Ros writes:
Quote:This is a bit of a different discussion; interpreting the constitution. This particular discussion has been going on for a couple hundred years, and can be followed in documents originating with our founders. One document in particular by Thomas Jefferson, is the document which mentions the Wall of Separation between Church and State. It is upon this document and others, as well as new legal precidents, that the basis for constitutional interpretation derives.
Actually I think it isn't a different discussion as in this thread, the basis everybody uses for dropping "under God" from the Pledge is based on a 'constiutional' provision of separation of Church and State. There was no such provision I believe until Hugo Black incorporated Jefferson's metaphor of the "wall between Church and State" into an opinion: Everson v Board of Education 1947 and it has escalated from there.
In Connecticutt, the minority Danbury Baptists had supported Jefferson mostly because of his unfaltering commitment to religious liberty. When they were under seige from the much larger Congregationalists, Jefferson wrote to the Baptists:
"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ""make no law respecting an establishment of religion, or prohibiting the free exercise thereof,"" thus building a wall of separation between Church & State."
From other of my source material:
"Jefferson''s wall, according to (modern) conventional wisdom, represents a universal principle on the prudential and constitutional relationship between religion and the civil state. To the contrary, this wall had less to do with the separation between religion and all civil government than with the separation between federal and state governments on matters pertaining to religion (such as official proclamations of days of prayer, fasting, and thanksgiving). The ""wall of separation"" was a metaphoric construction of the First Amendment, which Jefferson time and again said imposed its restrictions on the federal government only (see, for example, Jefferson''s 1798 draft of the Kentucky Resolutions). In other words, the wall separated the federal regime on one side from state governments and religious authorities on the other."--Daniel L. Dreisbach.
I personally think Jefferson would roll over in his grave if he knew that the law now prohibited a moment of silence for prayer in the classroom or even anything as innocuous as the Ten Commandments from being hung on a classroom wall. He would certainly be horrified to think that the federal government was attempting to keep school children from reciting a simple "under God". That was never his intent or any of the other framers of the Constitution, even those purported to be athiest.
I am one who does not believe the Supreme Court is god and not ever to be questioned or challenged. Sometimes they do get it wrong.