I submit that the so-called “Constitutional Principle” of Separation of Church and State is, indeed, not a Constitutional Principle, and is, instead, antithetical to the original constitution (i.e., government organization) of the United States of America. Many American Founders, including Adams, Madison, Jefferson, Washington and others wrote extensively about the need for a moral people, in the Judeo-Christian sense of the word moral, for our Constitution to properly function and even survive. Once a people descend into immorality, a Constitution such as ours can no longer fulfill its intended function. Religion is the foundation for morality. Our religious foundation is the one handed on to us from the long history of Western Civilization, whose “morality” is described in the Judeo-Christian Ethos page.
Separation of Church and State Vs.
American National Existence
Constitution of the United States of America; Amendment I:
There’s nothing tough about this; you don’t have to be a legal scholar to understand the simple English of it. The clause in question is:
You can see at once that this clause places two legal restrictions upon the Congress, and no legal restrictions upon anyone other than Congress. The Congress is legally prohibited from:
Note well that, nowhere in this clause, nowhere in this Amendment, and nowhere in the entire Constitution, do the words Separation Of Church And State appear. The so-called “Constitutional Principle” of Separation Of Church And State may not properly be called a Constitutional Principle since it may not be found anywhere in the Constitution. The Establishment Clause says nothing whatsoever about any such separation. The language is crystal clear.
The intention of the Founders was similarly crystal clear. Most of the Colonies-becoming-States already had legally established official State Religions in their pre-existing formational Constitutions or Charters, and they (at first) fully intended to keep them. The Delegates from the individual Colonies were seeking to prohibit the larger Federal Government form legally establishing some official National religion right over the top of their own existing, legally established, official State religions.
That was the whole purpose for the Establishment Clause being put into the First Amendment of the National Constitution. The Framers sought two things: First, to prohibit any Federal legal requirement for citizens to join any religion other than the Colonial one to which they already belonged. Second, to have religious toleration established in Federal law for open practice or “Exercise” of their existing official and legal Colonial religions. Here are our founding era official State religions:
The issue drew attention and much thought to the voluntary and free-will nature of Christian faith required of salvation, and fed the notion of freedom of religion. Over time the individual Sates each had their own “Disestablishment” movements in favor of the proven wisdom of the National Establishment Clause; today, every State has similar clauses in their own State Constitutions. The notion that the Framers intended any sort of restriction at all on any Church or Synagogue, or on any minister or theologian, is just plain ludicrous. Nor did they intend to put any restrictions on themselves regarding their public endorsements, who they supported, who contributed to their campaigns or anything else.
Legislators and Presidents and Justices were perfectly free to quote Scripture, teach Sunday School, pray in public, lead public prayer, give government dollars to Churches and Church groups and organizations, or anything else they wanted to do. And they did these things. The Clause wasn’t intended to restrict religion, but to free it. It placed two and only two very specific restrictions on Congress, and absolutely no restrictions on anyone else.
Thomas Jefferson has been taking a bum rap for a long time now, as somehow having created this “Constitutional” principle called Separation of Church and State. He did no such thing. He wrote a private letter to some Connecticut Baptists using the phrase in full support of what you just read above. Here’s Jefferson’s letter:
Again, this was a private letter, not any kind of law, and President Jefferson did not intend for any part of it to ever be construed as any new law or in any way become legally binding on anyone. Even if it literally did become binding, if you read it, you see that it says exactly and precisely what the Establishment Clause says. Few documents in history have been more misrepresented than this one. Obviously, President Jefferson wasn’t too crazy about the Church of England, but his letter shows that he respected the rights of those who claimed it as their own.
Later that year President Jefferson signed into law a tax exemption for Churches in Alexandria County. The following year he made a treaty with the Kaskaskia Indians in which he pledged federal money to erect a Catholic Church for them and to provide some support their priest. Now, Jefferson wasn’t particularly fond of the Catholic Church. In fact, he wasn’t too fond of Protestantism either. (He was a Deist.)
But it’s worth noting here that President Thomas Jefferson, the Founding Father most central to this whole issue, as President, spent American tax dollars to support a Church, granted tax-free status to some other Churches, and clearly showed in his correspondence his belief in God, and his sense of duty to protect American religious freedom and independence from government.
