The Misconception

The 1st Amendment establishes separation of church and state. (misconception)

In fact, there is no phrase in the 1st Amendment or anywhere else in the Constitution, which reads “separation of church and state”

1st 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.

Origin of Separation of Church and State

In 1801, The Danbury Baptists were a religious minority in Connecticut. October 1801, they

wrote a letter to Thomas Jefferson complaining, that in their state, the religious

liberties they enjoyed were not seen as immutable rights, but as privileges granted by the legislature President Jefferson replied in

1802.

Letter to the Danbury BaptistsTo messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the

state of Connecticut.

Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, 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 & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th JeffersonJan. 1. 1802.

Facts about the letter to the Danbury Baptists

Jefferson did not write the 1st Amendment Jefferson wrote the letter 13 years after the 1st

Amendment was drafted. Jefferson was never a judge, and can not set

judicial precedent. As acting president, Jefferson refused to

interfere in local affairs. (even in Danbury Connecticut)

Origin of the 1st Amendment

We must pick a starting point. During the Pennsylvania ratifying convention

on December 4, 1787 James Wilson said, “Summary of the [third] objection to the Constitution. There is no security for the rights of conscience.”

The first draft

Article 1. Section 9. Between paragraphs two and three insert 'no religion shall be established by law, nor shall the equal rights of conscience be infringed.'”

Debate from August 15, 1789

Silvester's prophecy

Representative Peter Silvester of New York objected. “He had some doubts of the propriety of the mode of expression used in this paragraph. He apprehended that it was liable to a construction different from what had been made by the committee. He feared it might be thought to abolish religion altogether.”

Abolishing religion is different, than the construction made by the committee.

Elbridge Gerry said it best.

Representative Elbridge Gerry of Massachusetts said, “It would read better if it was no religious doctrine shall be established by law.”

Mr. Gerry's sentence perhaps reflects the objective of the committee more than any other.

None of the other representatives speak against this notion. Congress wanted to prevent a future Congress from establishing religious doctrine.

What did James Madison think?

Representative James Madison from Virginia said that, “he apprehended the meaning of the words to be, that Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in

any manner contrary to their conscience. Whether the words are necessary or not, he did not mean to say, but they had been required by some of the state

conventions, who seemed to entertain an opinion, that under the clause of the Constitution, which gave power to Congress to make all laws necessary and proper to carry into execution the constitution, and the laws made under it, enabled them to make laws of such a nature as might infringe the rights of conscience, and establish a national religion; to prevent these effects he

presumed the amendment was intended, and he thought it as well expressed as the nature of the language would admit.”

What points did Madison make?

He is trying to prevent Congress from compelling men to worship God.

He wants to prevent the necessary and proper clause of Article I Section 8 from allowing Congress to infringe on rights of conscience.

Why does Madison matter?

Madison fixed the final words of the 1st Amendment.

Thomas Jefferson later deferred to Madison, Hamilton, and Jay's writings as an authority on the "distinctive principles" of the governments of Virginia and the United States.

Madison is the best expert.

Madison did not say ...Every word he wrote is very important. He didn't say, “not

too many laws should be made prohibiting the free exercise of religion”. He said, “no law”. He never said,

“The Constitution protects your right to believe.” He never said, “The Constitution protects your right to hold a faith.” How would anyone take that away from you? That's not giving you anything. Instead, he said, “The Constitution protects your right to exercise your belief.” We are not

just called to be believers. We are called to be believers who do something. James tells us in 2:17, “...faith, if it

hath not works, is dead...”

18th Century America

Churches also served as schools and court houses.

Congress declared an official Bible of the United States.

The Bible was the original textbook of public education.

Atheists existed then, yet our founding fathers still protected their rights. By the system they attack, they exist freely.

Churches and Court HousesRepresentative Benjamin Huntington from Connecticut followed Madison.

“He feared, with the gentleman first up on this subject, that the words might be taken in such latitude as to be extremely hurtful to the cause of religion. He understood the amendment to mean what had been expressed by the gentleman from Virginia; but

others might find it convenient to put another construction on it. The ministers of their congregations to the eastward were maintained by contributions of those who belong to

their society; the expense of building meeting houses was contributed in the same manner. These things were regulated by bylaws. If an action was brought before a federal court on any of these cases, the person who had neglected to perform his

engagements could not be compelled to do it; for a support of ministers or buildings of places of worship might be construed into a religious establishment.

By the charter of Rhode Island, no religion could be established by law; he could give a history of the effects of such a regulation; indeed the people were now enjoying the

blessed fruits of it. He hoped, therefore, the amendment would be made in such a way as to secure the rights of conscience, and the free exercise of religion, but not to

patronize those who professed no religion at all.”

