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Douglas Schweitzer's picture
Douglas Schweitzer

The Security Sector

What happened to separation of church and state?

Before anybody gets their feathers ruffled, I'm not against religion; I feel that everybody has the right to practice and believe in whatever religion they choose - as long as it doesn't break any laws. My siblings and I grew up in a Roman Catholic household (the religion of our mother) because my mother and father agreed to raise us in that faith. My father was neither a Catholic nor even a Christian, but a Jewish Holocaust survivor, so I was exposed to Judaism, too.

That said, I admit that I don't understand why today we still include religious references in our court proceedings. I've always thought it strange that in a court of law people are instructed to swear on a "Holy Bible." I suppose that in days of old people assumed that folks were so incredulous they'd never stray from the truth after swearing with their hands on a bible simply because they feared what would await them in the afterlife if they did so. But what if "the Bible" means nothing to you - perhaps your religion has nothing to do with that Bible or perhaps you're atheist or agnostic?

So when I read this article "Ky. law requires Homeland Security to credit God" to me it calls up the issue of the separation of church and state. I thought the whole idea was developed around the premise that government and religious institutions should be kept separate and independent from each other. The fact that Kentucky law "requires" that the Department of Homeland Security credit God with keeping the state safe seems to go against that separation.

What People Are Saying

Nothing in the constitution

Nothing in the constitution calls for 'the separation of church and state' - that phrase comes from the letters of Thomas Jefferson. Christianity was considered 'common law' by several of the state supreme courts and by the majority of the American people and founding fathers - but Jefferson believed there should be a seperation/wall between church and state and argued for this adamantly in several letters to others of his peers, most noteably to Justice Story, and is where we get the phrase. (It is a very different separation from what we now understand, for even he wished the Bible to be used as a major textbook in the schools of America, as it was most excellent for teaching morals to the young mind! He also gave us quotes such as these:

“God who gave us life gave us liberty. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift from God? That they are not to be violated but with His wrath? Indeed I tremble for my country when I reflect that God is just, and that His justice cannot sleep forever.”

It is clear he did not wish for a government divorced from morality or a people that did not believe in God, but rather, for a government that listened to what it's constitution said and did not -force- a religion or punish for the not following of one. (Like our school systems today force secular humanism and punish for the not following it *cough* but thats another topic...)

For the other side of the story, one can look at Justice Joseph Story.

Justice Joseph Story:
“ I verily believe Christianity necessary to the support of civil society. One of the beautiful boasts of our municipal jurisprudence is that Christianity is a part of the Common Law. . . There never has been a period in which the Common Law did not recognize Christianity as lying its foundations.”
[Commentaries on the Constitution of the United States p. 593]
“ At the time of the adoption of the constitution, and of the amendment to it, now under consideration [i.e., the First Amendment], the general, if not the universal sentiment in America was, that Christianity ought to receive encouragement from the state, so far as was not incompatible with the private rights of conscience, and the freedom of religious worship.”
[Commentaries on the Constitution of the United States p. 593]

The Continental Congress voted to purchase/import 20,000 copies of Scripture for the people of the U.S right after creating the Declaration of Independance.

In 1782, the United States Congress voted this resolution: "The Congress of the United States recommends and approves the Holy Bible for use in all schools."

George Washington:

“What students would learn in American schools above all is the religion of Jesus Christ.” [speech to the Delaware Indian Chiefs May 12, 1779]

Now, if George Washington, our first president, doesn't think -that- is crossing a line...

I think this was at the heart of the very debate. Christianity was part of the 'common law' - that is, the belief of the people, held in high regard by the law, and all elected officials it was encouraged by the people that they also be Christian in order to further the moral growth of the nation - however, no one was forced to be Christian or prevented from practicing their own relegion, nor punished for not obeying any tenent (as under former rules of catholism or some prtestantism were severe punishments or even death were enacted for infractions)

In the words of Patrick Henry:
It cannot be emphasized too strongly or too often that this great Nation was founded not by religionists, but by Christians; not on religions, but on the Gospel of Jesus Christ. For that reason alone, people of other faiths have been afforded freedom of worship here."

