Thursday, March 20, 2014

Disputing Separation Church/State Part 3

Need SCOTUS Support Constitution

John R. Houk
© March 20, 2014

In Parts One and Two I examined Dougindeap’s first sentence in his assertion that the separation of Church/State is as embedded in the Constitution as is the paradigm of checks and balances. You can rehash those two parts on the reasons I do not agree with Dougindeap’s assertion.

For the sake of continuity here is Dougindeap’s first sentence followed by the second sentence in bold print:

Separation of church and state is a bedrock principle of our Constitution, much like the principles of separation of powers and checks and balances. In the first place, the Supreme Court has thoughtfully, authoritatively, and repeatedly decided as much; it is long since established law. (You can read Dougindeap’s full comment below the post “The Commonality between Leftist Paradigms & Scientific Theories”)

Really? Has the Supreme Court actually thoughtfully, authoritatively and repeatedly established as law that Separation of Church/State is a bedrock principle in the U.S. Constitution?

Evidently Dougindeap believes 1947 as a period of time to represent “thoughtfully, authoritatively and repeatedly”. The year 1947 is when Justice Hugo Black wrote the majority opinion in Everson v. Board of Education in which SCOTUS utilized the phrase,

The First Amendment has erected a wall between church and state. The wall must be kept high and impregnable. We could not approve the slightest breach.” (Quote found at “The Truth about Separation of Church and State;”

Let’s do some simple math. The Continental Congress published the Declaration of Independence in 1776. The U.S. Constitution became implemented as the rule of law in 1789. My calculator tells me there is a 158 years between 1947 and 1789. That span of years is hardly SCOTUS establishing “thoughtfully, authoritatively and repeatedly” separation of Church/State as a “bedrock principle of our Constitution”.

You have to wonder if the issue of Separation of Church/State arose on the SCOTUS docket prior to 1947 in which Justice Hugo Black used as stare decisis (Latin for to stand by things decided) to build his majority opinion.

I am fairly certain that Justice Hugo Black ignored an immense amount of Judicial decisions and the words of Justices written or spoken outside the scope SCOTUS. AND YET Justice Black based the opinion decision Everson v. Board of Education in 1947 on a non-judicial letter from Thomas Jefferson to the Danbury Baptist Church that used the phraseology of the wall of separation between Church and State. The Danbury Baptist Church expressed concern that Connecticut was about to establish the Congregational Church as a State supported Church which would infer that even non-Congregationalists would be involved in paying some form of tax to a Denomination outside the scope of Baptist theology. President Jefferson sent out a letter in 1802 responding to the Danbury letter expressing their concerns. The Danbury Baptists were aware that as President Jefferson did not have the authority to arbitrarily change State Law but enlisted his help to the Office of POTUS to encourage various States that had an Established Church to steer away from such a law to concur with Federal Law. This is the time that Jefferson wrote the wall of separation between Church/State letter.

President Jefferson was not involved in the committee that drafted the Constitution and neither was he in the position of issuing a Judicial Decision. AND YET Justice Hugo Black in 1947 incorporated the Jefferson letter as an authority to change a 158 years of Constitutional jurisprudence.

Below is a long list of quotes that should have borne more weight judicially than the Jefferson opinion that Leftists have warped today to keep Christianity out of America’s public legal and electoral sphere.

JRH 3/20/14 (Some these quotes I will endeavor to provide source links not utilized by the web page author)
Untitled on USA as a Christian Nation

Justice Thomas McKean Served as governor in Delaware and Pennsylvania. During his tenure as Chief Justice of the Supreme Court of Pennsylvania, he offered these words of advice to John Roberts -- a man sentenced to death.

"You will probably have but a short time to live. Before you launch into eternity it behooves you most seriously to reflect upon your past conduct; to repent of your evil deeds; to be incessant in prayers to the great and merciful God to forgive your manifold transgressions and sins; to rely upon the merit and passion of a dear Redeemer, and thereby to avoid those regions of sorrow….May you, reflecting upon these things, and pursuing the will of the great Father of light and life, be received into [the] company and society of angels and archangels and the spirits of just men made perfect; and may you be qualified to enter into the joys of Heavens -- joys unspeakable and full of glory."

