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WHY GOD IS IN THE DECLARATION BUT NOT THE CONSTITUTION
Journal of the American Revolution ^ | February 22, 2016 | Anthony J. Minna

Posted on 07/04/2018 7:22:43 AM PDT by OneVike


No country venerates its “Founding Fathers” like the United States. Academics, legislators, judges, and ordinary citizens all frequently seek to validate their opinions and policy prescriptions by identifying them with the statesmen who led America to nationhood. It is not surprising, therefore, that debates about the role of religion in the United States are infused with references to the faith of the Founding Fathers and to the two greatest documents they gave to the fledgling republic: the Declaration of Independence and the United States Constitution. People across the religious spectrum, from the most devout believers to the most committed atheists, look to these documents for support. Yet the blessings they offer are mixed. The Declaration contains several references to God, the Constitution none at all. The reasons for this variation reveal a great deal about the founding principles of the United States.

The Declaration of Independence is an apology for revolution. Support for a complete break with Great Britain was growing stronger week by week in the spring of 1776, both in the Continental Congress and in the thirteen colonies at large. On June 7, 1776, a resolution advocating independence was presented to Congress by Richard Henry Lee of the Virginia delegation. Four days later Congress appointed a committee of five delegates to draft a document explaining the historic separation it would soon be voting on.

The resulting Declaration of Independence, drafted by Thomas Jefferson and edited by his fellow delegates, contains a theory of rights that depends on a Supreme Being, not man, for its validity. The Declaration states 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.” It is possible to see in these words an affirmation of the Founders’ religious faith, but God-given rights had less to do with theology in the summer of 1776 than they did with rebellion.

In stating that people’s rights were given to them by their creator, the Continental Congress endowed those rights with a legitimacy that knows no parallel in mortal sources. What God has given to man is not enjoyed at the sufferance of any monarch or government. Liberty is the inviolable birthright of all. The right of revolution proclaimed by the Declaration flows directly from this notion of inviolability: it is to secure people’s divinely endowed and unalienable rights that governments, “deriving their just powers from the consent of the governed,” are established. The people consequently have the right and indeed the duty to alter or abolish a form of government that becomes tyrannical.

The Declaration contains several other references to a higher power. The introduction states that the “Laws of Nature and Nature’s God” entitle the American people to a separate and equal station among the powers of the earth. In the conclusion, Congress appeals to “the Supreme Judge of the world” for the rectitude of its intentions and professes its “firm reliance on the protection of divine Providence.” In each case, reference to a deity serves to validate the assertion of independence.

The genius of the Declaration is the inclusive way the divine is given expression. The appellations of God are generic. Adherents of traditional theistic sects can read the words “Nature’s God,” “Creator,” and “Supreme Judge,” and understand them to mean the god they worship. The claims made on numerous Christian websites attest to this. Yet opponents of dogma read those same words and see an embracive, non-sectarian concept of divinity. This is no small testimony to the wisdom and foresight of the Founding Fathers. All Americans could support the Revolution and independence. All can regard their rights as unalienable, their liberty as inviolable.

Unlike the Declaration of Independence, the United States Constitution contains no reference to God. At first, this may seem odd. Why did the men who drafted the Declaration invoke a Supreme Being several times, while the men who drafted the Constitution did not mention a higher power even once? Only six individuals signed both documents, so it could be hypothesized that the delegates to the Constitutional Convention that convened in Philadelphia in 1787 were a different and less religious group then the delegates to the Continental Congress, or perhaps that the delegates to the Continental Congress were savvy freethinkers cynically manipulating people’s belief in God to win support for their overthrow of British rule. Neither explanation holds water. Some of the Founders were conventional Christians and some were not, but the belief in a deity implied in the Declaration was sincere and likely universal among the delegates to both the Continental Congress and the Constitutional Convention. And a belief in the possibility of divine favor was held by even some of the least religious Founders. So, again, why no invocation of God in the second major founding document?

The threefold answer lies in the stated purposes of the Constitution, its religious neutrality, and the theory of government it embodies. Whereas the Declaration explained and justified a rebellion to secure God-given rights, the Constitution is a blueprint for stable and effective republican government in a free country. The Preamble to the Constitution declares that its purposes are “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty.” These are wholly secular objects; religious references are extraneous in a document drafted to further them.