But, on the other side of the debate, Thomas Jefferson did not believe christianity should be part of the common law (even though state supreme courts often upheld it as such in rulings such as New York or PEnnsylvania into the mid-1800's, I have not seen anything to overturn it either, except that obviously our nation is 'less christian' in population that it was)

On July 4, 1821, President Adams said, "The highest glory of the American Revolution was this: "It connected in one indissoluble bond the principles of civil government with the principles of Christianity."

Calvin Coolidge, our 30th President of the United States reaffirmed this truth when he wrote, "The foundations of our society and our government rest so much on the teachings of the Bible that it would be difficult to support them if faith in these teachings would cease to be practically universal in our country."

Also, much of the 'establishment of religion' refers to the varying denominations of the time - ie - congress very much wished to prevent a situation in which the government was seen to favor one denomination over another. In all cases they very clearly agreed that God existed (even the non-Christian deists did) - but they did not wish conflict between the quakers and presbyterians and catholics, etc. (Referring back to Patrick Henry, he had first proposed an idea of four tax-dollar supported state churches of different denominations, imagine that! The first amendment is much better. But then, now days we are leaning towards tax-funded slaughterhouses.)

And something interesting I found out recently, but James Madison got his idea for the three branches of government from Isaiah 33:22 Isaiah 33:22;
“For the LORD is our judge,
the LORD is our lawgiver,
the LORD is our king;
He will save us.” which he read to the Constitutional Convention when sharing his idea.

Freedom of religion is not freedom -from- religion, after all. And someone in government practicing their religion is not the government establishing a religion, and even the government promoting a religion is not the same as a government establishing a religion - only when the government makes a -law- regarding an establishment of religion (say, that -only- a certain religion must be taught or practiced by the people, or that certain religions must never be taught or practiced by the people) is the government stepping into dangerous territory (oh wait, the government does that, and people are fine with it, hmmm....)

Separation of church and state

Well said. Nice post.
Sadly, many middle-eastern religious factions, like christianity, won't be satisfied until they've completly wiped out any other way of thinking about how life should be lived. When they gain control of governments, everyone loses freedom.
www.tincantabloid.com

Who is this God person anyway?

I think you are overlooking a critical word in the phrase that provides the title for your article, and that word is "church." Yes, the Supreme Court did rule that there should be a seperation between church and state, but not belief and state. The term "God" does not specify any particular religious affiliation. And seeing that the Declaration of Independence states that our inalienable rights, particularly those spelled out in the Constitution, are bestowed upon us by our "creator," it is absurd and intellectually dishonest to contend that it is a Constitutional violation to include the notion of a higher power in legislation. If the law in question invoked Jesus Christ, or Jehovah, or Allah, or L. Ron Hubbard, then it would be a valid argument. Besides, what is the Constitution itself if not a "higher power" by which we determine what is appropriate and inappropriate behavior? And if you reject a higher power, don't you consequently reject the entire concept of inalienable rights? And if you accept that belief in a higher power is necessary to belief in the Constitution itself, then this becomes purely an argument about somantics. The term "God" can mean any number of different things to any number of different people. And in order for this lawsuit to have any merit, atheists would have to prove how God's inclusion in this legislation victimizes or oppresses them as a group, which it clearly does not. In my opinion, this is an entirely frivolous concern, and I hope that it is rejected by the courts expediently.

Crediting God

I'm not surprised that some do not wish to use the Bible to swear in witnesses or to credit God with the gifts He gives us. However, this was not the view of the founders who wrote and/or lived at the time of the First Amendment.

For example, President John Quincy Adams said:

"The law given from Sinai was a civil and municipal as well as a moral and religious code; it contained many statutes . . . of universal application-laws essential to the existence of men in society, and most of which have been enacted by every nation which ever professed any code of laws."

