The Mythical "Wall of Separation": How a Misused Metaphor Changed Church–State Law . . .

The Heritage Foundation ^ | 6/23/06 | Daniel L. Dreisbach

[wagglebee]

In our own time, the judiciary has embraced this figurative phrase as a virtual rule of constitutional law and as the organizing theme of church–state 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.

[wagglebee]

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DISCUSSION ABOUT:

The Mythical "Wall of Separation": How a Misused Metaphor Changed Church–State Law

Our Founding Fathers gave us freedom OF religion, not FROM it.

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[outofsalt]

Bump for later. Thanks for a good post!

[jla]

Along with the fact that Mr. J was not present at the constitutional convention.

[KEmom]

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.

[Jim Noble]

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.

[PhillyRepublican]

Great post. Printing this one out for my liberal friends to choke on.

[wagglebee]

I know it's a long commentary, but it is brilliant.

[wagglebee]

The left would prefer that school children read THIS consitution that does talk about separation of church and state (Article 52).

http://www.oefre.unibe.ch/law/icl/r100000_.html

[narses]

+

[BikerGold]

"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.

[Paperdoll]

>But they were wrong, and their "erection of a wall of separation" is going to have to go<

Anyway you want to put it, the leftists will interpret the reason for that wall the way THEY want it, NOT the way Thomas Jefferson meant it to be: THAT THE STATE MAY NOT INTERFERE WITH THE CHURCH.
A persons faith cannot be checked at the door, it is an integral part of that person. And the State has no business meddling with that faith.

[sageb1]

" 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.

[GSlob]

"Our Founding Fathers gave us freedom OF religion, not FROM it."
They gave us both, for these are the two sides of the same coin. You have your full right to bible, to quran, or to torah [add buddhist and other terms here] - but not at me if I happen not to wish to be bibled, quraned or torahed at.

[groanup]

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"?

[Just A Nobody]

Reads like a real utopia, doesn't it. A little scary how much certain parts of it sound just like home.

[Lord Basil]

Wasn't Black a segregationist? That would make him an expert on separating things.

[khnyny]

Great post, you beat me to it, lol. Everyone should read this Heritage article.

[NonValueAdded]

reference bump

[balrog666]

If the Supreme Court has accepted it, it won't be disappearing anytime soon. Nor should it.