Justice Black’s Dumb Assed Interpretation
The first Amendment, as written, bans laws that would establish a state religion; it has now been interpreted to place a wall of separation between the Church and the state. This is an invention. Jefferson, the first to use the term, intended this “wall” to protect religions from government; today’s officials interpret its intention to be to protect government from religion. They’ve turned it upside down. In the 1947 Everson case the Court held that the Fourteenth Amendment “incorporated” the establishment clause of the First Amendment, and extended the meaning of “establishment” to include “aid” to religion or religions. See?
Justice Black, for the majority:
He just made all that up out of thin air.
The Black Court Majority was either very, very dumb, or evil. As we have already seen, Jefferson himself, and others, actually did the very things Black’s opinion said and pretended that they could not legally do. Jefferson’s wall of separation certainly did not mean that the government or members of the Government were thereafter prohibited from supporting or practicing or publicly espousing religion, or teaching Sunday School in their spare time.
This decision brought about the exact opposite of what was intended by Jefferson and the other framers: Direct government control of and interference with religion. This was a direct violation of the intention of the religion clause. The clause intention was to restrict government and free religion; this opinion restricted religion and made government supreme over it to some degree, and invented, out of nothing, a “Constitutional” legal wall of separation that had not previously existed, nor been intended by the Founders.
The Founders used to begin all proceedings, public or private, with prayer, and they did so on the day following the ratification of the Bill of Rights; they certainly did not intend to place themselves or their successors in the position of not being able to pray publicly, invoke the name of God in public speeches, quote Scripture to any audience including school children, or teach religion in their spare time, perhaps at a public school. What they did intend was to not legislate religion, and to not allow the government to hinder or restrict or control religion or religious expression. Period.
We don’t really have a crime problem, as such. We have a morality problem. Separation of Church and state provides an excuse for a pure form of part-time atheism called secularism, which supports its parent religion of atheism, which simultaneously promotes evil and directly attacks all tradition, orthodoxy and mainstream religions that oppose evil. This is a direct attack on our national Divine Ground Of Being.
Secularism is evil, pure and simple. State secularism must begin to be widely recognized for what it is, which is a religious persuasion officially established, promoted and enforced by the state; not by Congress, mind you, but by the Court. Its main agenda is religious cleansing, concentrating on Christianity, and, for the secularists, the ends justify the means.
Secularism - separation of religion and anything at all - is immoral. And, if you are any variety of mainstream monotheist, then secularism is also against your religion. Currently, it is also the law of the land.
Consider how the Secularists / Wall-Of-Separationists quite regularly ask you to put your faith aside when you step up to the blackboard, or podium, or jury box, or microphone, or voting booth, or whatever. I submit for your consideration the notion that putting your faith aside for any reason, in any environment, for even an instant, is very strictly against your religion, if you have a real religion. It cannot be claimed that it should be done for any higher purpose, for there is and can be no higher purpose.
I ask you to take a moment to quietly think about the idea of separation of Church and, not only state, but, anything at all. What moral purpose could there possibly be for you to put aside and disregard your deep religious beliefs, for a moment, or for an issue, or in an environment? Pick a time frame, pick a topic, pick a place, and think about it; perform a thought experiment. After having put aside your religious beliefs and your faith-based moral standards, and having considered the secular topic or made the secular decision or done the secular business, in the end, have your religious teachings and moral standards regarding the apparently vitally important secular topic changed? If not, then, why did you disregard them?
Question: Why would you ever be asked to put your religion aside?
Answer: To get you to choose or decide or vote for something against your religion and/or against your religious moral basis. In America, the national religious moral basis is the Western Culture Ethos, which forms the very foundation for our civil law.
There is and can be no other reason. Think about it.
Pre-American Church and State Relationships.
Ancient Rome allowed religious freedom, up to a point, in the Holy Land. There was a vaguely defined separation between temporal and ecclesial power, illustrated by the fact that the High Priest had to bring our Lord Jesus Christ before the Roman Procurator Pilate, because only the temporal law could impose the death penalty; the ecclesial authority could not legally do that. Of course, there followed many years of brutal religious persecution; it seemed that religious freedom depended largely upon the Roman ruler of the moment.
During and after the Peace of Constantine, there was a closer relationship between Church and State. Popes crowned emperors; there were even incidents of emperors nominating popes (a severe conflict of interest, since popes crowned emperors) and emperors even calling ecumenical councils. However, there always remained a separation between ecclesial authority on matters of faith and morals, and temporal authority on matters of law. The two were somewhat intertwined, of course, since civil law itself was based upon the morality that came out of the religion.
