QUOTE(lederuvdapac @ Aug 17 2004, 01:27 PM)
It doesn't say 'separation of church and state ' anywhere in that document. If it was implied....it would have been said. How can anyone know what the Founding Fathers implied? The only way to know what they wanted is by reading what they actually wrote.
Including their correspondence. The term originally shows up in Jefferson's letter to Danbury Baptists.
QUOTE
Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of the 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. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore man to all of his natural rights, convinced he has no natural right in opposition to his social duties.
--
Jefferson on Seperation of Church and StateThe term was cited as early as
Reynolds v. U.S. (1878), maybe sooner. That wall has come up in various SC rulings since, sometimes in a way that draws parallels to
Jefferson and Madison's Virginia bill which states: "That to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." Other Separation rulings include:
QUOTE
Lowell v. Griffin (1938) - 8-0 ruling that the licensing of Jehovah’s Witnesses infringed their 1st Amendment guarantee of the freedom of religion.
Jones v. Opelika (1942) - overturned the Lowell ruling over the licensing of religious groups.
Lynch v. Donelly (1984) - 5-4 ruling that a public display of a nativity scene in a school in Pawtucket was constitutional.
Wallas v. Jaffee (1985) - 6-3 ruling on the unconstitutionality of school prayers again, this time in a case in Alabama.
Edwards v. Aguilar (1987) - 7-2 ruling that Louisiana’s Balanced Treatment Act which required schools to teach creationism alongside Darwinism was unconstitutional as it was an attempt to advance a religious belief.
Zobrest v. Catalina Foothills School District (1992) - ruled that public school could pay for an interpreter for deaf girl at a private religious school.
Lambs Chapel v. Center Moriches Union Free School (1992) - ruled that a school district could not ban a religious group from using school premises for a religious meeting after school hours.
Lukini Babalu Aye v. Hialeah (1992) - ruled that a Florida City ban on animal sacrifice infringed the constitutional right to the free exercise of religion.
City of Boerne v. Flores (1997) - 6-3 ruling that struck down the Religious Freedom Restoration Act which had reversed a previous Court ruling. The RFRA sought to help individuals exempt themselves from general state laws on religious grounds. The SC was challenged unsuccessfully by Congress.
Good News Club v. Milford Central School (2001) - 6-3 ruling that it is not possible to prevent a group from using a public facility because of the group's religious viewpoint as a ban violates the 1st Amendment.
One ACLU threat to sue L.A. does not diminish the relevance of a term that is not found in the Constitution but has survived 100+ years of judicial review (a.k.a. "activism"). Speaking of communism, here are some godless quotes.
QUOTE
I almost shudder at the thought of alluding to the most fatal example of the abuses of grief which the history of mankind has preserved--the Cross. Consider what calamities that engine of grief has produced!
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The Christian god is a three headed monster, cruel, vengeful, and capricious. If one wishes to know more of this raging, three headed beast-like god, one only needs to look at the caliber of people who say they serve him. They are always of two classes: fools and hypocrites.
-- Jefferson
QUOTE
Indeed, Mr. Jefferson, what could be invented to debase the ancient Christianism which Greeks, Romans, Hebrews and Christian factions, above all the Catholics, have not fraudulently imposed upon the public?
-- Adams
QUOTE
If I could conceive that the general government might ever be so administered as to render the liberty of conscience insecure, I beg you will be persuaded, that no one would be more zealous than myself to establish effectual barriers against the horrors of spiritual tyranny, and every species of religious persecution.
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Of all the animosities which have existed among mankind, those which are caused by a difference of sentiments in religion appear to be the most inveterate and distressing, and ought to be deprecated. I was in hopes that the enlightened and liberal policy, which has marked the present age, would at least have reconciled Christians of every denomination so far that we should never again see the religious disputes carried to such a pitch as to endanger the peace of society.
-- Washington
QUOTE
A Man compounded of Law and Gospel, is able to cheat a whole Country with his Religion, and then destroy them under Colour of Law: And here the Clergy are in great Danger of being deceiv'd, and the People of being deceiv'd by the Clergy, until the Monster arrives to such Power and Wealth, that he is out of the reach of both, and can oppress the People without their own blind Assistance.
-- Franklin
Next judicial activism pit stop: civil rights.
P.S. Many thanks to ALJ's research in
Debating Christianity and Religion.