Eighteenth century America was religiously diverse, and by the time of the Revolution religion was widely viewed as a matter of voluntary individual choice. The Constitution acknowledged these realities and, unlike contemporary European political orders, promoted no sect and took no position whatsoever on theological issues. There is no state religion and Article VI of the Constitution provides that “no religious Test shall ever be required as a qualification to any Office or public Trust under the United States.” The First Amendment to the Constitution, ratified in 1791, provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The absence of references to a deity in the Constitution is consistent with the strict religious neutrality of the entire document.

The Constitution established a strong national government to replace the relatively feeble Confederation Congress created by the Revolutionary-era Articles of Confederation, but the Constitution is hardly a document glorifying top-down power. On the contrary, the theory of government underpinning the United States Constitution is popular sovereignty. The government derives its legitimacy from the consent of the governed, not from an assembly of elders, not from a king or a prelate, and not from a higher power. The stirring opening words of the Preamble, “We the People of the United States,” make it clear both who is establishing the government and for whose benefit it exists. There is no consent required beyond the will of the people for the people to govern themselves.

This view that the Constitution is a bold assertion of popular sovereignty is often countered by pointing out how elitist some of the delegates to the Constitutional Convention were and how allegedly undemocratic the document they drafted was. Only the members of the House of Representatives were initially chosen directly by voters. Senators were to be chosen indirectly by state legislatures, and the President by electors appointed by the state legislatures.

This criticism confuses an admittedly elitist preference for government by the able with a theory of power emanating from above. The Constitution not only rejected monarchy, but all forms of hereditary privilege and arbitrary rule. It established fixed rules that delimited the powers of the governors, not the rights of the governed. It is to the citizens and the states, not to the executive, that legislators are answerable. The source of all legislative and executive power can be traced, directly or indirectly, to the people.

And in the early years of the American republic, the people in question were deeply suspicious of power. There was considerable opposition to the Constitution as initially drafted, both in the state conventions called to ratify it and among ordinary Americans. Opponents believed that a centralization of authority would lead to tyranny and argued either for outright rejection or, at a minimum, for amendments to limit the powers of the new government and safeguard liberties. In such an anti-power environment, few Americans wished to see their new rulers claim, as European rulers did, that their authority was divine in origin. In creating a political order based on popular sovereignty, the Founding Fathers thus turned prevailing European political theory on its head. In place of the divine right of monarchs, the Declaration asserted the divine rights of all men, and both the Declaration and the Constitution source the legitimacy of political rule exclusively in the consent of the governed.

The Declaration of Independence and the United States Constitution do not therefore represent competing views of the existence of a Supreme Being or its role in American political life. They are two sides of the same coin. When read together, the Declaration and Constitution tell us that the people’s rights are divine in origin, sacred and unalienable, while governments are human in origin, answerable to the people and dependent entirely on their consent.


TOPICS: Chit/Chat; Education; History; Religion
KEYWORDS: constitution; july4th
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To: DesertRhino
In the Declaration, rights come from our creator

Important correction: In the Declaration, rights come from our their creator.

21 posted on 07/04/2018 8:35:59 AM PDT by MosesKnows (Love Many, Trust Few, and Always Paddle Your Own Canoe)
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To: OneVike

Bookmark


22 posted on 07/04/2018 8:36:53 AM PDT by Mase (Save me from the people who would save me from myself!)
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To: Political Junkie Too

That’s okay. I just will never view the Constitution as Holy. If it was Holy, God would be the focus.

That’s just my opinion.


23 posted on 07/04/2018 8:38:02 AM PDT by boycott
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To: OneVike

tl;dr

To me it’s been the declaration is why we’re rebeling and the constitution is how we will run our new country.

I also keep in mind that the great distance and logistical problem we were for Britain played to our advantage. Had we been Ireland all the leaders would have been drawn and quartered and the punitive measures against the population would have been horrendous.


24 posted on 07/04/2018 8:38:13 AM PDT by Fhios (♫ Oh Where have you been Jeffy boy Jeffy boy oh where have you been charming Jeffy?)
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To: firebrand
. . . citing the “year of the our Lord” as proof of intentional theocracy is ridiculous.

Yep. "In the year of the Lord" means "Anno Domini" which is AD. It is correct to write AD 1787, 1787 AD not so correct.

