OK, Be Honest … Does This Belong in Our Law Books?
H.R. 847 has apparently passed the House of Representatives and is on its way to the Senate.
Just take a look at this excerpt from the text of the resolution:
Resolved, That the House of Representatives–
(1) recognizes the Christian faith as one of the great religions of the world;
(2) expresses continued support for Christians in the United States and worldwide;
(3) acknowledges the international religious and historical importance of Christmas and the Christian faith;
(4) acknowledges and supports the role played by Christians and Christianity in the founding of the United States and in the formation of the western civilization
(5) rejects bigotry and persecution directed against Christians, both in the United States and worldwide; and
(6) expresses its deepest respect to American Christians and Christians throughout the world.
This kind of thing is amazing to me, in light of the first amendment. Seriously, the federal government is resolving that the Christian faith is one of the greatest in the world??? True or not, where in the world does Steve King get off even introducing this piece of unconstitutional garbage?
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Wow… that’s crazy to me. Do you know who submitted it and what other line items are in there?
Sorry for the double post… the guy’s from Iowa! My home state! I’m ashamed.
See Jake’s thoughts on this issue here.
I made this comment at his blog as well:
I just watched the video. I hadn’t realized that there were similar resolutions passed for other religions’ holidays.
I do think it’s a bit disingenuous to vote for those resolutions, but against this one.
But, that doesn’t negate the fact that:
1. Government has NO BUSINESS passing this useless junk.
2. The wording of the resolution goes far beyond recognizing a holiday. It actually puts Christianity on a higher level than other religions. That is a clear violation of the first amendment.
I understand the reasoning behind this resolution, but at a fundamental level, it (as well as the other resolutions mentioned) are completely unnecessary.
Gosh, no wonder people hate our congress so much!
While I agree with the sentiment of the ‘resolution’, I don’t think Congress should be passing resolutions. And they aren’t the only ones. Almost every city council meeting, county commission meeting, is filled with a bunch of ‘do-good’ resolutions that waste time and money. Sometimes, they’ll even parade in a group (Girl Scouts, some students, senior citizens, whatever), to trumpet some cause… “The City of Melbourne hereby recognizes the good work of the Girl Scouts of America and presents this plaque”. Sometimes they name a week or month after some issue. It is truly pandering to people and all for the sake of not wanting to be insensitive.
You can get all huffy about the Christian statement if you want, and some people will, but the real problem is that our men in elected office refuse to BE men and step forward and stop supporting this. They are so cowardly and afraid that if they don’t join resolutions like this, that they will be viewed as brutes. Can you imagine the fury of some folks on the Christian right when they find out the guy they voted for refused to vote for this (on the basis that it was waste of time). The same would go for the left on a different resolution and on and on the game goes.
I’m all for opening up government meetings in prayer (no apologies to you atheists - just tough it out and try not to cry, you’ll be fine), but this pandering to groups is ridiculous. Of course, it continues because most people never regularly attend local gov’t meetings (until they have an issue or need) and they think watching C-Span is like watching paint dry. If we all started attending our local government meetings more often, acting like the watchdogs we should be, there would be less of these shenanigans, and more doing business “for the people”. Even better would be to run for local office yourself and make a stand by refusing to support any “non-binding resolution” (which is what they call these things, thus, differing greatly from binding resolutions like those the U.N. sanctioned Iraq with 23 times). So, wake up folks and start bringing on the heat.
Nathan– it’s definitely unfair to vote for a resolution supporting Islam and an Indian religion for their support of America and then not vote for one commending Christianity. The United States is founded on Judeo-Christian principles, and the First Amendment only says that the government cannot establish a federal religion, not that cannot show respect to a religion.
What do you think is the religion represented on our coins, in speeches, etc? To whom do we give thanks on Thanksgiving? Why is Christmas a federal holiday? Why did the first Presidents support money to establish catholic schools?
If anything, I do agree with others that Christianity is the predominate religion, and you could make the argument that we’re throwing the other religions a bone. Should the Christian one have made it– in my opinion, sure.
@MInTheGap
Given the previous resolutions passed, I agree that it is unfair not to do one for Christmas as well. My argument is that NONE of these resolutions are constitutional, though. The very first one should have been rejected. In fact, there is no reason or allowance in the constitution for the federal government to officially recognize any religious holiday.
Correction though … the US is founded on SOME Judeo-Christian principles. It is also founded on basic principles of the collective philosophy of the founders, many of which (with the possible exception of Franklin) believed in God, though a few less that were not true Christians (Jefferson for example).
My main beef with the resolution is the superlative language of it. It would be one thing to recognize Christmas as a religion, like they did with Ramadan in a previous resolution, but it is quite another to imply that Christianity is the greatest religion in the world. That goes beyond just “showing respect” … it is establishment by default. For the government to respect one religion over another is by definition an establishment of one religion as that religion as “the state’s religion” … and it’s wrong. I highly doubt you’d be defending them if they did this with Islam, claiming it was superior to Christianity in a resolution. And for good reason, that wouldn’t be right!
BTW, I would prefer that there be no statement of religious preference on our currency. Again, you and I wouldn’t like it if the coins said “in Allah we trust”, would we?
Sure, Christianity is the predominate religion. But what if that changes? That’s what the founders had in mind when they wrote the Constitution … to protect the minority from the majority, and empowering religious institutions to make governmental decisions. It’s just not a smart thing for religion and politics to mix more than absolutely necessary.
@Lawrence Salberg
I think you’re right. Non-binding resolution are a waste of time an tax money. The only purpose they serve is a way to attack candidates in upcoming elections if they didn’t vote for the resolution. I can’t believe they are even legal.
It just makes me even more thankful for Dr. NO :-)
Nathan, what if’s aren’t particularly useful. If our coins said “in Allah we trust” we would not be allowed to practice Christianity in public, all our women would be in hijabs and burkas, and Al Queda would not be attacking us. :)
I can go along with Lawrence and say that non-binding resolutions are a waste of time, but I can’t say that you’re right about the resolutions being un-Constitutional because of their subject matter.