Or consider this quote, which can be found on the Library of Congress' website:

From the Library of Congress:

Congress appointed chaplains for itself and the armed forces, sponsored the publication of a Bible, imposed Christian morality on the armed forces, and granted public lands to promote Christianity among the Indians. National days of thanksgiving and of "humiliation, fasting, and prayer" were proclaimed by Congress at least twice a year throughout the war. Congress was guided by "covenant theology," a Reformation doctrine especially dear to New England Puritans, which held that God bound himself in an agreement with a nation and its people. This agreement stipulated that they "should be prosperous or afflicted, according as their general Obedience or Disobedience thereto appears." Wars and revolutions were, accordingly, considered afflictions, as divine punishments for sin, from which a nation could rescue itself by repentance and reformation."

More can be found here:
http://churchvstate.blogspot.com/search?q=bible

Separation?

Please keep in mind that the words "separation of church and state" do not exist in the US Constitution. It merely states that the US government shall not establish a particular religion (Catholic, Protestant, etc.) as a state religion. To acknowledge God is not an endorsement of a particular religion. If you study the history of the United States, you should know that this country was founded on Christian beliefs. Our forefathers did not want a particular religion endorsed by the state, as England did when establishing the Church of England. This does not mean that a belief in a Christian God should not be allowed in our federal institutions - which is why we sware on the Bible in court and when elected officials are sworn into office. This is also why we open each session of Congress with prayer. Doing these things does not acknowledge a particular Christian religion but only acknowledges a belief in a Christian God. Many people do not know this, but much of our constitution and the 3 branches of government are all derived directly from the Old Testament portion of the Holy Bible. The United States of American is a country that was founded on Christian Principles and a belief in one true God.

So?

HOWEVER, the Supreme Court, the body entrusted by the Constitution to define just what precisely is constitutional has said many times that the founders (not all of whom were Christians BTW) intended that Church not rule State and vice versa, establishing said Separation of Church and State.

- You are aware that the Supremes have said that the 'swearing' on a religious object or book for taking office or declaring that you are telling the truth is a personal decision, and can be refused? It is you right to affirm without any need for a book, holy or otherwise.

- Oh, btw, what sections of the Old Testament are you suggesting lead to the three bodies of our government? Chapter and verse please.

Separate?

You seem to have miscontrued my statement concerning swaring on the Bible. I never said it was required, but was attempting to show that it is not prohibited as one would believe if a true separation between church and state were intended by our forefathers.

The idea of three branches of government is not unique to the United States. Many early political philosophers saw the wisdom in this system of checks and balances.
At the Constitutional Convention of 1787, James Madison proposed the plan to divide the central government into three branches. But he was not so much influenced by Montesquieu as he was the Bible. While reading Isaiah 33:22, ““For the LORD is our judge; the LORD is our lawgiver; the LORD is our king; he will save us,” it came to James Madison that this is how the government of the United States should be structured. You can thank the Bible for a lack of tyranny in American government.

Now it is your turn - of the 56 signers of the Declaration of Independence which ones were not Christian?

God Bless you and God Bless America.

swaring

You mean swearing...

I think that some

I think that some proceedings in court or governmental agencies do seem authoritarian in the sense of "imposing" a religion on somebody. The view most people have is that religion is being mixed with the state. The founding fathers of this country merely wanted a separation of religious powers (something they knew was prevalent in europe and the colony they lived in) from governments. However, they did not want religious ideas separated from government. It's a very fine line.

Personally, I believe government must be separated from religion because religion (and not government) is corrupted when mixed with civil power. However, our secularism has become at odds with religion and even uncomfortable with it. In some places in Europe (like France), the government has become outright agressive against religion.

I agree wholeheartedly...

I was raised in a home with no religious affiliation at all. To assume that because I'm an American that I ascribe to Christian mores, values, tenets, etc. is not only wrong, it's prejudicial. "Swearing" on a bible, koran, talmud, or any religious text is ludicrous for people like me and millions of others.

The "God" mentioned by the Founders of our country is a "generic god" whose definition is to be left up to the individual citizen.

Separation of Church and State is the fundamental principle of the existence of this nation. Popes, Bishops and Kings can all become tyrants, as history has shown us many times.