25 posted on 07/04/2018 8:50:32 AM PDT by IndispensableDestiny
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To: OneVike
The religious foundations were already included in the state constitutions:

https://web.archive.org/web/20020807091322/http://usconservatives.about.com:80/library/weekly/aaundergoda.htm

A Nation of States, Under God

Founders Did Not Envision Separation of Religion and State

Church-state separatists often cite the writings of Thomas Jefferson and James Madison as proof that the founders were not Christian -- or even religious -- in order to spin the First Amendment's establishment clause to mean that religion and government must be kept separate. Of course, opposing quotes from Patrick Henry, George Washington, and others are often cited as proof that religious principles were considered the foundation for governing the new republic and thought to be essential to its continuation. Even Jefferson and Madison encouraged and attended church services in the House of Representatives and in executive branch buildings during their presidencies.

The majority of the state constitutions existing at the time the federal Constitution's signing explicitly endorsed and established Christian principles in the state governments (see relevant excerpts below). The new federal Constitution did not replace those state constitutions. It was created to establish and limit the powers of the new national government. The Library of Congress' excellent exhibit on the subject ("Religion and the Founding of the American Republic") summarizes this neglected bit of history:

The Constitution was reticent about religion for two reasons: first, many delegates were committed federalists, who believed that the power to legislate on religion, if it existed at all, lay within the domain of the state, not the national, governments; second, the delegates believed that it would be a tactical mistake to introduce such a politically controversial issue as religion into the Constitution. The only "religious clause" in the document--the proscription of religious tests as qualifications for federal office in Article Six--was intended to defuse controversy by disarming potential critics who might claim religious discrimination in eligibility for public office.

That religion was not otherwise addressed in the Constitution did not make it an "irreligious" document any more than the Articles of Confederation was an "irreligious" document. The Constitution dealt with the church precisely as the Articles had, thereby maintaining, at the national level, the religious status quo. In neither document did the people yield any explicit power to act in the field of religion. But the absence of expressed powers did not prevent either the Continental-Confederation Congress or the Congress under the Constitution from sponsoring a program to support general, nonsectarian religion.

Obviously, Jefferson's oft-quoted phrase, "separation of church of state," did not mean that religion or references to God should be absent from government. Rather, the founders' intent was to prevent the potential abuses made possible by a powerful, state-sponsored denomination (the "church" in "separation of church and state") like the Church of England.

The Constitution of North Carolina, 1776: XXXII. That no person, who shall deny the being of God or the truth of the Protestant religion, or the divine authority either of the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State.

The Constitution of Delaware, 1776: ART. 22. Every person who shall be chosen a member of either house, or appointed to any office or place of trust, before taking his seat, or entering upon the execution of his office, shall take the following oath, or affirmation, if conscientiously scrupulous of taking an oath, to wit:

" I, A B. will bear true allegiance to the Delaware State, submit to its constitution and laws, and do no act wittingly whereby the freedom thereof may be prejudiced."

And also make and subscribe the following declaration, to wit:

" I, A B. do profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost, one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New Testament to be given by divine inspiration."

The Constitution of Maryland, 1776: XXXIII. That, as it is the duty of every man to worship God in such manner as he thinks most acceptable to him; all persons, professing the Christian religion, are equally entitled to protection in their religious liberty; wherefore no person ought by any law to be molested in his person or estate on account of his religious persuasion or profession, or for his religious practice; unless, under colour of religion, any man shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others, in their natural, civil, or religious rights; nor ought any person to be compelled to frequent or maintain, or contribute, unless on contract, to maintain any particular place of worship, or any particular ministry; yet the Legislature may, in their discretion, lay a general and equal tax for the support of the Christian religion; leaving to each individual the power of appointing the payment over of the money, collected from him, to the support of any particular place of worship or minister, or for the benefit of the poor of his own denomination, or the poor in general of any particular county�

XXXV. That no other test or qualification ought to be required, on admission to any office of trust or profit, than such oath of support and fidelity to this State, and such oath of office, as shall be directed by this Convention or the Legislature of this State, and a declaration of a belief in the Christian religion

The Constitution of New Jersey, 1776: XVIII. That no person shall ever, within this Colony, be deprived of the inestimable privilege of worshipping Almighty God in a manner, agreeable to the dictates of his own conscience; nor, under any presence whatever, be compelled to attend any place of worship, contrary to his own faith and judgment; nor shall any person, within this Colony, ever be obliged to pay tithes, taxes, or any other rates, for the purpose of building or repairing any other church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himself to perform.

