The Fallacy of “Separation of Church and State”


The best intro to this essay submission from Justin Smith can be summed up from an excerpt:

 

Any attack against Christianity and Judaism in America using the fallacy of “separation of Church and State” is simply an attempt to further undermine, not only Our U.S. Constitution and Religious Liberty, but Our entire traditional American way of life. Do not accept the Fallacy.

 

JRH 8/6/17

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The Fallacy of “Separation of Church and State”

 

By Justin O. Smith

Sent 8/5/2017 3:36 PM

 

The Founding Fathers believed that government’s role in religion should be limited. We cannot discount that the First Amendment begins “Congress shall make no law” either establishing a state religion or prohibiting the free exercise of religion. Rather than articulate an affirmative responsibility for government to protect religion, the Founding Fathers felt it was enough to keep the government out. If nothing else, the language of the First Amendment makes it clear the goal was to restrain government when it came to religion. There is no suggestion the Founders felt the establishment clause and the free exercise clause were in any way competing. Otherwise, why would the Founders include the two clauses together?

 

The point was to keep government out of both realms. Both clauses were needed because it was not sufficient to restrain government from establishing a state religion; government also had to be restrained from any attempt to interfere with religious practices and beliefs. The negative language of the First Amendment does not prohibit Congress from passing a law that promotes religion, provided the judgement does not promote one religion over others.

Before the bad law and judicial activism that started with the abuse of the Constitution by Justice Hugo Black in Everson v Board of Education (1947), the states were not prohibited under the First Amendment from establishing religion, and nowhere in the debate on freedom of religion in the first Congress is there any mention of “separation of church and state.” Our Founders own writings clearly show that they never intended for public officials to check their convictions and beliefs at the door to their offices. They would have been shocked by the Court’s excessively broad interpretation of the First Amendment, given the language the Founders crafted with the belief it would protect open expression of religious beliefs in America.

 

The Founders most certainly would have rebelled against the idea of an absolute “separation of church and state” and the use of the First and Fourteenth Amendments to eradicate all Judeo-Christian references to God from the public square, because these ideas are incompatible with the Original Intent and unalienable rights granted to each of us by our Creator, thus making them erroneous and historically unsupportable.

 

[Blog Editor: Here’s an interesting thought on how the Left and Activist Judges misused the 14th Amendment to rob the Original Intent of the First Amendment:

 

When did things change?

 

Charles Darwin theory’s that species could evolve inspired a political theorist named Herbert Spencer to suggest that laws could evolve. This influenced Harvard Law Dean Christopher Columbus Langdell to develop the “case precedent” method of practicing law, which influenced his student, Supreme Court Justice Oliver Wendell Holmes Jr.

 

This occurred near the same time the 14th Amendment was passed in 1868, introduced by Republicans in Congress to guarantee rights to freed slaves in the Democrat South. The evolutionary “case-precedent” method provided a way to side-step the Constitutional means of changing the Constitution through the Amendment process.

 

Activist Justices began to creatively use the 14th Amendment to take jurisdiction away from the states over issues such as unions, strikes, railroads, farming, polygamy, freedom of speech, freedom of the press, and freedom of assembly.

 

Freedom of religion was still under each individual state’s jurisdiction until Franklin D. Roosevelt.

 

 

In 1937, FDR nominated Justice Hugo Black to the Supreme Court, who also concentrated power by writing decisions taking jurisdiction away from the states in the area of religion. He did this by simply inserting the phrase “Neither a state” in his 1947 Everson v Board of Education decision: “The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another.” READ ENTIRE ARTICLE (THIS IS HOW ATHEISM BECAME OUR OFFICIAL ‘RELIGION’; By BILL FEDERER; WND; 1/15/16 9:01 PM)

 

Now I can’t vouch for this being Justin Smith’s thought on the 14th Amendment, but using the effect of Darwinism in the development of Case Law to have more authority than Original Intent is enlightening to me.]

On New Year’s Day 1802, Thomas Jefferson wrote to the Danbury Baptists to assuage their fear that the federal government might one day attempt to condition religious freedom as a right granted by the state. Jefferson, an anti-Federalist [Blog Editor: Federalist/Anti-Federalist Perspectives – HERE, HERE & HERE], clearly stated his intention to keep government out of religious affairs rather than empower it to remove religion from the public arena: “Adhering to this expression of the supreme will of the nation in the 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 rights in opposition to his social duties.”

