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![]() "Ed Rasimus" wrote in message ... On Fri, 19 Mar 2004 17:47:24 GMT, "Gord Beaman" ) wrote: Guy Alcala wrote: WalterM140 wrote: Separation of church and state, anyone? The president doesn't speak for the state in the same way that the Queen of England does, for instance. Lincoln quotes snipped The framers wanted Americans to have freedom -of- religion, not freedom -from- religion. In order to have freedom -of- religion, one must also have the option of freedom -from- religion, or no freedom exists. Guy (a life-long agnostic) That's akin to saying that freedom doesn't exist unless everyone is free to do whatever they wish. I don't think that I'd like to live in a country where that was the case, would you?. Time for the ol' Political Science professor to drop in and point out some things. First, the president speaks for the state in a much greater way than the Queen. The US President is both head of state and head of government. That being said, however, when a President professes his own faith and trust in divine providence, he isn't speaking for the state. And, when an historic presidential statement is made it reflects more on the sociology of the time than the politics. It definitely does not speak to Constitutional interpretation. Following a Christian philosophy is not evangelization. Then, the oft-quoted conundrum of "freedom-of" versus "freedom from" is found nowhere in Constitutional law. The religion guarantees in the First Amendment are in two clauses--separate and not contradictory. Wrong, "the free exercise theroef" eliminates any possibility of a "freedom from" religion. The First Amendment is a powerful thing and I have used the final delcaration myself, to improve regulation. First, the "Congress shall make no law respecting an establishment of religion"--that means not only that the Congress shall not establish a religion, i.e. a governmentally endorsed faith. But goes a step further in specifiying that the law shall not "respect" a particular establishment of religion. In other words, no favoritism for one religion over another. This is a restriction on the government, not the citizens. And, by virtue of the 14th Amendment's "equal protection" provisions it applies to the lesser levels of government in our federal system as well. And thus we can have a Southern Baptist Church on one corner and a Methodist Curch catty corner to it and have no excessive exchange of gunfire. None of that implys in any way that there is any right to "freedom from" religion and a constructionist interpretation would need to conclude that an insistance on "freedom from " religion is in fact a violation of the First Amendment. The Forteenth Amendment, it is intended as an enforcement mechanism for the Thirteenth Amendment. One need only discover the Fifteenth Aendment and the 95 year delay in enacting enabling law to understand how the wind came out of the Constitutional change sail once the enforcement of anti-slavery law moved forward. (1869) Second, the sentence goes on, "...or restricting the free exercise thereof." That part applies to the citizens. Citizens are free to practice the rituals of their individual faiths without governmental interference. (Of course if that practice interferes with the rights of others, or the 'general welfare" of society, we can constrain the practice of religion--hence no more virgins in the volcanoes.) Perhaps, but the Governement's expression of religion is part of our buildings and money everywhere. It would seem that the general proclomation of the Forteenth Amendment is being used to circumvent the "free exercise thereof" explicitly guaranteed under the First. As for the God-fearing attributes of the Framers, they were politicians of the time and the custom was to express a level of civility and piety in their public discourse. Many belonged to Protestant denomination churches, but many were also agnostic or (as in the case of Thomas Jefferson,) deists--believers in a Supreme Being without espousal of a particular liturgy. There's little evidence to link anything in the Constitution to Christianity. Even Ed is peddler of revisionionist PC bull****. Notice how we began at Guy's desire to be "left alone", as guaranteed by Fourth Amendment, to Ed's activist PC proclomation about it being OK to attack Christianity. |
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