Again, the U.S. Congress opens with prayer, the U.S. Supreme Court starts sessions with “God save this court…”, Moses and the Ten Commandments are in the Supreme Court’s chambers, Christmas is a recognized Federal Holiday, the writers of the Constitution federally funded the building of Catholic Schools to minister to Indians, the Founders declared days of Thanksgiving unto Almighty God– the Christian God– as well as days of fasting, and none of this was considered un-Constitutional or an establishment of religion.
You have to look at the time and what the Founders were trying to do– trying to protect Baptists and other Protestants from the Anglican church– and then ask yourself what they would think about how far it’s gone. I’m sure they would not have a problem with free expression, but I’m also sure that what they were more afraid of was the government saying that any one sect of Christianity would get government sponsorship, would receive special treatment, etc.
They would not be afraid of a non-binding resolution that talked about the superior placement of Christianity as they based the Christian Creator in the Declaration of Independence as a basis for the political theory that this country originates from.
Let alone look at all the state Constitutional references to the Creator and God Almighty.
Back to the point– it’s not un-Constitutional, but it certainly can be unwise. It probably is folly, except when it’s placed up against other resolutions that state acceptance of other religions.
I am personally not sweating it. Unfortunately, true Christianity has always had to have persecution to flourish, and though I don’t think we currently have anything to complain about (or very little), I do not believe that we will be afforded the basic freedom of religion much longer in this country.
@MInTheGap
I guess the best way to do this is point by point, so my opinion is clear …
1. the U.S. Congress opens with prayer
I’d say that’s unnecessary. However, because a Christian prayer to the Christian God is not required and others are welcome, then I doubt it could be considered unconstitutional. But again, it’s a generally meaningless tradition that could really stand to be done away with.
2. Supreme Court starts sessions with “God save this court…”
Probably again unnecessary, although ambiguous enough to pass constitutional scrutiny. And once again, a meaningless tradition that could be done away with and hurt no one.
3. Moses and the Ten Commandments are in the Supreme Court’s chambers
A matter of time before that one gets tossed. And for good reason. If a muslim or atheist were to be appointed to the supreme court, it wouldn’t take long before they would legitimately complain that the presence of those things do not represent his religious perspective. Hence the need for the government to remain as religiously neutral as possible.
4. federally funded the building of Catholic Schools to minister to Indians
You’ll have to shoot me a link on that one. I’m not familiar with the details of it.
5. Thanksgiving
Indeed. And Washington’s wording in the Thanksgiving Proclamation talks explicitly about God. However, at the time, none of the wording of the recognition of Thanksgiving explicitly stated that it was referring to the Christian God. In fact, sometimes He wasn’t even referred to as “God”. As far as constitutional standards go, the wording is what’s important. The wording is sufficiently neutral.
“You have to look at the time and what the Founders were trying to do– trying to protect Baptists and other Protestants from the Anglican church– and then ask yourself what they would think about how far it’s gone.”
Hmm … but when they spoke of the free exercise of religion, they certainly weren’t thinking “the free exercise of any sect of Christianity.” They were aware of other religions (Judaism for example), and both knew and intended to word it the way they did. When they said “free exercise” I believe they meant a true free exercise, no matter what religion it is (and provided it does not violate others’ civil liberties).
“They would not be afraid of a non-binding resolution that talked about the superior placement of Christianity”
Personally, probably not. But the implications of the wording of the 1st amendment is clear, and this resolution’s text is clearly “respecting an establishment of religion” (1st amendment).
“Let alone look at all the state Constitutional references to the Creator and God Almighty.”
Again, the references are sufficiently neutral, regardless of intent.
“Back to the point– it’s not un-Constitutional, but it certainly can be unwise. It probably is folly, except when it’s placed up against other resolutions that state acceptance of other religions.”
Ahh, we agree! :-)
Well, sort of. I still say the wording of this resolution went much further than that of the others. If it were just recognizing a religious holiday, then sure. But it wasn’t. It would also be fair to now pass a resolution recognizing the importance of atheism and its importance to society. Doubt that will happen any time soon though.
“I do not believe that we will be afforded the basic freedom of religion much longer in this country.”
I sure hope that’s not true. Although I’m not sure how someone could ever circumvent the 1st amendment. It would be pretty difficult. But then again, that’s exactly what I’m fighting to protect. Get the government out of religion, and religion out of government! :-)
Feel free to correct me if I’m wrong though. I’m pretty crazy about this particular issue, being a passionate libertarian. I’m devoted to the constitution, so if I’m misinterpreting it, I’d like to know :-D
Ok, return point by point:
1. the U.S. Congress opens with prayer
What was the very first thing that the House did after the Constitution was ratified? Set up the Government Chaplaincy program and fund it. Rather than being the worthless thing you think it to be, the Founders believed it to be critical.
2. Supreme Court starts sessions with “God save this court…”
Contrary to the idea that it’s meaningless, it does have meaning that is now watered down. Political theory at the time derived liberty from God… God is Creator, gives rights to the people who then entrust government with some rights in exchange for protection and justice. So, in that framework, knowing that God was the ultimate authority rather than government was important to the founders, and was part of the check on the government.
3. Moses and the Ten Commandments are in the Supreme Court’s chambers
Moses is part of a mosaic. The Ten Commandments would be harder to remove since every time it has been challenged the USSC has ruled that it’s ceremonial. It’s probably there to stay. I will give you that this is probably mostly ceremonial– but it is there with a purpose: to reflect where the law came from.
4. Gederally funded the building of Catholic Schools to minister to IndiansAccording to Robert L. Cord’s Separation of Church and State, one of the most thoroughly researched books on this issue, Jefferson would have been aghast if he had thought the First Amendment could be used to undermine the Christian faith, or even if the religion clause could be used to bar the federal government from favoring the Christian religion in a general way over, say, Mohammedanism, atheism, or some other creed completely at odds with America’s founding principles. In 1803, according to Cord, Jefferson asked the Senate to ratify a treaty with the Kaskaskia Indians which stipulated the following: “And whereas, the greater part of the said tribe have been baptized and received into the Catholic Church to which they are much attached, the United States will give annually for seven years one hundred dollars towards the support of a priest of that religion, who will engage to perform for the said tribe the duties of his office and also to instruct as many of their children as possible in the rudiments of literature. And the United States will further give the sum of three hundred dollars to assist the said tribe in the erection of a church.”
