company, New York, London, (1995) pp 1297-98) --------------------------------------------------------------
MARCH 2, 1819
"The civil Government, though bereft of everything like an associated hierarchy, possesses the requisite stability, and performs its functions with complete success, whilst the number, the industry, and the morality of the priesthood, and the devotion of the people, have been manifestly increased by the total separation of the church from the State." (SOURCE OF INFORMATION: Excert of a letter to Robert Walsh from James Madison. MARCH 2, 1819 Letters and Other writings of James Madison, in Four Volumes, Published by Order of Congress. VOL. III, J. B. Lippincott & Co. Philadelphia, (1865), pp 121-126. James Madison on Religious Liberty, Robert S.Alley, Prometheus Books, Buffalo, N.Y. (1985) pp 82-83)
---------------------------------------------------------- 1817-1833
"Strongly guarded as is the separation between religion and Gov't in the Constitution of the United States the danger of encroachment by Ecclesiastical Bodies, may be illustrated by precedents' already furnished in their short history" (SOURCE OF INFORMATION: Excerpt from Madison's Detached Memoranda. This document was discovered in 1946 among the papers of William Cabell Rives, a biographer of Madison. Scholars date these observations in Madison's hand sometime between 1817 and 1832. The entire document was published by Elizabeth Fleet in the William and Mary Quarterly of October 1946. ---------------------------------------------------------- JULY 10, 1822
"Every new and successful example, therefore, of a perfect separation between the ecclesiastical and civil matters, is of importance; and I have no doubt that every new example will succeed, as every past one has done, in showing that religion and Government will both exist in greater purity the less they are mixed together" (SOURCE OF INFORMATION: Excerpt of letter to Edward Livingston from James Madison, July 10, 1822. Letters and Other writings of James Madison, in Four Volumes, Published by Order of Congress. VOL. III, J. B. Lippincott & Co. Philadelphia, (1865), pp 273-276. James Madison on Religious Liberty, Robert S.Alley, Prometheus Books, Buffalo, N.Y. (1985) pp 82-83)
--------------------------------------------------------------- SEPTEMBER 1833
"I must admit moreover that it may not be easy, in every possible case, to trace the line of separation between the rights of religion and the civil authority with such distinctness as to avoid collisions and doubts on unessential points. The tendency to a usurpation on one side or the other or to a corrupting coalition or alliance between them will be best guarded against by entire abstinence of the government from interference in any way whatever, beyond the necessity of preserving public order and protecting each sect against trespasses on its legal rights by others". (SOURCE OF INFORMATION: Letter written by James Madison to Rev. Jasper Adams, September, 1833.Writings of James Madison, edited by Gaillard Hunt, [not sure what the volume number is but have enough information presented here to locate the letter] microform Z1236.L53, pp 484-488. ) ------------------------------------------------------------------
There is another here you didn't include:
DECEMBER 3, 1816
And may I not be allowed to add to this gratifying spectacle that I shall read in the character of the American people, in their devotion to true liberty and to the Constitution which is its palladium, sure presages that the destined career of my country will exhibit a Government pursuing the public good as its sole object, and regulating its means by the great principles consecrated in its charter and by those moral principles to which they are so well allied; a Government which watches over the purity of elections, the freedom of speech and of the press, the trial by jury, and the equal interdict against encroachments and compacts between religion and the state; . . .
JAMES MADISON. (SOURCE OF INFORMATION: Excerpt from James Madison's 8th Annual Message to Congress pp. A compilation of the Messages and Papers of the Presidents, 1789-1897, James D Richardson ed. Volume I, Bureau of National Literature, NY (1897) 564-565
*************************************************************** You are invited to check out the following:
The Rise of the Theocratic States of America http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of Church and State in general, listed below]
HRSepCnS · Historical Reality SepChurch&State http://groups.yahoo.com/group/HRSepCnS/
*************************************************************** . . . You can't understand a phrase such as "Congress shall make no law respecting an establishment of religion" by syllogistic reasoning. Words take their meaning from social as well as textual contexts, which is why "a page of history is worth a volume of logic." New York Trust Co. v. Eisner, 256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.). Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992) . . . **************************************************************** James Veverka wrote: One of the ways to counter the attack on American Constitutional principles by the religious right is to address their revisionism, misinformation and distortions.
**************************************************************** USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future; facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the plethora of radical Christian propaganda and lies that we find at almost every media turn.
