Original Intent
of the First Amendment.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to petition the Government
for a redress of grievances."
Is America founded upon and subservient to the laws of God? America's Founding Father's say yes. Today's Federal courts say no.
Our Constitution operates on long-standing principals which were incorporated into our government over two hundred years ago; each constitutional provision reflects a specific philosophy implemented to avoid a specific problem. Therefore, grasping the purpose for any clause of the Constitution is possible only through a proper historical understanding of the debates and the conclusions reached two hundred years ago.
If our understanding of historical facts and constitutional intent becomes confused or mistaken, the resulting policies may be not only ill-founded but may actually create the very abuses that the Founders originally intended to avoid.
Declaration of Independence
Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument. Here, in exalted and unforgettable phrases, Jefferson expressed the convictions in the minds and hearts of the American people. The political philosophy of the Declaration was not new; its ideals of individual liberty had already been expressed by John Locke and the Continental philosophers. What Jefferson did was to summarize this philosophy in "self-evident truths" and set forth a list of grievances against the King in order to justify before the world the breaking of ties between the colonies and the mother country.
Declaration of Independence
"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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --"
The Constitution of the United States
Assembly Room in Independence Hall, Philadelphia,
site of the signing of the Constitution in 1787.
Delegates to the Constitutional Convention On February 21, 1787, the Continental Congress resolved that:
...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philladelphia for the sole and express purpose of revising the Articles of Confederation...
The original states, except Rhode Island, collectively appointed 70 individuals to the Constitutional Convention, but a number did not accept or could not attend. Those who did not attend included Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams and, John Hancock.
In all, 55 delegates attended the Constitutional Convention sessions, but only 39 actually signed the Constitution. The delegates ranged in age from Jonathan Dayton, aged 26, to Benjamin Franklin, aged 81, who was so infirm that he had to be carried to sessions in a sedan chair. Signers of the Constitution.
Bill of Rights
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.
On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.
The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government. The first freedoms guaranteed in this historic document were articulated in the 45 words written by James Madison that we have come to know as the First Amendment.
The Founder's Own Words
"Of all the dispositions and habits which lead to political prosperity, Religion and Morality are indispensable supports. In vain would that man claim the tribute of Patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of Men and Citizens. The mere Politician, equally with the pious man, ought to respect and cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked, Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investiagation in Courts of Justice?
And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle." --George Washington --Farewell Address, excerpts (17 Sep 1796)
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In a 1798 letter to American military officers, President John Adams declared that "The Constitution was made only for a moral and religious people. It is wholly inadequate to the governance of any other."
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"The attempt by the rulers of a nation [France] to destroy all religious opinions and to pervert a whole people to atheism is a phenomenon of profligacy [act of moral depravity]. . . .To establish atheism on the ruins of Christianity [is] to deprive mankind of its best consolations and most animating hopes and to make a gloomy desert of the universe." --Alexander Hamilton
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"We have staked the future of government not upon the power of government, far from it. We have staked the future of all of our political institutions on the capacity of each and all of us to govern ourselves according to the ten commandments of God." -James Madison
The Separation of Church and State
"The separation of church and state" is an overused and regularly abused historical phrase.
Although these word are familiar few Americans know their history. The phrase appeared in an exchange of letters between Thomas Jefferon and the Babtist Association of Danbury Conneticut.
"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 to Danbury Baptists, 1802.
The "wall" of the Danbury letter were not meant to limit religious activities in public, rather they were to limit the power of the government to prohibit or interfere with free expression of religion.
Jefferson believed that God, not government, was the Author and Source of our rights. He understood the Source of Americas inalienable rights so well that he even doubted whether America could survive if we ever lost that knowledge. Jefferson said:
"And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of people that these liberties are the gift of God? That they are not to be violated but with His wrath?"
"But the greatest injury of the "wall" notion is it's mishievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . The "wall" of separation between church and state is a metaphor based on bad history. A metaphor which has proved useless as a guide of judging.
It should be frankly and expicitly abandoned." --Justice William Rehnquist
The nation's policy concerning religion and government have been turned upside down. Not only does much of the nation not realize that "serparation of church and state" is not constitutionally mandated many are not even aware that "the free exercise" of religion is.
All of the text above was gathered from
different sources then organized here.
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