5. Thanksgiving
I can pretty much guarantee you that he wasn’t praising Allah, Bhudda, or one of the Hindu gods. But if that isn’t enough…
From my site…
Do some research into why Jefferson wrote to the Danbury Baptists– and who it was that wanted the Freedom of Religion and why. I believe that you will find that it was the Baptists and the Protestants that wanted security against the Anglican church (which was established in most of the states at the time of ratification) and they wanted protection against other religious sects. Nowhere do I believe that you’ll find any talk considering other religions entirely.
In fact, there was a Wall Street Journal article on a Civil War Era discussion between a pastor and the U.S. Treasury that stated, “We want ‘In God We Trust’ on the coins so that if this country ceases to exist people in the future will not think that we were a heathen nation, but a Christian one.”
A non-binding resolution cannot be construed as an establishment of religion by any stretch of the imagination. First, it’s non-binding– no teeth, no enforcement, no establishment. Second, it does not do anything other than to state the obvious– that this country was founded and believes that Christianity was/is the superior religion since it’s what we founded upon.
Did you look at the State Constitutions, specifically the thirteen colonies, or did you just say that they fit your paradigm? I believe that if you actually looked you’d find something quite different. You would find states that not only specify God, but also currently specify the Christian God, the Bible, and had established churches of the Anglican, Congregational, and Catholic variety after ratification, and this was acceptable under the Constitution.
Yes, there’s a difference between federal and state, but it goes to reasoning at the time. In an environment where the states actually had established Christian religions, they’re biggest worry was that Catholicism or Anglicanism would try to rule the U.S. like it did in England and Europe. The concept was that any brand of Christianity should be acceptable and that people should have freedom of conscience. Application to other faiths is in there, but it’s an afterthought.
It’s pretty easy to work around the 1st amendment, you’re doing it in some of this argument. By arguing that the government must be secular and show no preference you are putting into place a secular humanist religion. This religion will try to eliminate Christian morality, and it will also attempt to force Christians into practicing their faith in their churches, and start to prohibit witnessing, envangelization. You can see some of it now. The next step is telling churches who can be ministers and what they can say.
Look at Canada– where it’s becoming a crime to say that homosexuality is a sin. Or in the U.S. where the catholic charities are told to provide adoption services to gay people or don’t do it at all. The next step is to remove their tax exemption (which is funding of a kind) and then put some regulations on who can be pastors. All of this can be done under the first amendment, especially if people start saying that there are exceptions similar to the exceptions on freedom of speech.
I’m fine with getting the government out of religion, but not fine with the religion out of government. Like Washington and other said, if you divorce Christian morality from the U.S. government this experiment in freedom will fail.
Headline: POWERFUL MAJORITY DECLARES “WE’RE AWESOME”
@MInTheGap
First thing, I need to clarify my position on some of the religious overtones being worthless. In its current iteration, it is basically empty rhetoric. God save the court, an ecumenical prayer over congress … it can’t be considered all that worthwhile anymore, although … from the perspective of someone who is a Christian, I can see how it might have meant a good deal to the founders, many of whom were themselves Christians. (with the exception of Franklin[agnostic] and Jefferson[deist] and others).
But it’s modern irrelevancy is yet another reason to admit that trying to mix too much religion into government is a recipe for disaster. Any time the government tries to, with the best intentions, make Christianity “official”, it ends up getting watered down and empty.
Anyway, on to your specific points …
“I will give you that this is probably mostly ceremonial– but it is there with a purpose: to reflect where the law came from.”
I don’t disagree, although I would say that it reflects where SOME of the law came from. Not all Judeo/Christan law is in our law books, and there are laws in our law books that did not derive from Judeo/Christian law.
“In 1803, according to Cord, Jefferson asked the Senate to ratify a treaty with the Kaskaskia Indians which stipulated the following:”
Obviously, I’ll have to do some more research on this, but on the surface, regardless of what Jefferson DID, I don’t even believe the government should federally fund basic healthcare, much less the erection of a church. I think BOTH are gross examples of government overstepping it’s constitutionally granted powers.
My first reaction would be that perhaps this was somehow an appeasement/reparation to the indians for our taking of their land. Just a guess, but this seems as if it was more politically motivated than religiously.
“Nowhere do I believe that you’ll find any talk considering other religions entirely.”
You lost me there. Are you saying the 1st amendment does NOT guarantee the rights of all Americans to practice whatever religion they please, or none at all? They just get the “freedom” to choose which Christian sect they like best?
“A non-binding resolution cannot be construed as an establishment of religion by any stretch of the imagination.”
Not officially. But it does indeed “respect the establishment of religion”, which is essentially the same thing. For instance, if the government gave billions to the mormon church every year, but no other religion, you would say it was a defacto-establishment. Likewise, if this resolution cited Mormonism as the greatest religion, you’d be hot!
“Did you look at the State Constitutions, specifically the thirteen colonies, or did you just say that they fit your paradigm?”
Yes, states are under a far different obligation than the Federal government. They can provide public education, healthcare, overwhelming taxes and entitlement programs, etc. Why? Because I can pack up and move to another state while still living under the same national citizenship. State governments are a great example of capitalism in government :-)
“It’s pretty easy to work around the 1st amendment, you’re doing it in some of this argument. By arguing that the government must be secular and show no preference you are putting into place a secular humanist religion.”
Not secular/humanist … Constitutionalist. It would guide our politicians, not a religion. For instance, when considering whether or not to make a law, go to war, start a new program/department, we would consult the Constitution, not our God. that’s the duty of our government.
“Application to other faiths is in there, but it’s an afterthought.”
