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Monday, September 18, 2006
Alan Sears :: Townhall.com Columnist
Constitution Day prompts the question: Who really built the Wall?
by Alan Sears
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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” – The Establishment Clause of the First Amendment to the United States Constitution

These words have been used by left-leaning courts and organizations to fabricate a so-called “wall of separation between church and state,” a metaphor that has been used to censor any public acknowledgement of religious faith.

But was that the founding fathers’ intention? Hardly. And the Sept. 17 anniversary of the signing of the Constitution is the perfect time to put the disinformation to rest.

In fact, the individual most frequently cited by left-wing historians as the chief architect of this “wall” did not participate in the writing or ratification of what has become known as the “establishment clause” of the Constitution. That individual is Thomas Jefferson.

The 1800 presidential election between Jefferson and John Adams was one of the most vicious in our nation’s history. In Connecticut, where the Congregational Church was still recognized as the state’s established church, church members were observed burying family Bibles in the backyard out of fear that Jefferson was going to ban the Word of God.

When Jefferson became president, he received a congratulatory message from a Connecticut group, the Danbury Baptist Association. They hoped that his well-known stance against any state-established church could influence the situation with the Congregational Church in Connecticut.

But Jefferson felt very strongly that the federal government should not interfere with a state’s authority to create or fund such a church, and therefore nothing could be done by Washington, D.C., about the congregationalists. Jefferson replied with the now-infamous words: “I contemplate with sovereign reverence that act of the whole American people which declared that their [national] 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.”

Interestingly, Jefferson allowed — and even attended — church services in the U.S. Capitol, the Treasury and War Department buildings, and the Supreme Court. Doesn’t sound like someone that was concerned about the government’s participation in the expression of religious faith, as some would see it. Today, Jefferson would probably find himself in a courtroom being stared down at by an ACLU attorney.

So, where did the present misinterpretation of this so-called “wall” really come from, if not from Jefferson? Much of it comes from the 1947 Supreme Court decision, Everson v. Board of Education of Ewing Township.

In Everson, the plaintiff (Everson) and the ACLU objected to the state of New Jersey using tax dollars to support school bus transportation for parochial students. While the court ruled in favor of the state’s funding, Associate Justice Hugo Black inserted the following words in the opinion: “The First Amendment has erected a wall between church and state. That wall must be high and impregnable. We could not approve the slightest breach.”

Never underestimate the power of just a few words, especially when placed in the wrong hands. Those who sought to remove America’s Christian heritage used this assertion as a blank check to claim that the so-called “wall of separation” does not allow any public expression of faith, since any such expression would be a breach, regardless what the founding fathers intended!

Joseph Story (1779-1845) a former U.S. Supreme Court justice and Harvard Law professor, wrote in his 1833 volume, Commentaries on the U.S. Constitution: “...The duty of supporting religion, and especially the Christian religion, is very different from the right to force the consciences of other men, or to punish them for worshipping God in the matter, which, they believe, their accountability to Him requires... The rights of conscience are, indeed, beyond the just reach of human power.”

The last sentence is particularly instructive, as groups such as the ACLU and Americans United for Separation of Church and State have gone out of their way, through the courts, to violate the rights of conscience of sincere religious believers.

But there is a light at the end of the tunnel. Recently, the U.S. Court of Appeals for the 6th Circuit, expressed its frustration over the misuse of this metaphor. Ruling on the constitutionality of a Ten Commandments display in Kentucky, the court wrote, “This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state.”

It’s about time that a court recognized that this wall is just part of a house of cards, ready to fall at any minute. Hopefully, as more and more truth shines down on the true meaning of Jefferson’s words, the ACLU’s house of cards will come toppling down, and our First Liberty — religious freedom — will thrive once again.

Alan Sears, a former federal prosecutor who held various posts in the departments of Justice and Interior during the Reagan Administration, is president and CEO of the Alliance Defense Fund, a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation. He is co-author with Craig Osten of the book The ACLU vs. America: Exposing the Agenda to Redefine Moral Values.

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About The Author

Alan Sears, a former federal prosecutor in the Reagan Administration, is president and CEO of the Alliance Defense Fund, a legal alliance employing a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

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Celt
Keep that ammo handy... You never know when you'll need it. :)

Scottie
If brevity is the soul of wit... then I must be witless after my last post. Wait a doggone minute!!! I think I was insulted somewhere along there. LOL

Scottie: a suggestion
Compose as a word doc on your desktop. That way when the system fails, you can simply copy/paste again.