***************************************************************** THE CONSTITUTIONAL PRINCIPLE: SEPARATION OF CHURCH AND STATE http://members.tripod.com/~candst/index.html
****************************************************************
buckeye - 04 Jul 2009 10:06 GMT >:|Congress should not establish a religion and enforce the legal >:|observation of it by law, nor compel men to worship God in any manner >:|contary to their conscience, or that one sect might obtain a pre- >:|eminence, or two combined together, and establish a religion to which >:|they would compel others to conform (Annals of Congress, Sat Aug 15th, >:|1789 pages 730 - 731). The correct version of the above should read as follows:
Mr. MADISON said he apprehended the meaning of the words to be, that Congress should not establish a religion and enforce the legal observation of it by law, nor compel men to worship God in any manner contary to their conscience, or that one sect might obtain a pre- eminence, or two combined together, . . .
. . . He believed that the people feared one sect might obtain a pre-eminence, or two combined together, and establish a religion, to which they would compel others to conform. . . The Debates and Proceedings in the Congress of the United States (Annals of Congress), August 15, 1789, Vol. I, Joseph Gales, published by Gales and Seaton, Washington, 1834, pp 730 - 731.
From the online sorce we have the following: http://memory.loc.gov/cgi-bin/ampage?collId=llac&fileName=001/llac001.db&recNum=380 It shows the entire converstation is recorded on pages 757 -759.
*************************************************************** You are invited to check out the following:
The Rise of the Theocratic States of America http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of Church and State in general, listed below]
HRSepCnS · Historical Reality SepChurch&State http://groups.yahoo.com/group/HRSepCnS/
*************************************************************** . . . You can't understand a phrase such as "Congress shall make no law respecting an establishment of religion" by syllogistic reasoning. Words take their meaning from social as well as textual contexts, which is why "a page of history is worth a volume of logic." New York Trust Co. v. Eisner, 256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.). Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992) . . . **************************************************************** James Veverka wrote: One of the ways to counter the attack on American Constitutional principles by the religious right is to address their revisionism, misinformation and distortions.
**************************************************************** USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future; facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the plethora of radical Christian propaganda and lies that we find at almost every media turn.
***************************************************************** THE CONSTITUTIONAL PRINCIPLE: SEPARATION OF CHURCH AND STATE http://members.tripod.com/~candst/index.html
****************************************************************
Dank 110100100 - 04 Jul 2009 09:26 GMT > The words 'separation of church and state' not in the Constitution It is definitely implied. For example, the First Amendment guarantees the right to peaceably assemble, also known as the right to "freedom of association." Freedom OF association implies freedom FROM association.
An American has the right to join any group he wishes, whether it be the Catholic church, the Ku Klux Klan, the Shriners, or the Blueberry Muffin Club. The right to join these organizations implies the right to NOT join them. No American can be forced to support a private organization he does not agree with.
The First Amendment also prohibits the government from passing any laws in regards to religion, also known as "freedom of religion." Freedom OF religion implies freedom FROM religion. If the government may not interfere with religion, then religion may not interfere with government. This is known as "separation of church and state."
buckeye - 04 Jul 2009 13:13 GMT >:|On Jul 2, 5:32 am, buckeye <buckeye...@nospam.net> wrote: >:|> The words 'separation of church and state' not in the Constitution [quoted text clipped - 15 lines] >:|may not interfere with religion, then religion may not interfere with >:|government. This is known as "separation of church and state." Separation of church and states was embodied in the unamended constitution, directly with the right to affirm rather than swear and the religious test ban. Indirectly the entire document as a whole.
The religious clauses of the BORS did not create church state separation, it only reinforced what was already there.
*************************************************************** You are invited to check out the following:
The Rise of the Theocratic States of America http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of Church and State in general, listed below]
HRSepCnS · Historical Reality SepChurch&State http://groups.yahoo.com/group/HRSepCnS/
*************************************************************** . . . You can't understand a phrase such as "Congress shall make no law respecting an establishment of religion" by syllogistic reasoning. Words take their meaning from social as well as textual contexts, which is why "a page of history is worth a volume of logic." New York Trust Co. v. Eisner, 256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.). Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992) . . . **************************************************************** James Veverka wrote: One of the ways to counter the attack on American Constitutional principles by the religious right is to address their revisionism, misinformation and distortions.
**************************************************************** USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future; facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the plethora of radical Christian propaganda and lies that we find at almost every media turn.
***************************************************************** THE CONSTITUTIONAL PRINCIPLE: SEPARATION OF CHURCH AND STATE http://members.tripod.com/~candst/index.html
****************************************************************
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