John Jay, 1777 The first Chief Justice of the United States

"Providence has given to our people the choice of their rulers, and it is the duty, as well as the privilege and the interest, of a Christian nation to select and prefer Christians for their rulers."

James Wilson, a signer of the Constitution and an original Justice on the U.S. Supreme Court

"Human law must rest its authority ultimately upon the authority of that law which is divine....Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. Indeed, these two sciences run into each other."

Justice Samuel Chase 
Runkel v. Winemiller, 1799

"Religion is of general and public concern, and on its support depend, in great measure, the peace and good order of government, the safety and happiness of the people. By our form of government, the Christian religion is the established religion; and all sects and denominations of Christians are placed upon the same equal footing, and are equally entitled to protection in their religious liberty."

"The real object of the First Amendment was not to countenance [approve of], much less to advance Mohammedanism, or Judaism, or infidelity [secularism], by prostrating [overcoming] Christianity, but to exclude all rivalry among Christian sects [denominations]..."

"We are not to attribute this prohibition of the national religious establishment [in the First Amendment] to any indifference to religion in general, and especially to Christianity (which none could hold in more reverence than the framers of the Constitution)... at the time of the adoption of the Constitution, the general, if not the universal, sentiment in America was, that Christianity ought to receive encouragement from the State so far as was not incompatible with the private rights of conscience and the freedom of religious worship.

... Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate [immoral] are rewarded, because they flatter the people, in order to betray them."

Justice Joseph Story 
Vidal v. Girard's Executors 1844

"Christianity... is not to be maliciously and openly reviled and blasphemed against, to the annoyance of believers or the injury of the public..."

Justice Joseph Story

"There is not a truth to be gathered from history more certain, or more momentous, than this: that civil liberty cannot long be separated from religious liberty without danger, and ultimately without destruction to both.

"Wherever religious liberty exists, it will, first or last, bring in and establish political liberty."

Chief Justice John Marshall 
In a letter to Jasper Adams, May 9, 1833

"The American population is entirely Christian, and with us Christianity and Religion are identified. It would be strange indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it."

"It was never intended by the Constitution that the government should be prohibited from recognizing religion, or that religious worship should never be provided for in cases where a proper recognition of Divine Providence in the working of government might seem to require it, and where it might be done without drawing an invidious distinction between religious beliefs, organizations, or sects. The Christian religion was always recognized in the administration of the common law of the land, the fundamental principles of that religion must continue to be recognized in the same cases and to the same extent as formerly."

Judge Gallagher 
Baer v. Kolmorgen 
The Supreme Court of New York

"Much has been written in recent "a wall of separation between church and State." ...It has received so much attention that one would almost think at times that it is to be found somewhere in our Constitution."

Justice Potter Stewart

"I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the "wall of separation," a phrase nowhere to be found in the Constitution."

"It is impossible to build sound consitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause had been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation [between church and state]... The recent court decisions are in no way based on either the language or intent of the framers."

Justice William Rehnquist

"But the greatest injury of the "wall" notion is its mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights... The "wall of separation between church and State" is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned."

—U.S. Supreme Court, 1811— 
The People v. Ruggles Justice James Kent delivered the Court's opinion:

"The defendant was indicted... in December, 1810, for that he did, on the 2nd day of September, 1810... wickedly, maliciously, and blasphemously, utter, and with a loud voice publish, in the presence of hearing of divers good and Christian people, of and concerning the Christian religion, and of and concerning Jesus Christ, the false, scandalous, malicious, wicked and blasphemous words following: "Jesus Christ is a bastard, and his mother must be a whore", in contempt of the Christian religion... the defendant was tried and found guilty, and was sentenced by the court to be imprisoned for three months, and to pay a fine of $500.