Grrrrrrrrr
Compose a thoughtfull post, press send, Page Cannot be Displayed Error! Can't reconnect! Reboot, compose, post, Page Error Again. I Give up, I'm going to bed.

Celt
Nope, you've missed my point. The fact is that you don't have to move to still live without fear of persecution; that's what the Constitution assures to you even on down to the block level.

However, it does say that if a state wants to pass certain laws, and they conform to the Constitutional guidelines, that's okay.

Let's first of all acknowledge that in this day and age, no state is going to establish an official state religion, i.e. the South Kentucky Baptist-Hasidics, okay? But let's say they did. That's all okay and perfectly legal. But let's say a tenet of the SKBHs was that you couldn't drink on Sunday. Still okay, because that's a church rule, not a law.

All of a sudden, 70% of the state (all of whom are SKBHs) says that in order to align law with their religious beliefs, they want a law passed to ban Sunday drinking. It passes. Well, that law is actually okay, as the Constitution is silent on the issue.

Next, the SKBHs decide that since their church preaches pacifism, gun bans are in order. Uh oh, big conflict with the US Constitution, and they really can't do that. They also can't suspend Fourth or Fifth amendment rights, no matter what they believe, because these are rights guaranteed to "The People" as individual rights, not subject to legislation or curtailment at any level of government.

Does that help?

What surprises me,
is not so much the way the U.S. Court of Appeals for the 6th Circuit ruled, but how blunt they were. Very nice.

BrianR
Wht should I have to abandon my home to keep from being oppressed? If we are to play that game, then why be an American at all? I would take my family to Canada if we were to be driven from where we live.

Celt
"So, do I have the option of armed resistance if I am persecuted under the state religion?"

It is unlikely you would be sucessful, but the basis of the country, esp. the 2nd ammendment, always leaves open the possiblity of armed revolution in the face of government tyranny. However, one person does not a revolution make.

You also have other options:
1. You can work to change the society from within, to change the law or seek accomodation.
2. You can find another state with a social structure and legal framework that is more amenable.

The founders envisioned many states acting in and of their own accord. Essentially democratic experiments at the state level that would accomodate the populations contained therein. The founders never envisioned the overwhelming Federal government we have today.

While you probably wouldn't find it comfortable in the bible belt, the west coast these days is equally inhospitable to the religious right.

Pistol, Justaguy, Scottie
Just seeing what the reaction would be to that question, though you all may have figured out that I can get prickly, especially where blowhards like Judge Moore from Alabama are concerned. I doubt that extreme meausres like the hypothetical I posed are anywhere on the horizen, but I do keep an awful lot of ammunition on hand.

Pistol: good point
Further, if you find yourself in a Rodney King Riots situation, use your scattergun (like most of the shopowners did).

Lousy, if any, ballistic or forensic evidence.

Celt: c'mon
You know I'm no big supporter of religious zealotry. But just because there's no "wall", it doesn't mean that the inverse is automatically okay. The First amendment prohibits the establishment of a national religion.

Further, on the state level, the whole idea is that if you don't like the laws in one state, you're free to move to another. The Founders believed in social experimentation on the state level. Let me illustrate. They felt it allowed a vibrant society with many options (as opposed to the current Lefty posit of a "Living Constitution", which actually achieves the complete opposite).

The downside, and start of the fall:

In order for Utah to be granted statehood, it was decreed that Utah had to outlaw polygamy, which had been legal to that point. Now, whether or not you like polygamy, frankly I've always held and believed that requirement was a Federal interference with a state issue, and was actually unconstitutional.