XIX. That there shall be no establishment of any one religious sect in this Province, in preference to another; and that no Protestant inhabitant of this Colony shall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all persons, professing a belief in the faith of any Protestant sect. who shall demean themselves peaceably under the government, as hereby established, shall be capable of being elected into any office of profit or trust, or being a member of either branch of the Legislature, and shall fully and freely enjoy every privilege and immunity, enjoyed by others their fellow subjects.

The Constitution of New York, 1777: XXXVIII. And whereas we are required, by the benevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind, this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed, within this State, to all mankind: Provided, That the liberty of conscience, hereby granted, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any presence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this State.

The Constitution of Pennsylvania, 1776: SECT. 10. A quorum of the house of representatives shall consist of two-thirds of the whole number of members elected; and having met and chosen their speaker, shall each of them before they proceed to business take and subscribe� And each member, before he takes his seat, shall make and subscribe the following declaration, viz:

I do believe in one God, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration.

The Constitution of South Carolina, 1778: XXXVIII. That all persons and religious societies who acknowledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worshipped, shall be freely tolerated. The Christian Protestant religion shall be deemed, and is hereby constituted and declared to be, the established religion of this State. That all denominations of Christian Protestants in this State, demeaning themselves peaceably and faithfully, shall enjoy equal religious and civil privileges. To accomplish this desirable purpose without injury to the religious property of those societies of Christians which are by law already incorporated for the purpose of religious worship, and to put it fully into the power of every other society of Christian Protestants, either already formed or hereafter to be formed, to obtain the like incorporation, it is hereby constituted, appointed, and declared that the respective societies of the Church of England that are already formed in this State for the purpose of religious worship shall still continue incorporate and hold the religious property now in their possession. And that whenever fifteen or more male persons, not under twenty-one years of age, professing the Christian Protestant religion, and agreeing to unite themselves In a society for the purposes of religious worship, they shall, (on complying with the terms hereinafter mentioned,) be, and be constituted a church, and be esteemed and regarded in law as of the established religion of the State, and on a petition to the legislature shall be entitled to be incorporated and to enjoy equal privileges. That every society of Christians so formed shall give themselves a name or denomination by which they shall be called and known in law, and all that associate with them for the purposes of worship shall be esteemed as belonging to the society so called. But that previous to the establishment and incorporation of the respective societies of every denomination as aforesaid, and in order to entitle them thereto, each society so petitioning shall have agreed to and subscribed in a book the following five articles, without which no agreement fir union of men upon presence of religion shall entitle them to be incorporated and esteemed as a church of the established religion of this State:

1st. That there is one eternal God, and a future state of rewards and punishments.

2d. That God is publicly to be worshipped.

3d. That the Christian religion is the true religion

4th. That the holy scriptures of the Old and New Testaments are of divine inspiration, and are the rule of faith and practice.

5th. That it is lawful and the duty of every man being thereunto called by those that govern, to bear witness to the truth.

Constitution of Vermont, 1786: Chap. I - III. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understandings, as In their opinion shall be regulated by the word of God; and that no man ought, or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his conscience; nor can any man be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship; and that no authority can, or ought to be vested in, or assumed by any power whatsoever, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship: Nevertheless, every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.

Chap. II - XXXVIII. Laws for the encouragement of virtue, and prevention of vice and immorality, ought to be constantly kept in force, and duly executed; and a competent number of schools ought to be maintained in each town for the convenient instruction of youth; and one or more grammar schools be incorporated, and properly supported in each county in this State. And all religious societies, or bodies of men, that may be hereafter united or incorporated, for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates, which they in justice ought to enjoy, under such regulations as the General Assembly of this State shall direct.

The Constitution of Virginia, 1776: SEC. 16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.

