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Thadius -> RE: Nominee debate (8/17/2008 8:42:47 AM)
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quote:
ORIGINAL: nejisty Hello Thadius: If you will notice the last sentence of this paragraph. Separation of Church and State: Is it in the Constitution? It is true that the phrase ‘separation of church and state‘ does not actually appear anywhere in the Constitution. There is a problem, however, in that some people draw incorrect conclusions from this fact. The absence of this phrase does not mean that it is an invalid concept or that it cannot be used as a legal or judicial principle. More on Christianity and the Constitution http://atheism.about.com/od/churchstateconstitution/Church_State_in_the_Constitution_What_Does_the_Constitution_Say.htm Also the last statement in this one: The Court disagreed, in a close 5-4 vote, with Everson. In doing so, however, it wrote some powerful statements concerning the 1st Amendment: The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever from they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State.' And this one The Court wrote: In the absence of precisely stated constitutional prohibitions, we must draw lines with reference to the three main evils against which the Establishment Clause was intended to afford protection: "sponsorship, financial support, and active involvement of the sovereign in religious activity." Every analysis in this area must begin with consideration of the cumulative criteria developed by the Court over many years. Three such tests may be gleaned from our cases. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with religion." http://www.usconstitution.net/consttop_reli.html nejisty Like I stated earlier, the position was legislated from the bench. It is not in the constitution. Even the court was divided on this issue. I do not see where: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Equates to a seperation of, only that Congress shall not create or prohibit the practice of any religion. How does this mean that a state cannot have a cross, menorah, crescent moon, or any other religious symbol on their lawn during a given holiday? The Constitutional mention was not even seen to affect state's rights to do so, it was meant to prevent the federal government from infringing on those rights. At the time of ratification, several states had even sponsored churches and official state churches. Tell me how the SCOTUS ruling was in line with the obvious position at the time of writing and ratification. Just my unlearned opinions, Thadius
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