Anyway, a thought or two.

celtic-dragon
The beauty of armed resistance is that you always have that option. Firearms are more available anywhere than dope or slaves, and cocaine or a slave, permanent or temporary may be bought quick and cheap in any of the grungy heii holes i've visited in 4 years on a ship. Armed resistance involves greater or lesser consequences, depending on location etc. If you are resisting a mob and the police are cooping, like in the Rodney riots in LA, you can shoot anybody you feel like with de facto impunity. Just under 100 folks were shot then. They were almost all looting and were shot by armed store owners. Doubtless a few shooters got caught, but it was a very small percentage. And it depends on the persecution. Not too long ago in my Florida county the sheriff decided on no-knock drug raids. One evening they broke into some good ol' boys house. It was the wrong address in more ways than one. The first lawman through the door was not in uniform and never had a chance to say police or show a badge before he had a bullet in his heart. The jury acquitted in 23 minutes. End of no-knock raids. You are entitled to fear fundamentalist Christians, but surely you know in your heart they are not really a danger, at least not everywhere. Irksome tenacious loudmouths, but rarely dangerous. Of course this fits the far left, and dare i say it, some people think it fits our ilk. Do these folks who have no problems of their own to solve, and thus try to solve yours, have anything to fear from you? I certainly don't see any signs of it. Give them, or at least all but the deranged fringe, a pass and relax. Fringies are rare enough i've never seen a group that couldn't be handled without reloading my trusty old Colt Officer's Model Target pistol.

Celtic
Yes, you could. That's why we allowed arms. But I doubt that would have been necesasry. Though they had state religions, it was not a requirement as in England.


Handy wrote
Handy wrote:
"Whenever faith has opposed reason, faith has had to retreat."
Really. Have you read CS Lewis's "Mere Christianity", or Dr. Timothy Johnson's "Findig God in the Questions", or any good reponse to Darwin or Peter Kreeft on arguing for Christianity.
I believe Pople John Paul II said that faith and reason are not separate, but we need to come to our faith through reason. I know I have. Having been raising Catholic, been Protestant, and now back to the Catholic faith I have had to question many things. In the end I come back to a reasoned faith.
Lately I find it is the scientific community that is without reason, refusing to consider alternatives and relying on a fixed and locked dogma, supported by appropriate shock troops in academia and the MSM to protect their cherished position. In the end the biologists hope to substitute a man made ethical construct based on Darwinism and new ideas of a naturally occuring moral ideal (which I believe Lewis called the Tao), separate from any religious teaching. So the scientific community mirrors a medieval castle built around a sacred ideal that may not survive in the long run.

Scottie
So, do I have the option of armed resistance if I am persecuted under the state religion?

Beltway Atheist Refers To
Those 30 years during the 18th century in which Jonathan Edwards was elected Dictator for Life.

Cew Smoke
A double post wouldn't be so bad if your posts weren't so lengthly in the first place, dear friend. Brevity is the soul of wit.

Freedom
Freedom OF religion not freedom FROM religion.

Celt, it should be noted that the prohibition applied only to the FEDERAL government (Congress shall make no law . . .). In fact, several of the original colonies had official state religions, sanctioned under the tenth ammendment in the bill of rights. If you didn't like the state religion, you had the option of moving to a state more accomodating to your views.

The irony
The irony of all this is that the founders were more concerned that government stay out of the church rather then the other way.

dangit
Sorry about the double-post. I'm an idiot.

Seperation -vs- Fundamentalist Govt
I love a good discussion about religion and state. Here's the problem, why do so many people who are anti-religion think that if you allow even one denotation of religion anywhere near federal land that you are only one step away from complete take over by evangelicals and that a fundamentalist government will immediately be setup and all pagans will be burned at the stake?

Let us take a look at why that amendment was placed there in the first place. We had just pulled away from England and we did not like the fact the the Church of England made it painful for any other Christian sects to worship as they may.

Now, back to England. Any "witches" burned at the stake there recently? How about Ireland? Have the scientologists been yanked out of their homes and forced to convert to Catholicism or be beheaded?

Let's go to China where religion is somewhat frowned upon altogether. Have any religious folks been bothered there? Oh... yeah... errr. well... actually they have. Go do a search on religious persecution in China and see if Tibet shows up anywhere on your radar.

So, what we have are governments that have national religions and things seem to be going okay for the most part (aside from the toxic levels of liberal PC-ism gone awry). Don't bring up the middle east, one religios dilemma at a time people. Then you have the great anti-religion nation of China and things kinda blow chuncks for those wishing to freely practice religion.