Perhaps that answered my question from before. But at the least, you reluctantly admit that other religions (or none at all, I presume) are afforded the same rights as ours, and are therefore protected both in their exercise and in their protection against oppression from another religion via the government. For example, forcing a muslim or atheist to listen to a public school teacher read out of the Bible or pray a Christian prayer. We certainly would be upset if the tables were turned …
…and that’s really my point. I’m not saying any of this out of a desire to suppress Christianity. I’m saying it because whenever a religion is sponsored by the government in any way over that of other religions, people of other faiths are, by default, stripped of their rights to exercise without restraint.
“Look at Canada– where it’s becoming a crime to say that homosexuality is a sin. Or in the U.S. where the catholic charities are told to provide adoption services to gay people or don’t do it at all.”
Both of which are terribly unconstitutional. They both interfere with the free practice of religion. The latter is even more disturbing, being that the government is both interfering in religion and business (something the federal government has no business meddling in at all!)
“The next step is to remove their tax exemption (which is funding of a kind) and then put some regulations on who can be pastors.”
Tax exemption for all religions (yes, even scientology) should be even across the board, or not exist at all. Perhaps you’re right. There may be ways of stealthily removing religious freedoms that I hadn’t considered. But regardless, the Supreme Court should be much tougher on protecting both religion from government, and government from religion. Let us hope!
“I’m fine with getting the government out of religion, but not fine with the religion out of government. Like Washington and other said, if you divorce Christian morality from the U.S. government this experiment in freedom will fail.”
Sure. I agree with Washington on that one. But the implications of that statement aren’t quite as far reaching as you might think. Removing the very few Christian morals present in American law would be disastrous. Murder, theft, etc. would go unpunished and we would be out of control. But Divorcing the requirement to “honor the Sabbath” or “don’t commit adultery” has actually served us quite well in our history. And the basis of our Bill of Rights is ensuring that the people of this country have the right to unapologetically put “other gods before” the Christian God.
Make no mistake about it … this country is great … not because we have legislated God’s law as our own, but because we have a constitution that allows us nearly unbridled freedom. After thousands of years of experimentation in government, it just so happens that this little experiment in constitutional freedom and representative democracy actually worked. And the moment we drift from that bedrock principle, THAT’s the moment it will fail.
I have to ask … do you think this country would be better off if we actually did require everyone to respect the sabbath, not take God’s name in vain, and prohibit adultery? Should lying be a capital offense? Do you think those things would be wise? Do you think they would be constitutional? What restrain, if any, is the government required to maintain when it comes to religion?
Just curious.
Trent wrote:
You absolutely just made my day.
I am 100% in agreement over the fact that an ecumenical prayer and reducing the Christianity of the Founders to mere Ceremonial Christianity has created a situation where we have hollow and empty ceremonies rather than anything of substance. Where we differ is in what should be done about it. Do we keep it as a reminder and reinforcer, or do we junk it because it’s irrelevant.
I would go with the former rather than the latter and use this very discussion as supporting my desire. If I were not able to point to these things, we would believe that we had a secular government because we don’t do a very good job of teaching U.S. History– particularly its Christian roots.
Oh, and Jefferson waffled throughout his lifetime between Deist and Anglican– just as so many people are unsure of their faith even now.
I think that you’d find Cord’s book very interesting. Jefferson and Madison both established mission schools with federal funds. And are you implying with this statement
That you know better what is and is not in the Constitution than the writers?
And the text of the document, which you left out was “Congress shall make no law respecting an establishment of religion.” Hence why it’s ok to have a non-binding resolution, but not a law. Again, there was no Constitutional issue here other than the waste of time and tax payer dollars specifically because there was no bill, no law, not signed by the President, etc.
I haven’t liked a lot of resolutions coming out of Congress, but I look at them as exercises in futility. And I would call the Congress unaware of it’s founding if it respected Mormonism, but I wouldn’t fret it.
My point with the states went to motive at the time and Christian foundation. I believe that I’ve proved this point. Your comment shows that you don’t have a rebuttal.
I was unaware that there was a Constitutionalist religion. I definitely support following the Constitution when it comes to what gov’t should do, but when going to it, you have to also take into account what the founders wrote– the Federalist Papers, the Declaration of Independence, etc. If it wasn’t for the DOI, we could still justify slavery under the Constitution. If we don’t have a moral guide, we can certainly decide if we can do something, but not if we should.
True, but we seldom get to set the “reset button” and force everything backward. My comment about where this country is going is irrespective of what the Constitution says because our current government doesn’t care what it says. Its judiciary creates laws out of thin air legislating from the bench. It’s congress spends like a drunken sailor and “finds it in the Constitution”, etc. Reality says that this course leads to real persecution for Christians.
Christianity does not have a regulation against Sabbath work. Looking at our country, though, I believe that we were healthier when we took time off on Sunday (and other secular people agree).
As for adultery, I believe we were better off, had stronger marriages, etc when there were prohibitions on adultery. Children do better stable homes (even if the spouses are fighting) than they do in broken ones. Since it’s a civic good to encourage marriage and child bearing, society would do best to enforce marriage covenants (especially with the current system where marriage and states are tied). If it was any other contract (say a business contract) there would be enforcement.
I’m not sure where in the Bible that lying was a capital offense– though it sure might have change one politician’s view of what the word “is” meant. :)
Yes, I think that some of these would be wise. Are they constitutional? To the extent that the Federal Government can tell you that you have to pay taxes it is. I believe that, if we looked at these rules, we’d fine that there is a lot of positive benefit in a secular sense for some of these laws.
The government is to stay out of telling the preacher what to preach or the parishioner how to practice. It’s to be neutral in the realm of doctrine. It is not to dictate that there is a specific religion its people must follow. (This is the whole point of the first two clauses: establishment and free exercise.)
What is not to happen is the opposite. The government should not be void of religion. It should not be against religious people serving or against morality from its people. Morality and ethics must come from a moral system, and this country chose Christianity as its moral system.
Just curious.
@MInTheGap
First of all, I want to commend you on a respectful and worthy debate. You are a diamond in the rough of the blogosphere as most are either entirely irrational, completely condescending, or both.
