... nothing could be more ill-judged than that intolerant spirit which has, at all times, characterized political parties. For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution. [Federalist #1]But there's a lot more in Federalist #10:
The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to co-operate for their common good.
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It is in vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one party may find in disregarding the rights of another or the good of the whole.The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS.
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By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression.
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A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national councils against any danger from that source. [Federalist #10]
And that my friend is a clear statement of the original intent of the first amendment! To ensure (through the free exercise of religion) that there are sufficient sects scattered about the country so as to ensure that we do not end up with a national religion like they had in Europe.
The Federalist papers cannot be used to justify the decision in this case. No national religion was formed and no powerful religious sect was created by the Dover School Board. They simply proclaimed a policy aimed at appeasing the fundamentalist students who believe that Darwinianism is in dire conflict with their religious beliefs. At its worst, the policy was an accomodation of religion. Clearly there was no establishment of religion or even an attempt to establish a religion as mentioned in the Federalist paper quoted here.
Thanks for posting that and clearing this up.