Even more interesting is the historical fact that many bishops were also princes, dukes or lords of domains in the secular order before they were raised to the purple and made bishops, or princes of the Church. There was a dual role for many of them, holding both secular power and ecclesial power. Although many bishops were common men, nobility was certainly represented in the ranks of the bishops.
Popes were once monarchs over vast European territories, which were once included in the papal estates. Over the centuries these dwindled, down to its present state, under Mussolini; the present Vatican City is now all that remains. Nevertheless, the pope is both secular and ecclesial ruler in the Vatican. It is important that the pope remain a secular ruler in an established sovereign state in order that the popes not fall under the command and influence of any secular ruler, who may impose a civil law conflicting with the moral law, and who might try to dictate, order, instruct or control the pope.
Luther’s Combination of Church and State.
Until the Reformation, separation of Church and state was not really an issue or a hot topic at all. There was, of course, some crossing of the lines; however, among Christians, there was only one faith, and that one faith – Roman Catholicism – fairly permeated all of Christian society, at all levels. As I earlier explained in For God and Country, Martin Luther invented a radical combination of Church and state, meaning, exactly, Christian theocracy.
Luther’s dictum, Cujus region, ejus rligio (Whoever’s reign, his religion) became the law of the land. A citizen’s religion became a matter of civil law. Luther’s words: “He who owns the country owns the Church, and he that makes your laws for you has the right to make your religion for you.” In the instance of Pfalz, the religion of the people was changed four times in eighty years because of this new Lutheran principle.
Of course, the history of state abuse of various religions in Europe became a major reason for the colonization of America. And, as we have already seen, each new American colony established its own official state religion, so that disciples would be free to worship openly, completely unhindered by the state.
What to do about it.
I submit that, since the 1947 Everson case, our government has systematically violated our religious freedom by imposing a state religion of atheism, through a program of legal secularization. This secularization is, precisely, a program of religious cleansing, of the public square and of the American people, being done by the American government. American citizens are increasingly forced by civil law to be, appear to be or pretend to be either atheists, or such pervasive moral relativists as to be guilty of the mortal sin of indifferentism.
The Constitution restricted the government from dictating religion to the people. The Court turned this around, and set the government to legally secularizing itself, divorcing itself from God, and thereby beginning a program of legally secularizing the people. The unseen victim in this program was the Judeo-Christian religion itself, and the Judeo-Christian moral code that formed the original basis for the very idea of America.
I further submit that Justice Black and the 1947 Court was out of order in the Everson decision; that it had no foundation in precedent or existing law, that it was an arbitrary and personal opinion, that it has had tragic consequences adversely affecting the morality of the American people and the integrity of the American government. It should therefore be overturned. The Supreme Court overstepped its bounds in establishing what amounted to new law, which is unrepresentative law. It is not within the duties of the Supreme Court to dictate new law by the method of establishing bogus legal precedent of use in suppressing open Christian religious exercise and Christian religious expression anywhere in America. Such religious suppression represents an unconstitutional violation of the First Amendment free exercise clause.
Just as the Court established the Principle of Judicial Review, in Maybury v. Madison in 1803, the Congress may establish a Principle of Congressional Review, and the President may establish a Principle of Executive Review, by overturning clearly unconstitutional, Court-established legal precedent, and declaring it null, void and no precedent from that date forward.
The 1947 Everson case should be overruled by the Legislative branch or by the Executive branch, either acting together or acting singly. The Court, the Legislature and the Executive are all co-equal branches of the American government. The Court has no dictatorial authority to establish new “Constitutional principles” that may not be found anywhere in the Constitution.
Congress and/or the President should have acted to put this aside in 1947. Since it didn’t happen then, it remains for a future government to do it.
His will be done.
Return to What's New page
Return to HOME PAGE
Hover-Link Footnotes: For the convenience of those readers using devices that lack a mouse, these footnotes are provided for all webpages, in case any webpage contains any hover-links. (If you don't have a mouse, you can't "hover" over a link.)
Respond to This Article Below The Last Entry
Date: Sat Oct 11 2014
From: Vic Biorseth
Changes pursuant to changing the website URL
and name from
Thinking Catholic Strategic Center to
Catholic American Thinker.
