Saturday, September 22, 2012

Assault on The Constitution
Part Two: Freedom of Religion

If I said that "they" are re-writing The Constitution, you may say "No. It has to go through a long process before you can amend The Constitution." You would be wrong.

Consider the first amendment - the opening shot in the Bill of Rights. The first 16 words are: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Even President Thomas Jefferson's 1802 letter to a Baptist group in Danville, CT, responding to their complaint that Jefferson, unlike Presidents Washington and Adams, had failed to proclaim a national day of prayer and fasting.

Jefferson's letter, the source of the "Wall of Separation" nonsense, also said "I have refrained from presenting even occasional performances of devotion presented indeed legally where an executive is the head of a national church, ..."

In 1777, Jefferson wrote the Virginia Statute for Religious Freedom, which established freedom of religion in the Commonwealth. Although the document was not adopted as Virginia state law for nearly a decade, it was one of Jefferson's proudest life accomplishments.

I don't know what Jefferson meant with his reference to "the head of a national church", But it is clear that the "Wall of Separation" was simply Jefferson's opinion.

In America, we have the practice of "common law"  Not being a lawyer, I may not know the correct details, but my understanding is that Common Law means we reference decisions by previous courts when deciding cases with like circumstances.

Previous to Jefferson, Washington and Adams both felt it was proper to declare a day of prayer and fasting. None of these opinions were by a "court". But if the idea of Common Law is to apply, why does not the Washington and Adams practice take precedence?

But, all of this is moot because The Constitution simply says "Congress shall make no law..."

The "re-writers", however pounced on Jefferson's wall of separation - NOT a part of The Constitution - and proclaim it to mean there can be no reference to religion on any government property, city, county, state or federal.

If that is not amending The Constitution, what is?

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