NYBamaFan said:
Nowhere is there a commitment to shelter man from religion, ...
Virginia's proposed Bill of Rights, passed when she adopted the Constitution and joined the Union, stipulated,
inter alia, "That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men have an equal, natural, and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established, by law, in preference to others." I like this wording. I makes the relationship between man, law and God pretty clear. But so that no one would mistake which law they were talking about, the drafters of the actual 1st amendment made clear that this applied only to the Federal Government. ("
Congress shall make no law...")
NYBamaFan said:
... simply to prevent state sponsored religion. In other words, there is no protection that would prevent public prayer or public displays of religion or religious items. Current law in this arena cannot be tied back to the Constitution as read, only as interpreted...
I would only add the "state sponsored religion" in this case means "Federally sponsored religion." But even that was not as cut and dried as the ACLU would have us believe, since the first thing the Congress directed after Washington inauguration was to direct that everyone go to a church service. What the first Congress wanted to do was stop one particular denomination from imposing itself nationwide via the Federal Government. Several States had esiction, not by force or violence; and therefore all men have an equal, natural, and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular religious sect or society ought to be favored or established, by law, in preference to others." I like this wording. I makes the relationship between man, law and God pretty clear. But so that no one would mistake which law they were talking about, the drafters of the actual 1st amendment made clear that this applied only to the Federal Government. ("
Congress shall make no law...")
NYBamaFan said:
... simply to prevent state sponsored religion. In other words, there is no protection that would prevent public prayer or public displays of religion or religious items. Current law in this arena cannot be tied back to the Constitution as read, only as interpreted...
I would only add the "state sponsored religion" in this case means "Federally sponsored religion." But even that was not as cut and dried as the ACLU would have us believe, since the first thing the Congress directed after Washington inauguration was to direct that everyone go to a church service. What the first Congress wanted to do was stop one particular denomination from imposing itself nationwide via the Federal Government. Several States had established Churches at the time that they ratified the First Amendment, and for some time thereafter. Obviously the people who ratified the First Amendment did not have any problem maintaining their State's established religion while voting to deny the Federal Government the power to have its own. The establishment clause only came to be applied to State actions much later on.
And, no, I don't think that the President-elect opening his inauguration ceremony with a prayer counts as a Federally established religion. If a muslim were elected and opened with a muslim prayer, I am confident enough in my beliefs that I would stand quietly and respectfully while he went through whatever muslim prayer his imam thought was appropriate, or I would not attend the ceremony.