Pulled the trigger on the 301 MOVE IT option June 1, 2014. Working my way through all the webpages. .
Please note the language and tone of this monitored Website. This is not the place to stack up vulgar
one-liners and crude rejoinders. While you may support, oppose or
introduce any position or argument, submissions must meet our
standards of logical rigor and civil discourse. We will not
participate in merely trading insults, nor will we tolerate participants merely
trading insults. Participants should not be
thin-skinned or over sensitive to criticism, but should be prepared to
defend their arguments when challenged. If you don’t really have a
coherent argument or counter-argument of your own, sit down and don’t
embarrass yourself. Nonsensical, immoral or merely insulting submissions will
not be published here. If you have something serious to contribute to
the conversation, back it up, keep it clean and keep it civil. We humbly
apologize to all religious conservative thinkers for the need to even say
these things, but the New Liberals are what they are, and the internet is what it is.
If you fear intolerant Leftist repercussions, do not use your real name and do not include email or any identifying information. Leftists can never tolerate any opposition or your freedom of speech.
Never be lukewarm.
Life itself demands passion.
He who is indifferent to God has already forfeited his soul.
He who is indifferent to politics has already forfeited his liberty.
In America, religion is not mere window dressing and citizenship is not a spectator sport.
Do not allow our common destiny as a whole people to just happen without your input.
Catholic American Thinker Free E-zine Subscription
Click the image above to
publish your essay or article here,
to be included among those below.
Special Articles and
(Note: copyrights on these articles wherever present will supersede the WebSite copyright at the bottom footer of every WebPage)
Faith, from the Easter series on the Three Theological Virtues. The virtue of Faith; One of the Seven Heavenly Virtues.
Hope, from the Easter series on the Three Theological Virtues. The virtue of Hope; One of the Seven Heavenly Virtues.
Love, from the Easter series on the Three Theological Virtues. The virtue of Love; One of the Seven Heavenly Virtues.
Prudence, from the Lenten series on the Four Cardinal Virtues. The virtue of Prudence; One of the Seven Heavenly Virtues.
Justice, from the Lenten series on the Four Cardinal Virtues. The virtue of Justice; One of the Seven Heavenly Virtues.
Temperance and Fortitude, from the Lenten series on the Four Cardinal Virtues. The virtues of Temperance and Fortitude; Two of the Seven Heavenly Virtues.
On the word Consubstantial, the Trinity and Infinity. On the Consubstantial (Single Substance) of God, and the mathematically impossible number of Infinity.
The challenge describes Capitalism as illusory and Marxism as solid. The mixture of religion just adds to the confusion of all good realists.
The Obama Ethos: Who is Barack Obama? What is his grounding, his ethos? The Obama Ethos explores Obama's grounds of being; his religious, moral and political guiding principles.
Obama the Moslem: Introducing Comrade Obama (peace be upon him.) Obama the Moslem: anti-Catholic; anti-Chrisitan; anti-Jew; anti-American.
Freedom, yes – but from whom, and to do what? Is freedom from God enslavement to the world? Is freedom from the world enslavement to God? Which is better?
The Room: Born of that still inner voice. A story about a small church pastor who erects a small room to serve as a mediation room for his parishioners.
Are Catholics Saved, by having been Born Again? The theology of salvation: Catholic vs. Protestant.
Love thy neighbor as thyself: the Law in One Sentence. Can one simple sentence contain the whole of the moral Law of God?
The Catholic call is universal; it goes out to everyone. Although the Catholic call goes out to all, man’s free will means that all will not respond.
God’s Perfect Unconditional Love meets man’s Free Will. Perfect Unconditional Love can be rejected. Liberty and free choice may be a blessing or a curse.
Of Weeds and Wheat growing together, and the eventual separation. - Weeds and wheat in the field differs from in human kind, where either one can become the other.
Why Should I Believe in God? - an article by Eugene Rudder.
On Losing You - a poem by Rosemarie A. Stone.
Our Beautiful Love - a poem by Rosemarie A. Stone.
Catholic Communism: Similarities between Church Hierarchy and Pure Bureaucracy. Mises said that Communism equals Bureaucracy; the Church is a bureaucracy, therefore we have Catholic Communism. True?
The Source of Anxiety: Improper Priorities. Seek ye first the Kingdom of God and His righteousness.