Robert Aitken's BibleAfter Britain restricted export of Bibles to the Unites States, Congress authorized the printing of an

official Bible of Congress. This was printed in the Bible.

Philadelphia, September 10th, 1782.

Honble James Duane, Esq. Chairman, and the otherHonble Gentlemen of the Committee of Congress on

Mr. Aitken's Memorial."

Whereupon,RESOLVED,

THAT the United States in Congress assembled highly approve the pious and laudable undertaking of Mr. Aitken, as subservient to the interest of religion, as well as an instance of the progress of arts in this country, and being satisfied from the above report of his care and

accuracy in the execution of the work, they recommend this edition of the Bible to the inhabitants of the United States, and hereby authorize him to publish this Recommendation in

the manner he shall think proper.

CHA. THOMSON, Sec'ry.

A Progressive Analogy

When building a deck, do you measure from each new post? No.

You measure from a single post. If you loose your focus, your deck will be

crooked. If we loose focus on the Constitution, rulings

won't be based on the Constitution.

Everson vs. Ewing Township (step 1)

Ewing paid Catholic schools for cost of busing. Justice Hugo black brought up Jefferson's

letter to the Danbury Baptists. The court still rejected the claim of improper

government aid to religion, siding with Ewing. So far, the federal government refused to

interfere with local government, twice. (1802 and 1947)

Breen versus Runkel (step 2)

Decided for the religious expression of a public school teacher to violate the First Amendment's prohibition against the establishment of religion, the teacher's expression must constitute "state

action." State action exists when the state sponsors or mandates religion. In Breen, the

teachers were praying in their classrooms, reading from the Bible, and telling stories that

had a biblical basis.

May vs Evansville-Vanderburg (step 3)

Banned teachers from gathering each morning to hold a prayer service, before students arrived.

More steps away from the Constitution

In 1992, Quappe versus Endry, the 6th circuit court ruled, prohibited club meetings of elementary school students immediately after school, because a teacher was involved in leading the meeting and recruiting students to attend.

In 1993, Sease versus School District of Philadelphia, a teacher is not allowed to join student religious groups.

In 1994, Peloza versus Capistrano, the 9th circuit ruled against a science teacher who believed in creation, when he expressed his viewpoint after having been forced to teach evolution as part of his job.

In 1995, the 5th circuit ruled a coach can't pray with his team.

In 2000, Doe versus Duncanville Independent School District, the 9th circuit ruled a teacher could not post an opposing viewpoint on a board which promoted “gay and lesbian awareness week”.

Problems with Progressive Precedent

Progressive precedent does what the Constitution prohibits.

Many people think the Constitution is a 'dated' document.

Many judges and lawyers believe precedent is as important as the Constitution.

How can we fight it? The 6th and 7th amendment guarantees you a jury trial. Don't surrender it.

Juries have the ability to nullify judge's rulings.

Unfortunately, juries find guilty 95% of the time.

Thomas Jefferson said, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

Inform juries about nullification and the Constitution. Don't take no for an answer.

It's better to force mistrial, then let them win.

6th Amendment also grants a right to be confronted by witnesses. Don't let them remain anonymous.

Hecklers aren't allowed a veto, especially imaginary hecklers.

The most peaceful strategy

In a recent case, the Amish defeated a federal government regulation requiring the registration of their livestock. The judge noted, “they packed the court house”.

David Gibbs tells a story how over 14,000 Christians showed up to face the governor of Ohio when parents sending their children to a private Christian school were sued. The Ohio attorney general dropped the case.

When your brother is sued, show up. Pack the court house, bring a Bible, and pray.

Final notes

We can't force any one else to pray or take a Bible. Don't try.

Peer pressure is not an excuse in the commission of a crime. Peer pressure is not force. Don't take this as a reason for 'violation of separation of church and state'

I don't advocate pushing religion on any one. I'm just fighting people who are pushing atheism on us.

Recent cases Fort Oglethorpe cheerleaders

South Haven Court House benches

Santa Rosa Florida Teachers

San Diego, California Major Use

Gilbert, Arizona Bible Study

Mojave National Preserve Veterans of Foreign Wars Cross

Cheatham County graduation prayer

Wilson County Gideons

Maryville Christmas Tree lighting

Clarksville Nativity Animals

Sevier County Commission

Clever answers

Fort Oglethorpe fans will carry signs in the crowd.

Citizen can get protest permit to read from Bible in public.

Mojave national park covered the cross with a cross shaped box.