The First Amendment compels government not to eradicate religion from the public arena. If the expression of religious beliefs is an inherent God-designed part of human nature, as the Declaration of Independence proclaimed, then government acting to remove religion from the public sphere would have seemed to Our Founding Fathers to be acting in a manner antithetical to Our Founding Principles.

It is almost as if Justice Black decided the First Amendment was equivalent to the biblical admonition to render unto Caesar what is Caesar’s and unto God what is God’s, under the assumption that a discernible distinction could be made without conflict between what was Caesar’s and what was God’s. The whole point of the First Amendment’s attempt to protect freedom of religion is that over time Caesar tends to intrude upon God.

 

In 1948, the Supreme Court ruled in McCollom v Board of Education, 333 U.S. 203 (1948) that religious education provided by churches on public school grounds in Illinois during the school day was unconstitutional. Then in 1952, in Zorach v Clauson, 343 U.S. 306 (1952), the Supreme Court found that allowing New York students to leave school grounds for religious education was constitutional. Dissenting in Zorach, Justice Black wrote, “I see no significant difference between the invalid Illinois system and that of New York here sustained.” If Justice Black, the author of the court’s majority opinion in Everson, could not distinguish these cases, how could state, county, city or municipal school officials be expected to make the distinction reliably?

 

A Godless public square could not be more antithetical to what Our Founding Fathers thought they were achieving when drafting the First Amendment, and the Courts distort precedent whenever they use the Establishment Clause to crush all things religious Ironically, the very language crafted to protect religious freedom has now reached the point at which Americans can only be assured freedom from religion in all places within this nation, with the possible exceptions of prayer confined to church and free expression of religion confined to the privacy of one’s home.

Jefferson made a poignant remark in Notes on the State of Virginia, which clarifies his thinking: “And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath?[Blog Editor’s Emphasis]

 

Why didn’t the Supreme Court choose this text for their ruling? [Blog Editor’s Emphasis] Or his use of “natural rights” in other documents? Justice Clarence Thomas once stated: “… this Court’s nebulous Establishment Clause analyses, turn on little more than “judicial predilections … It should be noted that the extent to which traditional Judeo-Christian religion is removed from the public square and the public schools, it is replaced by other religions, including Secular Humanism, which is specifically recognized as a religion by the Supreme Court.”
In order to combat this assault on religious freedom and religious liberty, to date, twenty-one states have enacted Religious Freedom Restoration Acts since 1993. Currently, ten states [5/4/17 – 9 States] are considering legislation on the topic this year, according to the National Conference of State Legislatures. Virginia amended their state RFRA, but otherwise no states have passed their legislation.
For eight decades, the ACLU has been America’s leading religious censor, waging a largely uncontested war, until recently, against America’s core values, utilizing every fallacy, piece of misinformation and outright LIE imaginable in its war against religious liberty, with the support of much of the current Marxist media; both are intent on destroying traditional America, including the nuclear family. We now live in a country where our traditional Christian and Jewish faith and religion — civilizing forces in any society — are openly mocked and increasingly pushed to the margins, and our weapon to stop them is the Founding Fathers’ own words and their Original Intent regarding the U.S. Constitution.
Ultimately, two very diverse thinkers, Thomas Jefferson and John Adams concluded, that without virtue based on a solid belief in God, Liberty was inevitably lost. In other words, if the Supreme Court, through the efforts of Communists, atheists and fools and ACLU prompting, succeeds in removing the Judeo-Christian God from American public life, a foundation pillar upon which American liberty has depended will have been removed, perhaps irretrievably. Without the open expression of religious freedom so fundamental to American liberty that it is written into the First Amendment of the Bill of Rights, American Liberty will not long persist.

 

Americans cannot and must not allow the Communists and atheists of this nation and the ACLU to secularize America to the point where our tolerance is turned into silencing and punishing religious speech. Life is valuable; marriage is a God-ordained institution between one man and one woman, and families are comprised of a male father and a female mother with any number of children. Any attack against Christianity and Judaism in America using the fallacy of “separation of Church and State” is simply an attempt to further undermine, not only Our U.S. Constitution and Religious Liberty, but Our entire traditional American way of life. Do not accept the Fallacy.

 

By Justin O. Smith

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Edited by John R. Houk

All links and any text embraced by brackets are by the Editor.