“I, Pencil … ”; Capitalism in a Nutshell. Leonard E. Read
Endless Concessions to the Palestinians Pamela Levene
The Peace Treaty Sajid Ali Khan
Leftist Politics in Catholic Mass Mark Brumbaugh
The USCCB Flip-Flop Mark Brumbaugh
Open Letter to Daniel Cardinal DiNardo Mark Brumbaugh
The Gift Bearers Michael from Florida
Dear Vic And Others ... John Felland
The Church Is Rotten To The Core Michelle Lobdell
Hatred of Palin Janet Morana
Proper Catechesis Susan Greve
Who is Barack Obama? Pastor Robert Legg Greve
Limited War Doctrine Colonel Thomas Snodgrass
Rabbi Meir Kahane's Letter Rabbi Meir Kahane, OBM
Solzhenitsyn Speaks Aleksandr Solzhenitsyn addresses the AFL/CIO.
The American Constitution (American Founding Fathers)
American Democrat Party Platform Karl Marx and Frederick Engles
Prof. Libor Brom
Re The Sin Of Scandal Phil Lange
Marxist Infiltration into Catholic Thought Nancy Libert
New "race and racism" thread begun by Stephen from VT. On race and racism: the ever changing definition and generic usage of the word "racism."
The Bush War Doctrine Revisited: a fresh look at our horrible situation. A reproduction of the "Bush War Doctrine Revisited" article and discussion points by David Yerushalmi; there is much food for thought here.
Resignation of Benedict XVI and the Immediate Media Firestorm. The resignation of Pope Benedict XVI and Rev. Marcel Guarnizo's interview with the author that caused the international media frenzy.
The Jewish Shabbat. Description of Jewish Shabbat (Sabbath) from my Holy Land item supplier.
Kerry's Lies: The Old, Vietnam-Era Anti-War Chickens are Comming Home to Roost. POW Lawsuit Could Force Kerry To Come Clean - by George "Bud" Day, Chairman, Vietnam Veterans Legacy Foundation.
Just Laws for a Godly Nation. Many nations today still lack a core of just laws for a Godly nation.
What does the World Wildlife Fund have to do with World Youth Day? An unholy alliance between the Leftist WWF and the Vatican?
False Flag: Serious-minded fiction creating a better understanding of 9/11. Can serious-minded fiction play a role in creating a better understanding of critical contemporary social/political issues like 9/11?
Bringing the Liturgy Back to the Real Vatican II. Cardinal Burke Comments on Sacra Liturgia Conference
Layman letter to all bishops. Letter to Bishops from Mariann / Mary's Child
Fetal-Microchimerism gives new meaning to the bonding of Motherhood. How the unborn child blesses the mother and physically changes her, for the rest of her life.
Ars celebrandi et adorandi - Pastoral Letter from Bishop Thomas John Paprocki. With Ars celebrandi et adorandi, all Springfield IL Catholic Parishes move Jesus back to the center of life! YES!
To be, or not no be lukewarm; that is the question. Whether tis nobler to fight the good fight, or just smile and be nice ...
Technology: a Two Edged Sword. Technology can be used for good, or for evil.
More American Imperial Edicts Issuing Forth out of Obamunism. Archbishop Schnurr joins Rick Santorum in identifying American Imperial Edicts from this administration.
Benedict XVI's Motu Proprio Summorum Pontificum; Apostolic letter on 1962 Rite.
The Motu Proprio Summorum Pontificum confirms the 1962 Latin Rite as the 'Extraordinary' Roman Liturgical Rite.
The Pope's Letter to Bishops on Summorum Pontificum. Benedict XVI's Letter to Bishops on Summorum Pontificum issued the same day as the Motu Proprio.
The Explanatory Note on Motu Proprio Summorum Pontificum. An 'Explanatory Note on Motu Proprio Summorum Pontificum' issued by the Vatican.
A concerned Catholic spotlights Catholic funded Alinsky organizations. The Alinskyite Gamaliel Foundation underpins multiple Catholic funded Alinsky organizations.
From Shane Leslie Mattison, whose father was Elden Mattison Woolliams. Annecdotes from Shane Leslie Mattison.
Dr. Ben Carson, Champion of God, Family, Country and Decency in Government. Ben Carson can return America to being a Constitutional Republic once again.
A submission from someone who would be Pope. If all the last five or so Popes have been invalid Popes, then, where's the valid one? Why, Brother Michael, of course!
If you can't find the page you're looking for, try the