QUOTE(Gray Seal @ Sep 29 2005, 12:06 PM)
QUOTE
The matter is simple, so let's just cut to the chase. For nearly two hundred years, governmental promotion of an abstract or non-sectarian form of Christianity was acceptable under the establishment clause. This is inarguable, and I think everyone here would agree that this has occurred.
This statement is factually inaccurate. There is no need to argue it as it is a factual statement and not an opinion. There have been numerous cases where the Supreme Court has ruled against government involvement with non-sectarian forms of Christianity. You many look no further than the Ten Commandments case of last year for one example.
I was referring to the time period between 1789 and 1946 when all of these activities that are considered to "promote" Christianity occurred: public school prayer, bible reading, displaying religious monuments, federal funding for missionaries, churches, and bible printing, etc...
I don't think the founders can tell us how to run the country today, so please don't misunderstand me. I do, however, think that the writers of the Bill Of Rights are the only authority on what the words mean. When they use words like "Congress" and "law", these words had specific meaning and to try and conflate those meanings is disingenuous and dangerous. If we don't like the meaning of the first amendment as understood by the founders, there is a process which we can use to amend the Constitution. This has been done,
Argonaut, to give women the vote. Imagine if we would have just decided to start pretending that the Constitution already provided it to them and left the text unchanged. That would have been a joke.
The people here who think a presence in the public square of the majority religion in this country is tantamount to oppression of women and African Americans are, in my opinion, misrepresenting the issue in a dangerous way. The implication is that people who want "under god" in the pledge, or the 79% of people who think public displays of the Ten Commandments are alright are just as bad as slave-traders. I can't say it enough; Good people are on both sides of this debate.
QUOTE(Argonaut @ Sep 29 2005, 03:38 PM)
Furthermore, the fact that the Supreme Court has not ruled on any given issue does not mean that the issue has been ruled "Constitutional."
The court cannot act on an issue unless and untill someone raises the issue.
QUOTE(Argonaut @ Sep 29 2005, 03:38 PM)
Sorry Lincoln, keeping history in mind, it does not impress me that atheists, agnostics, or those who worshipped multiple Gods did not raise any given religion/State issues to the Supreme Court in 18th century America, 19th century America, or the better part of 20th century America for that matter.
It wasn't even the Supreme Court's job to decide something "Unconstitutional" until the 19th century Marbury vs. Madison decision in which it took that power for itself over complaints from the other two branches of government. So public religious expression was certainly Constitutional during the time period directly after the ratification of the Bill of Rights and the words mean the same thing today as they meant then.
Please don't think I am arguing for having prayer and bible reading in school, etc. I am only saying they are allowable under an accurate reading of the first amendment. That is NOT to say we should allow such things. This is to be decided by the American people through our legislatures.