 

© Justin O. Smith

 

Examining 28 Founding Fathers Principles


John R. Houk

© July 1, 2015

I sent an email to myself that lists “28 Fundamental Principles of the Founding Fathers”. In the self-sent email I reminded myself to give credit to the blog contributor Robert Smith. I sent the email to myself on June 23 and for the life of me I can’t remember what the reference was inspiring me to self-send this email. If Robert happens to read this, he’ll probably remember.

The things is, between about 7 years of President Barack Hussein Obama whittling away the U.S. Constitution and around 40ish years of the Supreme Court stealthily transforming the Founding Fathers’ Constitution into the so-called Living Constitution, I believe it is time to recall some reasons why our Founding Fathers influenced THIRTEEN Colonies to leave the suzerainty of the British Crown to form a more perfect union of United States governed “… of the people, by the people, for the people,” rather than an unjust tyranny of Christian-hating (See HERE, HERE and HERE) Leftists.

So without further ado, compare today’s Federal Government with these 28 Founding Father Principles.

JRH 7/1/15

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28 Fundamental Principles of the Founding Fathers

Posted by JimBobWay

Posted on 5/20/2010, 1:39:50 PM

Free Republic

Originally from: Volusia 9/12 Project

About Volusia 9.12 Patriots

Discover the 28 fundamental beliefs of the Founding Fathers which they said must be understood and perpetuated by every people who desired peace, prosperity, and freedom…

These beliefs have made possible more progress in 200 years than was made previously in over 5,000 years. Thus the title “The 5,000 Year Leap”.

The following is a brief overview of the principles found in The 5,000 Year Leap, and one chapter is devoted to each of these 28 principles…

Read more at: http://www.volusia912.org/The_28_Principles.pdf

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Principle 1 – The only reliable basis for sound government and just human relations is Natural Law. Natural law is God’s law. There are certain laws which govern the entire universe, and just as Thomas Jefferson said in the Declaration of Independence, there are laws which govern in the affairs of men which are “the laws of nature and of nature’s God.”

Principle 2 – A free people cannot survive under a republican constitution unless they remain virtuous and morally strong. “Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.” – Benjamin Franklin

Principle 3 – The most promising method of securing a virtuous people is to elect virtuous leaders. “Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt. He therefore is the truest friend to the liberty of his country who tries most to promote its virtue, and who … will not suffer a man to be chosen into any office of power and trust who is not a wise and virtuous man.” – Samuel Adams

Principle 4 – Without religion the government of a free people cannot be maintained. “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports…. And let us with caution indulge the supposition that morality can be maintained without religion.” – George Washington

Principle 5 – All things were created by God, therefore upon him all mankind are equally dependent, and to him they are equally responsible. The American Founding Fathers considered the existence of the Creator as the most fundamental premise underlying all self-evident truth. They felt a person who boasted he or she was an atheist had just simply failed to apply his or her divine capacity for reason and observation.

Principle 6 – All mankind were created equal. The Founders knew that in these three ways, all mankind are theoretically treated as: 1. Equal before God. 2. Equal before the law. 3. Equal in their rights.

Principle 7 – The proper role of government is to protect equal rights, not provide equal things. The Founders recognized that the people cannot delegate to their government any power except that which they have the lawful right to exercise themselves.

Principle 8 – Mankind are endowed by God with certain unalienable rights. “Those rights, then, which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal [or state] laws to be inviolable. On the contrary, no human legislation has power to abridge or destroy them, unless the owner [of the right] shall himself commit some act that amounts to a forfeiture.” – William Blackstone

Principle 9 – To protect human rights, God has revealed a code of divine law. “The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures. These precepts, when revealed, are found by comparison to be really a part of the original law of nature, as they tend in all their consequences to man’s felicity.” – William Blackstone

Principle 10 – The God-given right to govern is vested in the sovereign authority of the whole people. “The fabric of American empire ought to rest on the solid basis of the consent of the people. The streams of national power ought to flow immediately from that pure, original fountain of all legislative authority.” – Alexander Hamilton

Principle 11 – The majority of the people may alter or abolish a government which has become tyrannical. “Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes … but when a long train of abuses and usurpations … evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.” – Thomas Jefferson in the Declaration of Independence

Principle 12 – The United States of America shall be a republic. “I pledge allegiance to the flag of the United States of America And to the republic for which it stands….”

