In our own time, the judiciary has embraced this figurative phrase as a virtual rule of constitutional law and as the organizing theme of churchstate jurisprudence, even though the metaphor is nowhere to be found in the U.S. Constitution. And the left knows that if people remain ignorant about what is in the Constitution, they will get away with it.
1 posted on
06/24/2006 2:00:33 PM PDT by
wagglebee
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To: Alexander Rubin; An American In Dairyland; Antoninus; Aquinasfan; BIRDS; BlackElk; BlessedBeGod; ...
MORAL ABSOLUTES PINGDISCUSSION ABOUT:
The Mythical "Wall of Separation": How a Misused Metaphor Changed ChurchState Law
Our Founding Fathers gave us freedom OF religion, not FROM it.
---------------------------------------------------------------------------------------------------------
To be included in or removed from the MORAL ABSOLUTES PINGLIST, please FReepMail wagglebee.
2 posted on
06/24/2006 2:01:54 PM PDT by
wagglebee
("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
To: wagglebee
Bump for later. Thanks for a good post!
3 posted on
06/24/2006 2:11:40 PM PDT by
outofsalt
("If History teaches us anything it's that history rarely teaches us anything")
To: wagglebee
Along with the fact that Mr. J was not present at the constitutional convention.
4 posted on
06/24/2006 2:14:39 PM PDT by
jla
To: wagglebee
I think that is probably why they do not have the kids in school read the Constitution and study it. I get so sick of hearing "separation of church and state".
Thanks for posting this.
5 posted on
06/24/2006 2:15:19 PM PDT by
KEmom
(Please send viable Republican candidates to Massachusetts!!)
To: wagglebee
Until
Everson is overruled, church-state jurisprudence will become increasingly incoherent.
Supreme Court justices, and the class they came from, probably thought religion in public life would disappear in 30-40 years, and that they were just laying the groundwork for the inevitable.
But they were wrong, and their "erection of a wall of separation" is going to have to go.
6 posted on
06/24/2006 2:15:51 PM PDT by
Jim Noble
(And you know what I'm talkin' 'bout!)
To: wagglebee
Great post. Printing this one out for my liberal friends to choke on.
To: wagglebee; GatorGirl; maryz; afraidfortherepublic; Antoninus; Aquinasfan; livius; ...
10 posted on
06/24/2006 2:29:47 PM PDT by
narses
(St Thomas says “lex injusta non obligat”)
To: wagglebee
"And the left knows that if people remain ignorant about what is in the Constitution, they will get away with it."
And with the Bible not being used as the main textbook.
11 posted on
06/24/2006 2:34:39 PM PDT by
BikerGold
(Woman Love Men With BIG Pickups As We Can Haul Home Bigger Furniture)
To: wagglebee
" In matters of religion, I have considered that its free exercise is placed by the constitution independent of the powers of the general [i.e., federal] government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction and discipline of State or Church authorities acknowledged by the several religious societies."
The "wall": Non-interference by the federal government in religious affairs.
"The free press guarantee, for example, was not written to protect the civil state from the press; rather, it was designed to protect a free and independent press from control by the federal government."
Good analogy.
13 posted on
06/24/2006 2:40:47 PM PDT by
sageb1
(This is the Final Crusade. There are only 2 sides. Pick one.)
To: wagglebee
I have often wondered why these metaphorical decisions have been accepted for the first amendment and not the second.
Jefferson also wrote a letter to a relative admonishing him to always bring his gun on his walks.
How about a new metaphor: "your gun should always walk with you"?
15 posted on
06/24/2006 2:49:01 PM PDT by
groanup
(Shred For Ian)
To: wagglebee
Wasn't Black a segregationist? That would make him an expert on separating things.
17 posted on
06/24/2006 3:27:13 PM PDT by
Lord Basil
(Hate isn't a family value; it's a liberal one.)
To: wagglebee
Great post, you beat me to it, lol. Everyone should read this Heritage article.
18 posted on
06/24/2006 4:15:05 PM PDT by
khnyny
(Never in the field of human conflict was so much owed by so many to so few.- Winston Churchill)
To: wagglebee
19 posted on
06/24/2006 4:28:28 PM PDT by
NonValueAdded
("So to hell with that twerp at the [WaPo]. I've got no time for him on a day like this." Mark Steyn)
To: wagglebee
If the Supreme Court has accepted it, it won't be disappearing anytime soon. Nor should it.
20 posted on
06/24/2006 4:50:42 PM PDT by
balrog666
(There is no freedom like knowledge, no slavery like ignorance. - Ali ibn Ali-Talib)
To: wagglebee
Jefferson wasn't an author of the Constitution.
I believe he was out of the country in France at the time.
22 posted on
06/24/2006 5:00:42 PM PDT by
TASMANIANRED
(The Internet is the samizdat of liberty..)
To: wagglebee
24 posted on
06/24/2006 5:22:47 PM PDT by
AZRepublican
("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
To: wagglebee
27 posted on
06/24/2006 5:51:18 PM PDT by
mrsmith
To: wagglebee
Thanks for the Post - will have to spend some quiet time with this one.
28 posted on
06/24/2006 5:52:02 PM PDT by
roofgoat
To: wagglebee
To: wagglebee; Ohioan
Jeffersons wall separated church and the federal government only. By incorporating the First Amendment non-establishment provision into the due process clause of the Fourteenth Amendment, Blacks wall separates religion and civil government at all levelsfederal, state, and local. By extending its prohibitions to state and local jurisdictions, Black turned the First Amendment, as ratified in 1791, on its head. A barrier originally designed, as a matter of federalism, to separate the national and state governments, and thereby to preserve state jurisdiction in matters pertaining to religion, was transformed into an instrument of the federal judiciary to invalidate policies and programs of state and local authorities. As the normative constitutional rule applicable to all relationships between religion and the civil state, the wall that Black built has become the defining structure of a putatively secular polity. Exactly... we have a FReeper who has a great (free) insight on this subject... I like it so well, I bought his book.
http://www.logical.arts.new.net/
The Conservative Debate Handbook is a great read and FR is greatly blessed to have Ohioan as a member.
32 posted on
06/24/2006 6:26:37 PM PDT by
LowOiL
("I am neither . I am a Christocrat" -Benjamin Rush)
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