Such words uttered with such a disposition were an offense at common law. In Taylor's case the defendant was convicted upon information of speaking similar words, and the Court... said that Christianity was parcel of the law, and to cast contumelious reproaches upon it, tended to weaken the foundation of moral obligation, and the efficacy of oaths.

And in the case of Rex vs. Woolston's, on a like conviction, the Court said... that whatever strikes at the root of Christianity tends manifestly to the dissolution of civil government... the authorities show that blasphemy against God and... profane ridicule of Christ or the Holy Scriptures (which are equally treated as blasphemy), are offenses punishable at common law, rather uttered by words or writings... because it tends to corrupt the morals of the people, and to destroy good order.

Such offenses have always been considered independent of any religious establishment or the rights of the Church. They are treated as affecting the essential interest of civil society...

We stand equally in need, now as formerly, of all the moral discipline, and of those principles of virtue, which help to bind society together.

The people of this State, in common with the people of this country, profess the general doctrines of Christianity, as the rule of their faith and practice; and to scandalize the author of these doctrines is not only... impious, but... is a gross violation of decency and good order.

Nothing could be more injurious to the tender morals of the young, then to declare such profanity lawful...

The free, equal, and undisturbed enjoyment of religious opinion, whatever it may be, and free and descent discussions on any religious subject, is granted and secured; but to revile... the religion professed by almost the whole community, is an abuse of that right...

We are a Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines of worship of those impostors [other religions]...

[We are] people whose manners are refined and whose morals has been elevated and inspired with a more enlarged benevolence, by means of the Christian religion. Though the Constitution has discarded religious establishments, it does not forbid judicial cognizance of those offenses against religion and morality which have no reference to any such establishment...

This [constitutional] declaration (noble and magnanimous as it is, when duly understood) never meant to withdraw religion in general, and with it the best sanctions of moral and social obligation from all consideration and notice of Law...

To construe it as breaking down the common law barriers against licentious, wanton, and impious attacks upon Christianity itself, would be an enormous perversion of its meaning...

Christianity in its enlarged sense, as a religion revealed and taught in the Bible, is part and parcel of the law of the land...

Nor are we bound by any expression of the Constitution, as some has strangely supposed, either not to punish at all, or to punish indiscriminately like attacks upon the religion of Mahomet and the Grand Lama; and for this plain reason, that we are a Christian people, and the morality of this country is deeply engrafted upon Christianity, and not upon the doctrines or worship of these impostors...

The Court is accordingly of the opinion that the judgment... must be affirmed."

—U. S. Supreme Court, 1892— 
Church of the Holy Trinity v. United States

"No purpose of action against religion can be imputed to any legislation, state or national, because this is a religious people. This is historically true. From the discovery of this continent to the present hour, there is a single voice making this affirmation.

The commission to Christopher Columbus.... "that it is hoped that by God's assistance some of the continents and islands in the ocean will be discovered..."

The first colonial grant made to Sir Walter Raleigh in 1584.... and the grant authorizing him to enact statutes for the government of the proposed colony provided that they "be not against the true Christian faith..."

The first charter of Virginia, granted by King James I in 1606.... commenced the grant in these words: " propagating of Christian Religion to such People as yet live in Darkness..."

Language of similar import may be found in the subsequent charters of that colony.... in 1609 and 1611; and the same is true of the various charters granted to the other colonies. In language more or less emphatic is the establishment of the Christian religion declared to be one of the purposes of the grant. The celebrated compact made by the Pilgrims in the Mayflower, 1620, recites; "Having undertaken for the Glory of God, and advancement of the Christian faith... a voyage to plant the first colony in the northern parts of Virginia..."

The fundamental orders of Connecticut, under which a provisional government was instituted in 1638-1639, commence with this declaration: "...And well knowing where a people are gathered together the word of God requires that to maintain the peace and union... there should be an orderly and decent government established according to maintain and preserve the liberty and purity of the gospel of our Lord Jesus which we now profess...of the said gospel [which] is now practiced amongst us."

