Originally posted by Optional:
However, as pointed out - it is not in the Constitution. It's in a letter to a Baptist congregation.
"Separation of church and state" is a shorthand phrase that does a very good job of describing the intent of the First Amendment. The First Amendment's religious section has two clauses:
1.)Congress shall make no law respecting an establishment of religion
2.)or prohibiting the free exercise thereof
The first clause insists that the federal government not legislate any sort of establishment of religion, whether that would be a state church, a state creed, a religious test or the promotion of religion over non-religion. In it's day, it also meant that the federal government could not undermine the state churches established in some colonies like Massachusetts with its Congregational church establishment. (People were a little nervous about the power of a national government so soon after the Revolution.)
The second clause is a little easier for us to understand -- government should not prohibit the *free* exercise of religion according to the individual conscience. Did you notice the word "free"? It's not in there just to look nice. It states two things: first, that individuals have the right to exercise religion without the supervision of government (as long as it doesn't break any laws or violate someone else's rights) and second. by implication, that there should not be any government compulsion to practice religion. (It is freedom *of* religion and freedom *from* religion at the same time.)
Thomas Jefferson and James Madison worked with Baptists in Virginia to dis-establish the state church with the Virginia Statute for Religious Freedom (1786). Note that it occured between the passage of the Declaration of Independence and the Constitution:
http://www.worldpolicy.org/americas/religion/va-religiousfreedom.html
A look at the rest of the history preceding the passage of the First Amendment only affirms what I have said here. Religious people, Baptists especially, agitated to have separation of church and state included in the Constitution.
From inception of the Constitution until 1947, no Baptist organization or prominent Baptist person tried to validate this concept in a court of law.
That's quite an assertion...
The reason that the First Amendment did not come to the forefront in the Supreme Court is that the Bill of Rights technically only protected citizens from the power of the FEDERAL governement. The state governments did not have that restriction, but Congress insisted on religious liberty and separation of church and state for all new states before they could become part of the Union.
But the issue of state's rights came to a head in the Civil War. After the Southern States were defeated, the federal government wanted to do something to provide the protection of the Bill of Rights to all Americans, whether they be black, brown, yellow or white and passed the 14th Amendment (1868) which made everyone born in this country a citizen of the United States. (Previously, persons were citizens of a state and then through their state's membership in the Union, citizens of the United States.) Now the power of the First Amendment was the law for even the original colonies who had not passed their own legislation. This event is often called by legal scholars as the "incorperation" of the Bill of Rights to the states.
Through the next 70 years, the religious liberty cases were mostly handled by lower courts, but many state judges were not very well versed in the First Amendment. Many still used "Blackstone's Commentaries" on law as an important guide to making decisions. (Blackstone's Commentaries were written in according to English law that still includes a state-controlled and sponsored church.)
The first time the "free exercise" clause was incorperated in a Supreme Court decision was in Cantwell v. Connecticut (1940) -- Jehovah's Witnesses wanted the right to evangelize door to door. The first time the "establishment clause" was incorperated in a Supreme Court decision was in Everson v. Board of Education (1947) -- there was a question whether a New Jersey school board should provided bus services to children attending a Roman Catholic school.
It was the ACLU and the court's interpretation of one man's private opinion.
It seems the ACLU has only been brought in to this conversation to demonize the separation of church and state view. Just because the ACLU happens to support it doesn't mean it is evil. As far as separation of church and state being "one man's private opinion' (Jefferson, I assume), that point of view demonstrates a lack of understand of the historical backdrop of the First Amendment.
Also, where in the Baptist Faith Message does it say the Church is not to be involved in affairs of government. It says the Church should not take civil actions and that the State should protect the Church's rights. The Church has every right to be involved in State.
Yes. Quite true, but I don't think you've misunderstood what Kiffin meant...
[ July 13, 2002, 01:10 PM: Message edited by: Baptist Believer ]