| Topic: |
Religions > Atheism |
| User: |
"" |
| Date: |
08 Feb 2006 09:36:12 AM |
| Object: |
Church and State: Where is the Line of Separation? |
http://www.voanews.com/english/NewsAnalysis/2006-02-07-voa47.cfm
[excerpt]
Church and State: Where is the Line of Separation?
By Jela De Franceschi
Washington, D.C.
07 February 2006
With the swearing in of Samuel Alito, Jr. to the Supreme Court of the
United States, some observers say the nation's highest court may decide
many cases from a conservative viewpoint, particularly cases involving
religion. Many religious conservatives want to preserve Christianity in
American public life, but others are concerned about safeguarding the
principle of the separation of church and state.
Is the line blurred?
It all began in 1947. Proposals were pending in the U.S. Congress to extend
state aid to religious schools, while the Supreme Court was preparing to
rule in its first major case on the separation of church and state,
involving a local school district and a private Catholic school.
Phillip Vincent Munoz is Professor of Constitutional Law and Church-State
Law at Tufts University in Massachusetts. He says, "Smith Everson vs. Board
of Education involved a very obscure issue of the state district in New
Jersey paying the transportation for kids going to a Catholic school. And
the big deal was that for the first time, the Supreme Court of the United
States said the First Amendment establishment clause erects a wall of
separation between church and state. And ever since 1947, there's been just
a raging debate in America on what exactly does the wall separate."
[snip]
Marcia Hamilton is professor of constitutional law at Yeshiva University in
New York and author of the book: God vs. the Gavel: Religion and the Rule
of Law. She says religion and society often work at cross-purposes, which
was not the intention of the Framers of the U.S. Constitution.
Professor Hamilton says, "We are definitely in a battle right now. One side
argues that the separation of church and state is the wrong way to think
about it, that the establishment clause is about government suppressing
religion. The other side argues that, no, the establishment clause is
really about finding the right balance between two centers of power in the
society."
Professor Hamilton adds that the separation of church and state is so
important to American public life that it will be preserved. Most observers
also contend that Americans, of whom a vast majority believes in God,
remain exactly where Thomas Jefferson said they were in 1802. They want
religion safeguarded, but not to have it forced upon anyone.
[end excerpt]
***************************************************************
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS · Hampton Roads [Virginia] SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
[Its not just Hampton Roads folks who are members, there are members from
all over the US and a couple from overseas as well]
***************************************************************
.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
****************************************************************
USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future;
facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good
many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the
plethora of radical Christian propaganda and lies that we find at
almost every media turn.
*****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
****************************************************************
.
|
|
| User: "fred" |
|
| Title: Re: Church and State: Where is the Line of Separation?; fails 10th A. test |
08 Feb 2006 02:02:46 PM |
|
|
wrote:
http://www.voanews.com/english/NewsAnalysis/2006-02-07-voa47.cfm
[excerpt]
Church and State: Where is the Line of Separation?
By Jela De Franceschi
Washington, D.C.
07 February 2006
With the swearing in of Samuel Alito, Jr. to the Supreme Court of the
United States, some observers say the nation's highest court may decide
many cases from a conservative viewpoint, particularly cases involving
religion. Many religious conservatives want to preserve Christianity in
American public life, but others are concerned about safeguarding the
principle of the separation of church and state.
Is the line blurred?
It all began in 1947. Proposals were pending in the U.S. Congress to exte=
nd
state aid to religious schools, while the Supreme Court was preparing to
rule in its first major case on the separation of church and state,
involving a local school district and a private Catholic school.
Phillip Vincent Munoz is Professor of Constitutional Law and Church-State
Law at Tufts University in Massachusetts. He says, "Smith Everson vs. Boa=
rd
of Education involved a very obscure issue of the state district in New
Jersey paying the transportation for kids going to a Catholic school. And
the big deal was that for the first time, the Supreme Court of the United
States said the First Amendment establishment clause erects a wall of
separation between church and state. And ever since 1947, there's been ju=
st
a raging debate in America on what exactly does the wall separate."
There is no blurr concerning the line of separation. If people would
quit bickering about what the establishment clause means and read the
10th A. they'd see that the founding States reserved certain powers
uniquely for the state governments. Given the 1st A. prohibits only
Congress (federal government, aka United States) from making religious
laws, the 10th automatically reserved this power uniquely for the
States.
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.
10th Amendment: 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.
The States have the constitutional power (10th) to authorize public
schools to lead non-mandatory (14th) classroom discussions on the pros
and cons of evolution, creationism and irreducible complexity, for
example, regardless that atheists, separationists, secular judges and
the liberal media are misleading people to think that such things are
unconstitutional.
[snip]
Marcia Hamilton is professor of constitutional law at Yeshiva University =
in
New York and author of the book: God vs. the Gavel: Religion and the Rule
of Law. She says religion and society often work at cross-purposes, which
was not the intention of the Framers of the U.S. Constitution.
Professor Hamilton says, "We are definitely in a battle right now. One si=
de
argues that the separation of church and state is the wrong way to think
about it, that the establishment clause is about government suppressing
religion. The other side argues that, no, the establishment clause is
really about finding the right balance between two centers of power in the
society."
Professor Hamilton adds that the separation of church and state is so
important to American public life that it will be preserved. Most observe=
rs
also contend that Americans, of whom a vast majority believes in God,
remain exactly where Thomas Jefferson said they were in 1802. They want
religion safeguarded, but not to have it forced upon anyone.
[end excerpt]
***************************************************************
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS =B7 Hampton Roads [Virginia] SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
[Its not just Hampton Roads folks who are members, there are members from
all over the US and a couple from overseas as well]
***************************************************************
. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why =
"a
page of history is worth a volume of logic." New York Trust Co. v. Eisne=
r,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
. . .
****************************************************************
USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future;
facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good
many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the
plethora of radical Christian propaganda and lies that we find at
almost every media turn.
*****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
****************************************************************
.
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