In the charter of privileges granted by William Penn to the province of Pennsylvania, in 1701 it is recited: " people can be truly happy, though under the greatest enjoyment of civil liberties, if abridged of... their religious profession and worship..."

Coming nearer to the present time, the Declaration of Independence recognizes the presence of Divine in human affairs in these words:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights... appealing to the Supreme Judge of the world for the rectitude of our intentions... And for the support of this Declaration, with firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor."

...We find everywhere a clear recognition of the same truth... because of a general recognition of this truth [that we are a Christian nation], the question has seldom been presented to the courts...

There is no dissonance in these declarations. There is a universal language pervading them all, having one meaning; they affirm and reaffirm that this is a religious nation. Those are not individual sayings, declarations of private persons; they are organic utterances; they speak the voice of the entire people.

While because of a general recognition of this truth the question has seldom been presented to the courts, yet we find that in Updegraph v. The Commonwealth, it was decided that, Christianity, general Christianity, is, and always has been, a part of the common law... not Christianity with an established church.... but Christianity with liberty of conscience to all men.

And in The People v. Ruggles, Chancellor Kent, the great commentator on American law, speaking as Chief Justice of the Supreme Court of New York, said:

"The people of this State, in common with the people of this country, profess the general doctrines of Christianity, as the rule of their faith and practice... We are a Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines or worship of those impostors [other religions]."

And in the famous Case of Vidal v. Girard's Executors, this Court... observed:

"It is also said, and truly, that the Christian religion is a part of the common law..."

If we pass beyond these matters to a view of American life as expressed by its laws, its business, its customs and its society, we find everywhere a clear recognition of the same truth. Among other matters note the following: The form of oath universally prevailing, concluding with an appeal to the Almighty; the custom of opening sessions of all deliberative bodies and most conventions with prayer; the prefatory words of all wills, " In the name of God, amen"; the laws respecting the observance of the Sabbath, with the general cessation of all secular business, and the closing of courts, legislatures, and other similar public assemblies on that day; the churches and church organizations which abound in every city, town and hamlet; the multitude of charitable organizations existing everywhere under Christian auspices; the gigantic missionary associations, with general support, and aiming to establish Christian missions in every quarter of the globe.

These, and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation...We find everywhere a clear recognition of the same truth.

The happiness of a people and the good order and preservation of civil government essentially depend upon piety, religion and morality.

Religion, morality, and knowledge [are] necessary to government, the preservation of liberty, and the happiness of mankind."

—U.S. Supreme Court, 1931— 
U.S. vs. Macintosh

"We are a Christian people... and acknowledge with reverence the duty of obedience to the will of God."

—U. S. Supreme Court, 1952— 
Zorach v. Clauson

"The First Amendment, however, does not say that in every respect there shall be a separation of Church and State. Rather, it studiously defines the manner, the specific ways, in which there shall be no concert or union or dependency one on the other.

That is the common sense of the matter. Otherwise the state and religion would be aliens to each other—hostile, suspicious, and even unfriendly...

Municipalities would not be permitted to render police or fire protection to religious groups. Policemen who helped parishioners into places of worship would violate the Constitution. Prayers in our legislative halls; the appeals to the Almighty in the messages of the Chief Executive; the proclamation making Thanksgiving Day a holiday; "so help me God" in our courtroom oaths—these and all other references to the Almighty that run through our laws, or public rituals, our ceremonies, would be flouting the First Amendment. A fastidious atheist or agnostic could even object to the supplication with which the Court opens each session: God save the United States and this Honorable Court.

We are a religious people and our institutions presuppose a Supreme Being... When the state encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions.

For it then respects the religious nature of our people and accommodates the public service to their spiritual needs. To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe...

We find no constitutional requirement making it necessary for government to be hostile to religion and to throw its weighed against the efforts to widen the scope of religious influence. The government must remain neutral when it comes to competition between sects...

We cannot read into the Bill of Rights such a philosophy of hostility to religion."
Disputing Separation Church/State Part 3
John R. Houk
© March 20, 2014
Untitled on USA as a Christian Nation

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