Secondly, I do have to concede to you that this resolution is in fact, not unconstitutional by reason of it being a resolution. I do believe it to be entirely unwise and useless … and a waste of time and salary, but unconstitutional it is not. However, it still infuriates me that our government officials would actually cast a vote in favor of such a resolution. It reeks of superiority and a na-na-na-na-boo-boo attitude that gets us in more trouble than it’s worth. Whether or not it is explicitly prohibited in the constitution, it was silly and stupid. Also, Trent’s comment, while funny, is unfortunately all too accurate.
Anyway, on to the meat of your reply …
Well, considering that we have to, by law, allow people of other faiths to open in prayer before congress, it seems to me like the alleged original intent has been lost in the shuffle. And you can’t unring that bell. Are you suggesting that we go back to only explicitly Christian prayers?
True enough, but there is sufficient evidence to suggest that Jefferson’s doubts about Christianity were constant.
Well, first of all, congress actually gets to appoint spending, not the President … so those mission schools must have been funded by congress first. All the President can do is suggest and approve the spending appropriations. However, again, I would guess that this was a political move rather than a religious one. This really just goes to show us that government handouts have been a problem since the beginning :-) At the time the federal government was quite small, and I’m sure had the occasional surplus of funds. That kind of thing can be dangerous in the hands of men :-D
Well, at least you’re consistent :-)
OK, I get ya now. Be careful with declaratives though.
I will say this … the wording of the Federal constitution never mentions God, Jesus, or the Bible. The text is (I believe) deliberately neutral, unlike some of the state constitutions.
Thomas Jefferson interpreted the text of the first amendment as such:
“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.”
James Madison said:
“And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
I could go on, but there are plenty of statements that support the position that our American government should remain as religiously neutral as possible. It is just simply better for everyone if it does.
Of course it’s not a religion … and that was my point. Our government doesn’t need religion to make law. We have everything we need right there in the Constitution. What the individual members of the government choose to worship privately is none of my concern. All I care about is their commitment to that document.
Actually, the 13th amendment took care of slavery. And the DOI didn’t do much to stave off slave ownership before the 13th amendment either.
But that’s what I’m saying … it’s not the government’s job to tell us what we should or shouldn’t do. The government wasn’t set up to be our moral compass. The mission statement of the Constitution can be found in the first paragraph, and nowhere does it say it was meant to be our guiding light in times of questionable moral situations.
Fair enough.
Actually, the federal government took care of the taxes thing with the 16th amendment, so they have less of a leg than the tax thing.
Sure there is positive benefit. There’s positive benefit in requiring that all people go to church on Sunday (assuming you’re a Christian and believe that church is beneficial) … there’s positive benefit to outlawing smoking or drinking. But there are some things that the government shouldn’t do, regardless of the benefit.
I’m not saying it should be. I’m just saying that the less they mix, the better.
It’s not against morality, but it should also not try to legislate it. The origin of morality is irrelevant in a society whose laws are built around a single document.
Not true!!! The vast majority of the people chose Christianity as their personal moral system, but if your statement was true, then every principle of Christianty should be present in the constitution. But as it stands, the constitution doesn’t even mention Jesus, much less require Christianity as the people’s moral system.
“the Government of the United States of America is not in any sense founded on the Christian religion” (emphasis mine)
Treaty of Tripoli - Article 11
Signed by John Adams - 1787
Approved unanimously by the Senate
It doesn’t appear that Jefferson ever really waffled in his lack of belief; statements by him that indicate a turn towards religion all result from the elections of 1796 and 1800, in which he was running against John Adams, whose platform included labeling himself as the Christian candidate as opposed to the deist Jefferson (Adams was a Unitarian himself and not, it is generally thought, very religious either in his private life).
Nathan, you too are a breath of fresh air when it comes to this debate. I’ve been having this debate this month (what is it about this time of year) over at some other blogs with atheists who want to make the issue me rather than the topic. Eventually it gets exhausting.
We agree on your second point– it’s a waste and just serves to agitate people on all sides.
Are you suggesting that we go back to only explicitly Christian prayers?
Good question. The Christian in me says that all prayers to anything else are worthless, so if we want our prayers to mean anything we should go back to only explicitly Christian prayers. :) I would think that this would be the authentic answer to the question, since it’s definitely what the founders believed.
Practically, I’d rather have no prayers than prayers to Allah, Bhudda, Mary, or whomever they wanted to pray to. Another options would be to allow prayers in multiple places, but have the formal one in the chambers be a Christian one. I hesitate to remove it entirely because of the historical significance, but it wouldn’t bother me.
True enough, but there is sufficient evidence to suggest that Jefferson’s doubts about Christianity were constant.
I will concede that point. Perhaps he had more of a Machiavellian approach to religion, and in that case we wouldn’t know unless we could actually talk to him.
Well, first of all, congress actually gets to appoint spending, not the President … so those mission schools must have been funded by congress first.
I’d have to go back and look at the paperwork. At the time, it may have been in the territories, and, as such, could have been under the President’s Treaty making abilities and therefore he would have had more control.
However, again, I would guess that this was a political move rather than a religious one.
Perhaps, but this was not my point. My point was that the the government and religion have not always been mutually exclusive. In this case, government money was spent to educate Indians and the vehicle used was a Catholic mission. That means that the Indians were also taught Catholicism. A lot of the early settlers purposes in the new world was to Christianize the natives.
Again, I’m making this point to say that the founders disagreed with having the “high wall” that current politics seem to triumph.
This really just goes to show us that government handouts have been a problem since the beginning :-)
You’re telling me!
OK, I get ya now. Be careful with declaratives though.
I will say this … the wording of the Federal constitution never mentions God, Jesus, or the Bible. The text is (I believe) deliberately neutral, unlike some of the state constitutions.
I will give you that the Federal Constitution never mentions God, Jesus or the Bible. The text is as skinny as it is because there were very few things that “the people” wanted to grant the government the right to do. I don’t think that the Founders envisioned the sprawling, out of control “thing” we have now. Plus, the context of the times did not require that you state it there.
You’re having to argue from nothing– and in order to do that you must take into account the society and the culture of the time and the supporting paperwork and speeches, and they all support a Christian based political theory.