Principle 13 – A Constitution should protect the people from the frailties of their rulers. “If angels were to govern men, neither external nor internal controls on government would be necessary…. [But lacking these] you must first enable the government to control the governed; and in the next place oblige it to control itself.” – James Madison

Principle 14 – Life and liberty are secure only so long as the rights of property are secure. John Locke reasoned that God gave the earth and everything in it to the whole human family as a gift. Therefore the land, the sea, the acorns in the forest, the deer feeding in the meadow belong to everyone “in common.” However, the moment someone takes the trouble to change something from its original state of nature, that person has added his ingenuity or labor to make that change. Herein lies the secret to the origin of “property rights.”

Principle 15 – The highest level of prosperity occurs when there is a free-market economy and a minimum of government regulations. Prosperity depends upon a climate of wholesome stimulation with four basic freedoms in operation: 1. The Freedom to try. 2. The Freedom to buy. 3. The Freedom to sell. 4. The Freedom to fail.

Principle 16 – The government should be separated into three branches. “I call you to witness that I was the first member of the Congress who ventured to come out in public, as I did in January 1776, in my Thoughts on Government … in favor of a government with three branches and an independent judiciary. This pamphlet, you know, was very unpopular. No man appeared in public to support it but yourself.” – John Adams

Principle 17 – A system of checks and balances should be adopted to prevent the abuse of power by the different branches of government. “It will not be denied that power is of an encroaching nature and that it ought to be effectually restrained from passing the limits assigned to it.” – James Madison

Principle 18 – The unalienable rights of the people are most likely to be preserved if the principles of government are set forth in a written Constitution. The structure of the American system is set forth in the Constitution of the United States and the only weaknesses which have appeared are those which were allowed to creep in despite the Constitution.

Principle 19 – Only limited and carefully defined powers should be delegated to government, all others being retained by the people. The Tenth Amendment is the most widely violated provision of the bill of rights. If it had been respected and enforced America would be an amazingly different country than it is today. This amendment provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Principle 20 – Efficiency and dispatch require that the government operate according to the will of the majority, but constitutional provisions must be made to protect the rights of the minority. “Every man, by consenting with others to make one body politic under one government, puts himself under an obligation to every one of that society to submit to the determination of the majority, and to be concluded [bound] by it.” – John Locke

Principle 21 – Strong local self-government is the keystone to preserving human freedom. “The way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent [to perform best]. – Thomas Jefferson

Principle 22 – A free people should be governed by law and not by the whims of men. “The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of laws, where there is no law there is no freedom. For liberty is to be free from restraint and violence of others, which cannot be where there is no law.” – John Locke

Principle 23 – A free society cannot survive as a republic without a broad program of general education. “They made an early provision by law that every town consisting of so many families should be always furnished with a grammar school. They made it a crime for such a town to be destitute of a grammar schoolmaster for a few months, and subjected it to a heavy penalty. So that the education of all ranks of people was made the care and expense of the public, in a manner that I believe has been unknown to any other people, ancient or modern. The consequences of these establishments we see and feel every day [written in 1765]. A native of America who cannot read and write is as rare … as a comet or an earthquake.” John Adams

Principle 24 – A free people will not survive unless they stay strong. “To be prepared for war is one of the most effectual means of preserving peace.” – George Washington

Principle 25 – “Peace, commerce, and honest friendship with all nations — entangling alliances with none.” – Thomas Jefferson, given in his first inaugural address.

Principle 26 – The core unit which determines the strength of any society is the family; therefore the government should foster and protect its integrity. “There is certainly no country in the world where the tie of marriage is more respected than in America, or where conjugal happiness is more highly or worthily appreciated.” Alexis de Tocqueville

Principle 27 – The burden of debt is as destructive to human freedom as subjugation by conquest. “We are bound to defray expenses [of the war] within our own time, and are unauthorized to burden posterity with them…. We shall all consider ourselves morally bound to pay them ourselves and consequently within the life [expectancy] of the majority.” – Thomas Jefferson

Principle 28 – The United States has a manifest destiny to eventually become a glorious example of God’s law under a restored Constitution that will inspire the entire human race. The Founders sensed from the very beginning that they were on a divine mission. Their great disappointment was that it didn’t all come to pass in their day, but they knew that someday it would. John Adams wrote: “I always consider the settlement of America with reverence and wonder, as the opening of a grand scene and design in Providence for the illumination of the ignorant, and the emancipation of the slavish part of mankind all over the earth.”

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Examining 28 Founding Fathers Principles

John R. Houk

© July 1, 2015

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28 Fundamental Principles of the Founding Fathers

 

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