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To: Jeff Head
A new and very important historical and legal book, which, according to Judge Bork and Prof. Calabrese of Northwestern Univ. Law School, should lead to a much more informed interpretation of the First Amendment's "Establishment (of religion) Clause is Phillip Hamburger's "The Separation of Church adn State." Hamburger shows how the Founders, with the possible excepotion of Jeffferson \,w ho was opposed to Federalist preachers preaching against him, never inteeended to have the Establishment Clause restrict Religious Speech, so that the 1st Amendmenet's Fress Speech Clause does NOT contradict the Establishment Caluse, which was simply to prohibit a National State religion, as in the Church of England, or the State Religion of many Islamic states.

Also, Tom Jipping wrote an effective booklet to this sam,e point: "The First Amendment: Does the Free Speech Clause Conflict with the Establishment Clause?" [Approximate title.] [His answer was "no," based upon historical adn legal scholarship. In fact, for years in the early 19th Century 12 of the 13 Colonies had official Staate religions: the Library of Congress did an xtensive exhibit on this a few eyars ago called "religion and the Foounding of the American Republic"; Maryland was Catholic; NJ was Presbyterian, other states were Congregationalist, Presbyterian, Episcopalian, Baptist, Methodist, and several other denominations. Thi\us the First Aemndment was intended to prohibit ONLY the establishemtn of a National Religion or National Church.]

Hamburger's book shows that today's radical reinterpretation of the Extablishment Clause, which effectively limitis much religious speech in public forums, was formualted int the mid-19th Century in a period of paradoid anti-Catholic sentiment.

Jefferson was the soel "eccentiric" Founder who wanted to limit the speech of Federalist preachers who were preaching against him, Jefferson.

The 1805(?) letter to the Danbury Baptists, written by Jefferson, only became part of the "constitution" in the mid_late !(th century due to rising antti_cathoilic political views broought into the courtroom>

887 posted on 07/06/2002 10:36:01 AM PDT by FReethesheeples
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To: FReethesheeples
Does the Free Speech Clause Conflict with the Establishment Clause?

Of course it doesn't. You can't have a mandatory national religion, and you cannot prevent the free exercise of any religion.--The latter in fact implies the former, as imposing a national religion would prevent the free exercise of any other religion.

So all Americans are free to exercise their religion--as long as it doesn't conflict with the law, of course. "Comrade" Newdow seems to have a religion whose "free exercise" would require Christians to shut up. And that just isn't legal. The First Amendment at work.

892 posted on 07/07/2002 4:56:10 AM PDT by Smile-n-Win
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