Thomas Jefferson interpreted the text of the first amendment as such:
“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.”
Well, first, he wasn’t the author of the First Amendment– he wasn’t even in on the discussion. Second, this is a letter to the Danbury Baptists, whose complaint was that they were afraid that (being a minority religion at the time and living in states that had established religion) the federal government would soon establish Anglicism and they would be persecuted just like they were in England.
In that context, Jefferson assuring the Baptists that there was a high wall protecting them from government intrusion would have been a comfort to them. This is not a policy speech, but a private letter to a concerned party.
James Madison said:
“And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
Good quote. ‘Course, I’m not as familiar with the context of this one. I’ll have to read up on it.
I could go on, but there are plenty of statements that support the position that our American government should remain as religiously neutral as possible. It is just simply better for everyone if it does.
And here’s where I stray from founding theory to what’s going on now. Under the founders, I could agree here. The problem is, as we’ve addressed before, that government has wandered into areas that (I don’t believe) it has jurisdiction– areas of morality and ethics. Once it stops doing its basic functions and wanders into this area, it can no longer avoid the question of “whose morals?” and that’s when we go back to trying to answer the question of “what kind of country is this, anyway?”
If the government is going to be answering moral questions, it should do so in a consistent way to the founding principles. Personally, I’d prefer to go back to the simple, small federal government, but I’m sure (to borrow a phrase) we’ll be able to “unring that bell”.
Actually, the 13th amendment took care of slavery. And the DOI didn’t do much to stave off slave ownership before the 13th amendment either.
But it was foundational in the Northern states and in the language of the time– how can all men be created more equal?
But that’s what I’m saying … it’s not the government’s job to tell us what we should or shouldn’t do. The government wasn’t set up to be our moral compass. The mission statement of the Constitution can be found in the first paragraph, and nowhere does it say it was meant to be our guiding light in times of questionable moral situations.
I wholeheartedly agree– but as I just mentioned previously, the government has assumed this role.
Actually, the federal government took care of the taxes thing with the 16th amendment, so they have less of a leg than the tax thing.
According to some the 16th Amendment is a fraud! :)
Sure there is positive benefit. There’s positive benefit in requiring that all people go to church on Sunday (assuming you’re a Christian and believe that church is beneficial) … there’s positive benefit to outlawing smoking or drinking. But there are some things that the government shouldn’t do, regardless of the benefit.
True. I don’t think this should be a federally mandated thing– I think I got caught up in your previous question defending the right to have a law rather than it’s placement federally, stately(?) or locally.
I’m not saying it should be. I’m just saying that the less they mix, the better.
The government should get out of moral decisions– no more legislation “for the children” or deciding what should be taught about the beginning of the world, comparative religions, etc. If they were to get out of the business of of making moral choices, than sure– I could get behind you. They won’t, though, so I’ll have to point out where they differ from their founders.
The vast majority of the people chose Christianity as their personal moral system, but if your statement was true, then every principle of [Christianity] should be present in the constitution.
I don’t think that it’s consistent to say that every principle of Christianity should be present in the Constitution if Christianity is the moral system of choice. To me, the only thing that would be necessary is that the government style that Christianity would support would have to be implemented. The founders, at the time, believed that Christianity supported freedom of conscience. This overriding principle (found in both the ideas of loving one another as yourself and “whosoever will”) dictated that the states would be allowed to have established churches and control could be at the lowest levels such that people would be truly free to do as you said earlier– if they disagree they could move to another community that agreed with them.
The leviathan we have now is trying to erase that by coming from the top down with a set of laws that everyone must follow– erasing individuality and replacing it with group think. That’s one of the reasons that a lot of what is going on would be repulsive to the founders. If a school board wanted Creation instead of Evolution– fine. If they want a ten commandments on the court house grounds– splendid. Want to call it Christmas instead of holidays– fine with us.
Now we have all sorts of non-binding resolutions, dictates from on high, and legislation doing all sorts of things that they don’t have rights to do.
“the Government of the United States of America is not in any sense founded on the Christian religion” (emphasis mine)
Treaty of Tripoli - Article 11
Signed by John Adams - 1787
Approved unanimously by the Senate
I love this– one treaty, one time (although I will give it to you it’s very convincing and was approved unanimously) and used for a purely political purpose: to get that treaty. Sure, there’s no “Christianity” in the Constitution– but it’s everywhere at the founding. It’s the principles that created the document. It’s the moral basis for the authority that the people had to give the government.
It’s like the stone table in The Lion, The Witch and Wardrobe. Sure, it’s there and it’s the law, but you have to go back to the root of the law, to the reason for the liberty– the mark of Christianity is imprinted all over these documents (to the very reason that the pilgrims came). You just have to look to see it.
@MInTheGap
I think we’ve come to a reasonable agreement :-) There’s very little in your latest post that I disagree with. I think you’re a libertarian at heart! Any chance you’ll be voting Ron Paul?
Glad you stopped by, and feel free to do so any time!
By the way, just to give you some reference, my dad, granddad, and girlfriend are BJU graduates along with you. My girlfriend actually lives just down the road from the university. I live in Anderson though, so I’m about a half hour away or so. Small world :-)
“Well, first, he wasn’t the author of the First Amendment– he wasn’t even in on the discussion.”
To jump in a bit- no, Jefferson wasn’t the author of the amendment, but his friend and intellectual protege Madison was- and the amendment drew heavy inspiration from the Virginia Statute for Religious Freedom, whose authors were Jefferson and Madison.
As for the point about states having the right to establish religion- the 14th amendment has long been interpreted in the courts as extending the Bill of Rights to the states. You may well disagree with that interpretation, but then you should disagree not only with extending the first amendment to the states, but, say, the second as well. Should states have the right to ban firearms? If not, why should they have any more right to establish religion than the federal government?
There is a lot of me that trends libertarian. I’m registered conservative, so I don’t vote in the republican primary of my state. That being said, I’m not sure who I will eventually support. Paul’s war stance has me concerned, and I’m not sure about the purist/realist war that goes on inside me.