The Constitution of Georgia, 1777: ART. VI. The representatives shall be chosen out of the residents in each county, who shall have resided at least twelve months in this State, and three months in the county where they shall be elected � and they shall be of the Protestant religion, and of the age of twenty-one years�

26 posted on 07/04/2018 8:50:34 AM PDT by Servant
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To: MosesKnows

I wasn’t directly quoting it, I was saying what it communicated. That OUR rights come from our creator and are the natural condition of mankind. When rights are taken away that is an unnatural state. That is what Kings do, that is what governments do. They were attempting to construct a government subservient to the people, designed to protect their rights and nothing else


27 posted on 07/04/2018 8:52:46 AM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: Political Junkie Too

They capitalized everything—and also stuck commas in where they didn’t belong, creating problems for us even today. Don’t look to the copyediting skills of the founders to figure out whether we should have a secular government or a theocracy.


28 posted on 07/04/2018 8:56:53 AM PDT by firebrand
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To: OneVike; firebrand; Ezekiel

29 posted on 07/04/2018 8:57:02 AM PDT by BTerclinger (MAGA)
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To: Delta 21

Well stated!


30 posted on 07/04/2018 8:57:51 AM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
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To: boycott

They all loved God. That is evident in many places other than the Constitution. But it is there too, notable by its absence.

In other words, that’s exactly why it is so remarkable and laudable that they kept Him out of the document: They knew you had to decide for yourself if you were one of God’s people, and if you put it in the law you are fouling the whole batch. Seems like such a minor—and even controversial—point to some, but it is the backbone of our nation. We love God but do not in any way coerce others to honor Him. We give them the priceless gift of their own conscience in the matter.

They were Protestants, remember. The Catholic Church didn’t get around to dealing rigorously with the issue of conscience until the first years of Vatican II (most of the things in Vatican II that Catholics object to came with the next pope, not John XXIII). The Baptists, with their concept of baptism by personal commitment, have been called the heirs of the Puritans. And they were the heirs of 18th-century enlightenment, and so are we.

Thank you, Lord, for the razor-sharp minds of our founders.


31 posted on 07/04/2018 9:11:46 AM PDT by firebrand
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To: Servant

They left it out of the hands of the feds. They left it to the states and the people, in the all-important 10th amendment. Sheer genius.


32 posted on 07/04/2018 9:18:14 AM PDT by firebrand
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To: boycott
That’s okay. I just will never view the Constitution as Holy. If it was Holy, God would be the focus.

Well said. On a same note, I cring when people say "holy crap", or "holy smokes", or "holy makerel".
33 posted on 07/04/2018 9:18:31 AM PDT by Old Yeller (Auto-correct has become my worst enema.)
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To: boycott

It’s not holy. It’s the guardian of the holy. And the unholy.

That’s why it’s not correct to use the phrase “desecrate the flag,” although Merriam-Webster will allow any usage whatsoever.


34 posted on 07/04/2018 9:20:45 AM PDT by firebrand
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To: IndispensableDestiny

LOL. Well, that’s another matter, which I am constantly correcting!


35 posted on 07/04/2018 9:22:15 AM PDT by firebrand
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To: firebrand

Secular in that ‘men/state’ is God? Man/woman, since the Garden Party thinks they can do things better.


36 posted on 07/04/2018 9:27:05 AM PDT by Just mythoughts
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To: firebrand

Let’s not forget that Puritans used hang Quakers. They left England to establish a Puritan state where Puritan Anglicanism— a.k.a Congregationalism —could be practiced. They did not leave England to establish a state where people were free to practice whatever religion they wanted. It is incorrect to say the Puritans wanted freedom of religion; they did not. They wanted to be able to practice their own religion freely. Those are two very different things.


37 posted on 07/04/2018 9:27:14 AM PDT by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
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To: Just mythoughts

No, they never set the federal government up as God. Another historical item to remember is that they had recently shed their blood to fight tyranny. If anyone knew better, it was them.


38 posted on 07/04/2018 9:29:57 AM PDT by firebrand
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To: Bishop_Malachi
That's why I said heirs of the Puritans. The Baptists changed things somewhat. They kept a lot of the important stuff, though, if you accept the statement--for example, living every aspect of your life in strict observance of what you believe. Yes, other religions have that, but the Baptists as a group stress it among themselves.

Some people prefer to say that the evangelicals are the heirs of the Puritans. In one important way, they are. They are both invisible.

39 posted on 07/04/2018 9:35:09 AM PDT by firebrand
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To: firebrand
Nobody is saying a theocracy, only that the Founders and Framers appealed to the grace of God for their success.

-PJ

40 posted on 07/04/2018 9:38:26 AM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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