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, that among these are life, liberty and the pursuit of happiness.
-The Declaration of Independance, 1776
Foes of "separation of church and state" often point out that that phrase never appears in the Constitution and cite the above quotation as "proof" that the founding fathers intended America to be run as a Christian nation. It is ironic then that the phrase about unalienable rights to "life, liberty and the pursuit of happiness" appears nowhere in the Bible and that the "Creator" the signers of the Declaration were talking about bears a greater resemblance to the deistic concept of God than the Christian one.
It is interesting too that these theists never quote the next sentence of the Declaration of Independance either. It goes: “That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed…” Regardless of whom they attributed those rights to, the signers of the Declaration assigned no further role to God in government.
Even if that were not the case though, the Declaration of Independance is not the document that defined how the country is governed. That's the job of the Constitution with it’s associated Bill of Rights. And God doesn’t get a government job in them either.
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They are right about one thing though. Part of what Jefferson meant in using the term “separation of church and state” is that church would be protected from interference by the government. The Establishment Clause is, however, a two way street. And it’s not so much that the government needs protection from the church either. It’s that the governed need protection from churches attempting to work through government to promote religious agendas. In other words, separation of church and state is guaranteed in order to protect the freedom of conscience of each individual as well as each church.It is entirely beside the point that the phrase “separation of church and state” doesn’t appear in the Constitution or Bill of Rights. It doesn’t have to. Jefferson used the term to describe what the Establishment Clause of the 1st Amendment did. That’s also what James Madison, the guy who actually wrote the Establishment Clause, was doing when he used the same phrase a couple years after Jefferson. This was a great thing those founding fathers put their lives on the line for. It gave everyone the same kind of protection from what Madison called “the tyranny of the majority” in matters of freedom of conscience. It provided a level playing field where all ideas on religion can compete freely for the hearts and minds of people. It is an idea in which the United States will forever be the first nation in history to enshrine in law. It is worth celebrating. It is worth being thankful for.
Photo Credit: Thomas Jefferson
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Comments
thanks for the post. funny how i was just talking about this and "one nation under god" yesterday. and then i found out that god isn't mentioned in the constitution either ... hmmm. which president added the statement to the pledge? which one added it to the money, or was it on the money all along? curous.
Hello laurie. "Under God" was added to the Pledge of Allegiance in 1954 by Congress during the Eisenhower administration. "One nation under God" does not appear on money though. You're thinking of "In God we trust" which first appeared on a US coin in 1864 during the height of the Civil War. It did not become the official motto of the US (or appear much on currency) until 1956, which was at the height of the Cold War and yes, Eisenhower was still president then. "In God we trust" replaced the original, more inclusive US motto, "E pluribus unum" ("Out of many, one").
Hugh: I also notice that you totally omitt the actual first line of the 1st amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
Ooops. Looks like that refers only to congress, not the states or local municipalities etc.
Your argument is absurd. You blame the "religious" for trying to imply God is in the Constitution even though the word never once appears; out of the other side of your mouth you try to imply that the phrase "seperation of church and state" appears in the Constitution.
Guess what? It's an invention (just like "in God we trust" on money) which was created during the Lemon v. Kurtzman trial of 1971.
Hello Eugene. You still haven't read the Incorporation Doctrine established by the 14th Amendment yet, have you?
Oh that one, the one that is selectively applied whenever it is brought up? Because it's okay for New York or California to ban gun ownership, but if Alabama posts the ten commandments or a manger scene on a courthouse lawn that counts as "establishing religion" - that incorporation doctrine?
Hello Eugene. Please fact check because, if I'm interested enough to answer, you know I will. Neither New York or California bans guns; not even handguns. You can check that on the NRA site. In fact, the only real attempt to ban hand-guns, Washington DC's, was shot down by the Supreme Court just last year. So, if you're implying that the 2nd Amendment isn't being applied to local governments as fervently as the 1st, you should be reassured to find that it is. The Constitution works and it works pretty well.
I was just looking at Thomas Jefferson quotes this morning!
This was a man who clearly believed in the separation of church and state, no matter how it was taken in later years:
"Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between church and State."
-Thomas Jefferson, letter to Danbury Baptist Association, CT., Jan. 1, 1802
Absolutely, Kris! It's also interesting to read the Danbury Baptists' letter: "Our Sentiments are uniformly on the side of Religious Liberty. That Religion is at all times and places a Matter between God and Individuals. That no man ought to suffer in Name, person or effects on account of his religious Opinions. That the legitimate Power of civil Government extends no further than to punish the man who works ill to his neighbour."
Those Danbury Baptists were pretty smart cookies when it comes to understanding the need for separation of church and state. It's important to note that they have plenty of modern counterparts; religious people, including many Baptists, who still understand what it is and why it's necessary for their freedom as well as everyone else's.
I was just looking at Thomas Jefferson quotes this morning!
This was a man who clearly believed in the separation of church and state, no matter how it was taken in later years:
"Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between church and State."
-Thomas Jefferson, letter to Danbury Baptist Association, CT., Jan. 1, 1802
Oh, sorry for the double post!
Everyone always cites Jerfferson's letter to the Danbury Baptists, but I think that his letter to the VIRGINIA Batists actually offers us the better clarity of the 1st Amendment's purpose...
"Because religious belief, or non-belief, is such an important part of every person's life, freedom of religion affects every individual. Religious institutions that use government power in support of themselves and force their views on persons of other faiths, or of no faith, undermine all our civil rights. Moreover, state support of an established religion tends to make the clergy unresponsive to their own people, and leads to corruption within religion itself. Erecting the "wall of separation between church and state," therefore, is absolutely essential." ~ Thomas Jefferson's letter to the VIRGINIA Baptists.
Hugh, Cali bans .50 Rifles. This is why the City of L.A. can't get their Barrett back from the factory. Mr Barrett refuses to break the law and send it back to them. This has been in court for a little while. Cali does indeed ban and restrict guns. And there is no data showing that it is helping fight crime.
The ban in DC in back in court due to the City fighting to keep their law abiding citizens disarmed.
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