Personally, I would like to see someone have some kind of transition from where we are to where we should be, but I’m not sure the realist in me thinks this is possible.
To make it more concrete– if Paul was elected President, and he refused to sign any unconstitutional law, where would we be? At an impass? And then what? Would nothing get funded or would Congress relent? Would the people revolt?
It is quite the small world. I had a nursing home extension in Anderson when I was at BJU!
MInTheGap- although I respect your beliefs, unfortunately you will be punished for eternity in the Hereafter for having them.
Allahu Akbar
~Trent
@George
I think that as a general rule, any rights not specifically given to the federal government by the constitution, are inherited by the states. Likewise, it makes sense to me that the rights given to citizens in the constitution bypass state law.
However, restrictions on the federal government in the constitution only limit the federal government (redundant, huh?) :-)
So, although it wouldn’t be smart, IMHO, for states to establish religions, I doubt it’s strictly unconstitutional. However, if a state tried to prohibit the free exercise, that would be unconstitutional.
Oh, and for the record @MInTheGap, Trent is probably just joking, although he didn’t indicate it :-) Don’t take it personally :-D
Also, I think that Ron Paul’s candidacy, assuming he doesn’t win the nomination, will at the very least expose the fact that there are tons of closet libertarians out there, and I think that the republicans will have to recognize that and may start incorporate libertarian ideals back into their campaigns and policy again. So even if he loses, we win :-)
Just my 2 cents.
How do you figure? The same part of the Constitution that requires free exercise also prohibits establishment. If the one applies to the states, doesn’t the other?
Incidentally, Paul’s position on this particular issue is closer to MinTheGap’s than yours. Not saying that means you have to agree with him on it, though.
@George
No, one is a restriction on the federal government, and the other is a right guaranteed by the federal government.
But I can see the confusion … since the 1st amendment says “congress shall make no law …” which indicates it only applies to the federal government. But I think that it’s fair to say that the first amendment guarantees a particular freedom (free exercise) on the one hand, but then restricts itself on the other hand with the establishment clause.
I’d certainly say, though, that it’s fair to assume that the best way to handle the first amendment is consistently. That is to say, either both clauses apply universally, or neither does. I’d like to err on the side of protecting personal liberty, so I’d personally fall on the side of applying it universally. And although the 16th amendment doesn’t say it explicitly, I’d say it’s a fair judgment to say that the rights afforded to citizens in the bill or frights, and the explicit restrictions (not the inherent ones) placed on the federal government in the constitution itself, should both be passed along to their local counterparts.
(I don’t know, maybe I’m not thinking that through far enough … jury’s still out for me).
But the supreme court is all over the place on this one. Local gun laws are not considered unconstitutional, but limiting free exercise at the state level would be considered unconstitutional. Jefferson was actually against the interpretation of the constitution falling under the sole jurisdiction of the courts, and I have to say I’m with him on this one. There needs to be some way of civilly disputing rulings that seem to be blatantly contradictory.
Ahh, the futile dreams of an idealist :-)
Interesting debate guys, thought I’d add this.
From Jefferson’s biography:
“…an amendment was proposed by inserting the words, ‘Jesus Christ…the holy author of our religion,’ which was rejected ‘By a great majority in proof that they meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and the Mohammedan, the Hindoo and the Infidel of every denomination.’”
In a more insightful letter, Jefferson wrote to Dr. Benjamin Rush regarding their previous discusion about Jesus and Christianity, Jefferson wrote:
“To the corruptions of Christianity I am indeed opposed; but not to the genuine precepts of Jesus himself. I am a Christian, in the only sense he wished any one to be; sincerely attached to his doctrines, in preference to all others; ascribing to himself every human excellence; & believing he never claimed any other…And in confiding it to you, I know it will not be exposed to the malignant perversions of those who make every word from me a text for new misrepresentations & calumnies. I am moreover averse to the communication of my religious tenets to the public; because it would countenance the presumption of those who have endeavored to draw them before that tribunal, and to seduce public opinion to erect itself into that inquisition over the rights of conscience, which the laws have so justly proscribed. It behoves every man who values liberty of conscience for himself, to resist invasions of it in the case of others; or their case may, by change of circumstances, become his own. It behoves him, too, in his own case, to give no example of concession, betraying the common right of independent opinion, by answering questions of faith, which the laws have left between God & himself.”
- edited for brevity, link to full text below…
“By arguing that the government must be secular and show no preference you are putting into place a secular humanist religion. This religion will try to eliminate Christian morality, and it will also attempt to force Christians into practicing their faith in their churches, and start to prohibit witnessing, envangelization. - MInTheGap”
Secular by definition means “separate from religion”, calling it a religion is absurd. The “humanist” part is simply an acknowledgement of a bias toward our species. In practice secular humanism is a means of addressing issue facing our species without resorting to the supernatural. It’s based on Naturalism, a philosophy, and endorses the use of the scientific method which requires skepticism. Faith is, of course, an antonym of skepticism. I consider myself fairly current on issues surrounding secular humanist issues and I’m aware of no movements toward “prohibiting witnessing, envangelization”, unless your talking about that which is directly funded by tax dollars. Would you want to pay for Muslims to go around spreading the word of Muhammad? If you do it on your own that fine, but I don’t want to foot the bill. Also, Christians already practice their faith in their churches, of their own free will… there is no reason to force them to. While true that I don’t support tax exemptions for religions, your calling “homosexuality is a sin”, is a right that I would vehemently protect. Free expression of thoughts and ideas is necessary for communication and the resolution of disagreements. Most atheists I know share this sentiment. The exception for many is the Westboro Baptist Church fiasco, on this I am mixed, it’s not as much what’s being said as where, the issue is the venue. I oppose blashemy laws, obscenity laws, and hate speech laws. The claim has been made that these types of speech are likely to incite violence, the culpability rests on those who become violent, thier suseptibility toward violence is a liability to society. The person who expresses heartfelt ideas, however objectionable, gets a free pass in my book.