Now, we're not even talking about either extreme here. The constitution protects against the federal government from instituting a national religion. However, it does not say you cannot have a cross or a set of the ten commandments on a public building (or a Star of David or a laughing Buddha for that matter). As much as those of us who are not mainstream evangelical Christian like to thing that all of you are out to get us. I for one do not believe that allowing a Christian symbol on federal property in any way equates to the sudden demise of our (for the most part) secular government and the rise of facist funadmentalist Christian warlords ruling the country with their bloody iron grips.

However, I do smell an excellent Hollywood movie script... we'll make millions..... bwahahahaha!

Back to your regularly scheduled comments.

Seperation -vs- Fundamentalist Govt.
I love a good discussion about religion and state. Here's the problem, why do so many people who are anti-religion think that if you allow even one denotation of religion anywhere near federal land that you are only one step away from complete take over by evangelicals and that a fundamentalist government will immediately be setup and all pagans will be burned at the stake?

Let us take a look at why that amendment was placed there in the first place. We had just pulled away from England and we did not like the fact the the Church of England made it painful for any other Christian sects to worship as they may.

Now, back to England. Any "witches" burned at the stake there recently? How about Ireland? Have the scientologists been yanked out of their homes and forced to convert to Catholicism or be beheaded?

Let's go to China where religion is somewhat frowned upon altogether. Have any religious folks been bothered there? Oh... yeah... errr. well... actually they have. Go do a search on religious persecution in China and see if Tibet shows up anywhere on your radar.

So, what we have are governments that have national religions and things seem to be going okay for the most part (aside from the toxic levels of liberal PC-ism gone awry). Don't bring up the middle east, one religious problem at a time please. Then you have the great anti-religion nation of China and things kinda blow chuncks for those wishing to freely practice religion.

We're not even talking about either extreme here. The constitution protects against the federal government from instituting a national religion. However, it does not say you cannot have a cross or a set of the ten commandments on a public building (or a Star of David or a laughing Buddha for that matter). As much as those of us who are not mainstream evangelical Christian like to thing that all of you are out to get us. I for one do not believe that allowing a Christian symbol on federal property in any way equates to the sudden demise of our secular government and the rise of facist funadmentalist warlords ruling the country with their bloody iron grips.

However, I do smell an excellent Hollywood movie script... we'll make millions..... bwahahahaha!

Back to your regularly scheduled comments.

Theocracy?
Beltway Atheist must be unfamiliar with the history of the anti-slavery movement and the strong ties it had with Christian groups such as the Quakers in the US and William Wilberforce of the Clapham Sect in England.


1) Celtic 2) 10 Commandments
Government is not going to endorse one over another, but it should not prohibit the use of religion in the government.

10 Commandments: Moses is also recognized by Islam, so they would also apply.


If there is to be no wall
then what version of Christianity is the government going to support. Southern Baptists? Methodists? Assembly of God? Shall we start seeing "Biblical" punishments for "sin" in states like Alabama?

Three Questions for Atheist
1) Please explain how a copy of the Ten Commandments hanging on a courthouse wall constitutes Congress passing a law establishing a Church of the United States.

2) Assuming you can answer #1, which religion is it that would then be established as the official CoUS? Jewish? Catholic? Baptist? Lutheran? Presbyrterian? Other?

3) By disallowing any public expression of religion on government property, has not the court seized legislative power to establish Atheism as the official state religion, while simultaneously violating the free expression rights of every individual so constrained?

Who Really Built the Wall
For the benefit of Beltway Atheist and the other representives of the American left, I offer the following: in Germany in the year 1848 a political party formed a committee of six to present a list of demands to the German government. There were seventeen items on the list, the thirteenth of which read "the complete separation of church and state..." The party was the Communist Party, and two members of the committee were Karl Marx and Fredrick Engels.

Now a question Beltway Atheist: which good ol' days can you offer, those of Soviet Russia?

Theocracy?
Beltway Atheist, after reading your post I realized that one of us must be very ignorant. I cannot remember in history class or anywhere else reading or hearing about that period of years during which the U.S.A. was considered a theocracy. Perhaps you can provide me the reference supporting your quotation of, "...back to a theocracy in this country...".

Alan Sears...an ADF co-founder.unbiased?
No..it's obvious he's biased...and would just assume control back to a theocracy in this country and make slaves of women and minorities again...

you know the good ol' days

Give it up!
For the 6th Circuit!

A breath of sanity!

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