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The
phrase “separation of church and state”
had actually appeared in less than a dozen cases in U.S. courts,
up until the time that it was first invoked in the case of Everson
v. Board of Education in 1947.
Throughout America’s first 150 years, no court decision
had ever supported the separation ideology. But this 1947 decision
was instrumental in the advent of our nation’s corrosion
from within that has followed in subsequent court decisions for
the last 58 years. After 1947, this Jefferson
phrase has appeared in courts in literally thousands
of cases.
The
1947 Supreme Court forfeited the original intent
of the Constitution (of which they were sworn to uphold,
and Jefferson, himself had supported) to their
own political and personal philosophies. Study of the original
intentions of the whole of the original statesmen was thrown aside,
and Jefferson’s warning was not heeded:
“On
every question of construction, carry ourselves back to the time
when the Constitution was adopted, recollect the spirit manifested
in the debates, and instead of trying what meaning may be squeezed
out of the text, or invented against it, conform to the probable
one in which it was passed.” #65
The
Court’s 1947 Everson decision
coupled the First Amendment with the Fourteenth
Amendment, an amendment that was implemented in 1868
in order to guarantee state citizenship to former slaves. Strangely
enough, the Everson Court combined these
two amendments to remove the states’ autonomy
with regard to religious practices and subvert
them to the jurisdiction of the Federal Government.
(Neither the First or Fourteenth Amendments
original intent was to generally embolden the power of Federal
Government and/or subvert states’ rights.)
Nevertheless,
at the same time, the Court discarded the historical case
law, constitutional law, and common understanding of
the First Amendment (which was to protect free expression
of religion from Federal government tampering) and rather
interpreted it, without precedent, to separate government and
religion, stating that …
…The
First Amendment has erected a wall between Church and State. That
wall must be kept high and impregnable. We could not approve the
slightest breach.” #66
And
yet there had been breaches by the hundreds and
thousands for the previous 150 years, if this new interpretation
was in any was correct! This Court decision created a quagmire
in which thousands of previously legal religious practices
were now in question. And while many court decisions after 1947
continued to uphold and even encourage the original intent of
the First Amendment, a few decisions began to
invoke the separation idiom, including the 1962 Engel
v. Vitale case, which, without citing a
single precedent, removed voluntary prayer
from schools, claiming that a simple nondenominational prayer
in New York schools established “an official state
religion”, breaching the “constitutional
wall of separation of church and state”.#67
In this case, Justice Potter Stewart was the
beacon of common sense when he proposed his dissent:
“The
Court today says that the State and federal governments are without
constitutional power to prescribe any particular form of words
to be recited by any group of the American people on any subject
touching religion. One of the stanzas of “The Star-Spangled
Banner,” made our National Anthem by Act of Congress in
1931, contains these verses:
‘Blest
with victory and peace, may the heav’n rescued land Praise
the power that hath made and preserved us a nation! Then conquer
we must, when our cause it is just, And this be our motto ‘in
God is our Trust.’
In
1954, Congress added a phrase to the Pledge of Allegiance to the
Flag so that it now contains the words “one Nation under
God, indivisible, with liberty and justice for all” ….
Since 1865 the words “In God We Trust” have been impressed
on our coins. Countless similar examples could be listed, but
there is no need to belabor the obvious …I do not believe
that this Court, or the Congress, or the President has by the
actions and practices I have mentioned established an “official
religion” in violation of the Constitution. And I do not
believe the State of New York has done so in this case. What each
has done has been to recognize and to follow the deeply entrenched
and highly cherished spiritual traditions of our Nation –
traditions which come down to us from those who almost two hundred
years ago avowed their “firm reliance on the Protection
of divine Providence.”
In
addition, he added …
“With
all respect, I think the court has misapplied a great constitutional
principle. I cannot see how an “official religion”
is established by letting those who want to say a prayer say it.
On the contrary, I think that to deny the wish of these school
children to join in reciting this prayer is to deny them the opportunity
of sharing in the spiritual heritage of our Nation ….For
we deal here not with the establishment of a state church, which
would, of course, be constitutionally impermissible, but with
whether school children who want to begin their day by joining
in prayer must be prohibited from doing so.” #68
Then came the 1963 School District of Abington Township
v. Schempp case, which abolished volunteer
Bible reading in Pennsylvania schools, claiming that
religious activities must remain home or in private schools. Again,
Justice Potter’s dissent:
“It
might be argued here that parents who wanted their children to
be exposed to religious influences in school could … send
their children to private or parochial schools. But the consideration
which renders this contention too facile (simplistic) to be determinative
(a factor) has already been recognized by the Court: “Freedom
of speech, freedom of the press, freedom of religion are available
to all, not merely to those who can pay their own way.”
Murdock v. Pennsylvania, 319 U.S. 105, 111. It might also be argued
that parents who want their children exposed to religious influences
can adequately fulfill that wish off school property and outside
school time. With all its surface persuasiveness, however, this
argument seriously misconceives the basic constitutional justification
for permitting the exercises at issue in these cases. For a compulsory
state educational system SO STRUCTURES A CHILD’S LIFE that
if religious exercises are held to an impermissible activity in
schools, , religion is placed at an artificial and state-created
DISADVANTAGE. Viewed in this light, permission of such exercises
for those who want them is necessary if the schools are TRULY
TO BE NEUTRAL in the matter of religion. And a refusal to permit
religious exercises thus is seen, not as the realization of state
neutrality, but rather as the ESTABLISHMENT OF A RELIGION OF SECULARISM.”
#69
(emphasis added)
Indeed, it IS a regrettable fact that removing God,
prayer, and Christian principles
from American governmental institutions is, by default, an establishment
of Atheism and/or Secular Humanism as national policy
… not by word, perhaps, but certainly by deed! Most every
group, essentially, is permitted free speech in public schools
(within reason) … except traditional religionists,
and especially, Christians. For a nation who
has prided itself in its promotion of free speech and an unprecedented
free flow of ideas … our government, and it’s liberal
proponents have become masterful at censoring the one idea that
they (curiously) find repellant …. that is, the idea of
Christianity.

65)
Thomas Jefferson, Memoir, Correspondence, and Miscellanies,
From the Papers of Thomas Jefferson, Thomas Jefferson Randolph,
editor (Boston: Gray and Bowen, 1830), Vol. IV, p. 373, to Judge
William Johnson on June 12, 1823. [return to
document]
66) Everson v.
Board of Education, 330 U. S. 1, 18 (1947). [return
to document]
67) Engel v. Vitale,
370 U. S. 430, 425 (1962). [return to document]
68) Engel at 445,
Stewart, J. (dissenting). [return to document]
69) Abington v.
Schempp, 374 U. S. 312-313, Stewart, J. (dissenting). [return
to document]
80)
Basic data from Department of Health and Human Services and
Statistical Abstract of the United States., Basic data from
Statistical Abstract of the United States, and the Department
of Commerce, Census Bureau., Basic data from the Center for
Disease Control and Department of Health and Human Resources.,
Basic data from the College Entrance Exam Board, New York.,
Basic data from Statistical Abstract of the United States, and
the Department of Commerce, Census Bureau. [return
to document]
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