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The
Federal Government and Courts’ current power of jurisdiction
over states that is in effect today was not prudent,
in fact it was illegal in the minds of the original
founders. This is why the Bill of Rights was
added to the Constitution … in order to
limit the Federal Government’s power, thus
preserving the states’ sovereignty. Jefferson,
himself, was a champion of the importance of the states’
autonomy, and the essential limitation
of a federal centralized government. He wrote that the …
“power to prescribe any religious exercise ….
must rest with the States”.#56
Justice Joseph Story, nominated by James Madison to the Supreme
Court, and founder of Harvard Law School stated that … “the
whole power over the subject of religion is left exclusively to
the State governments to be acted upon according to their own
sense of justice and the State constitutions”.#57
This left the states to do as they wished with regard to establishment
of a state denomination. The greater freedom with regard
to religion was theirs, and the federal government was
not to interfere with their rights or choices. This followed the
pattern of limited national government, which
was essential in the eyes of our early American leaders. This
is why we bear the moniker The United States
of America, and not just America. The national government
was constructed in order to protect and maintain the states
united, but the states were to remain essentially self-governed.
56)
Thomas Jefferson, Memoir, Correspondence, and Miscellanies,
From the Papers of Thomas Jefferson, Thomas Jefferson Randolph,
editor (Boston: Gray and Bowen, 1830), Vol. IV, p. 104, to the
Rev. Samuel Millar on January 23, 1808. [return
to document]
57) Joseph Story,
Commentaries on the Constitution of the United States (Boston:
Hilliard, Gray, and Company, 1833), Vol. III, p. 731, §1873.
[return to document]
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