My personal bias… I’m a Secular Humanist. Politically, I tend toward libertarian, hence my fondness of Jefferson. As far as the statues around Washington and other Christian symbolism, I have somewhat mixed feelings. Analogous to the demolition of the giant Buddhist statue in Iraq, the removal of these statues would be to remove something of genuine historical significance. The distiction between historical significance and governmental practice can be made. In so far as H.R. 847 was inherently partisan in it’s application it should be condemned, the fact that it’s inconsequential and irrelevant pushes it into the realm of the absurd. Two questions arise, is it the governments role to address the “greatness” of any religions? If a given religion is claimed to be “one of the great religions” what does that say about the others? I’d argue, and in my opinion Jefferson would aswell, that this is a personal matter and not an issue the government should be addressing.
This issue has waxed and waned from the beginning, as a result, from a historical perspective, a fairly compelling case can be made either way simply by cherry picking quotes. Even in context it’s a bit muddy, IMO. It really boils down to not what the US has done in the past but what you want the US to do now and in the future. More importantly, why? If the arguement is that an officially sanctioned religion or church will bolster the faithful cast your eyes over to England. They’re is a significantly higher percentage of nontheists there than here. If the reasoning is, for moral consensus in line with Biblical teachings, well there is none, the various denomination don’t agree on many things, even within a given denomination there are schisms, the Anglican Church has been ripped in half over the homosexuality issue for example. Point being is that it solves nothing, religion and politics will poison one another and all the while people will continue to believe what that which compels them.
Regarding Ron Paul, a significant grievance of mine is that he voted for H.R. 2679 “Public Expressions of Religion Protection Act”, 2006. Part of the effect of this bill was that even if you have a clear case of constitutional violation regarding the Establishment Clause, and you prove it to the court, landslide victory etc. etc. None of your attorneys fees will be awarded. These cases typically take years, and cost 6-7 figures. Few attorneys will take a case that they’re not going to get paid on, and few people have that kind of money. This effectively neuters the Establishment Clause given that in violation cases one’s only recourse is litigation, cops don’t handle this stuff. Ron Paul claims to be an advocate of the Constitution, it seems to me though that that’s only the case when the constitution is in line with his politics. It’s an underhanded way of ensuring that few violations ever see the inside of a courtroom.
The American Theory of Church and State, By Loren P. Beth (Free read!)
http://books.google.com/books?id=gM1CT4yk4mkC&printsec=frontcover#PPA62,M1
THE MORALS OF JESUS
To Dr. Benjamin Rush, with a Syllabus
Washington, Apr. 21, 1803
What Is Secular Humanism?
http://www.secularhumanism.org/index.php?section=main&page=what
I don’t have a lot of time to comment right now (as you’ve provided a lot of food for thought, Clayton). I would like to reference
http://members.aol.com/Patriarchy/definitions/humanism_religion.htm
in regards to whether Secular Humanism is a religion. It seems that for over 100 years that everyone agreed that it was and it wasn’t until the Supreme Court agreed and Christians started to protest that religion being taught that there was a change in course.
In fact, I believe the Humanist Manifesto and other original Humanists would agree that it fits the definition of a religion.
In light of recent events, and in the context of discussions dealing with religion atheists and agnostics are frequently asked “in lieu of moral guidance from __________ scripture, how do you derive your morality?” The term Secular Humanism, for me, provides a concise answer without my having to go into great detail about philosophy, ethics of reciprocity, etc. It’s a bit of a cop out I suppose, but hey, the question gets old after a while. The answer as provided by the link I gave suffices for most, and I tend to assume, wrongly perhaps, that most don’t view secular humanism as a religion.
I suspect, based on the criticisms cited in your reference, that you and I share some level of distain for the position the courts have taken on this issue.
Specifically, “Secular Humanism is a religion “for free exercise clause purposes,” and it is not a religion “for establishment clause purposes.”
The discrepancy between the Fellowship of Humanity v. County of Alameda [1957] ruling and the Peloza v. Capistrano School District [1994] ruling and the subsequent failure of the Supreme court to resolve the isssue, has left the question half in, half out.
The Fellowship of Humanity case itself referred to humanism but did not mention the term secular humanism. More to the point they claimed their property was “used solely and exclusively for religious worship”. I’m confident that you’d be hard pressed to find any contemporary secular humanist that make any assertions of “religious worship”, hence the appended term “secular”, specifically to provide a distinction from the humanists like those of Fellowship of Humanity. In TORCASO v. WATKINS [1961] Secular Humanisms inclusion was based on a footnote [11] which failed to recognise this distinction. More over it cited the 1957 Washington Ethical Society v. District of Columbia case as support, but cases only criterion was that if the facilities function like a chuch we will recognise it as a church… “The question before us now is not broadly whether petitioner is in an ecclesiastical sense a religious society or a church, but narrowly whether under this particular statute it is qualified for tax exemption.”
I don’t worhip anyone, or anything. I don’t pray or meditate. There is no appeal to the supernatural and everything is necessarily subject to some degree of skepticism. Some, I suppose, congregate with others who approach contemporary problems from within the same frame work, but I’m not among them. “Faith”, in so far as trusting something to be true absent of evidence, isn’t something to be held in high regard. If this to you indicates religion then fair enough, call it religion if you like. I suspect that you recognise that too loose a definition of religion creates all sorts of problems for both clauses.
From Wikipedia
“By the 1970s the term [secular] was embraced by some humanists who, although critical of religion in its various guises, were deliberately non-religious, as opposed to anti-religious, which means that their humanism has nothing to do with spiritual, religious, or ecclesiastical doctrines, beliefs, or power structures. This is how “secular humanism” is most commonly understood by humanists today.”
The following is an interesting read on the failure of both the constitution and the supreme court to define religion:
DEFINING RELIGION: AN IMMODEST PROPOSAL
http://www.rutherford.org/Resources/WhitePapers/FREE_EXERCISE_C.PDF
“The impetus for this Article was the famous (and most troubling to an atheist and theist
alike) dictum in Torcaso v. Watkins, which equated “secular humanism” with religion.
At a minimum, this seemed to necessitate a query into whether anything “secular” could
ever be “religious,” and what makes religion constitutionally different from any other
philosophical or moral system.”