To: YOUGOTIT
"What we have today is not really Jefferson's wall, but Supreme Court Justice Hugo Black's wall"
Absolutely correct. Jefferson's letter to Danbury talks only of a seperation of Church and State, a reference to the first amendments prohibitions on establishing a State church, as the Brittish had done with the Church of England. Hugo Black took this phrase and reinterpeted it to mean a seperation of religion or faith and State. This was never contemplated by those who ratified the first amendment and completely different from what Jefferson was refering to in his letter.
40 posted on
01/10/2006 8:06:01 AM PST by
joebuck
To: joebuck
It does not really matter what Jefferson said in his 1802 letter to the Baptists, because Justice Hugo Black did not obtain any legal principles or rules from Jefferson. Justice Black was simply stuck with the label that the Reynolds Court had affixed, in 1878, to the Madison Doctrine of Separation.
Read the opinion. The legal principles all come from the works of James Madison.
To: joebuck
Please show me where Justice Hugo Black said the First Amendment meant a "separation of religion or faith and State."
Black made it clear that "a wall of separation between Church and State" was just another way of saying the following:
The Government cannot set up a church.
The Government cannot aid one religion, aid all religions or prefer one religion over another.
The Government cannot use force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.
The Government cannot punish anyone for entertaining or professing religious beliefs or disbeliefs, for church attendance or nonattendance.
The Government cannot tax an individual to support any religious activities or institutions, whatever they may be called, or whatever from they may adopt to teach or practice religion.
The Government cannot participate in the affairs of any religious organizations or groups and vice versa.
Justice Hugo Black never even said the First Amendment meant a "separation of religion or faith and State." Your statement is nothing but a useless misinterpretation of his alleged misinterpretation.
To: joebuck
What did Jefferson mean when he said he revered the religion clauses because, "the legitimate powers of government reach actions only, and not opinions?"
82 posted on
01/18/2006 1:54:44 PM PST by
FredFlash
(The legitimate powers of government reach actions only, and not opinions.)
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