Re: Assaults on the England language

[Gene Garman]

The First Congress adopted the wording of the First Amendment which prohibited Congress from establishing religion by law. The states approved that wording because they wanted to make sure the national government had no power in respect to religion. By the very wording of the First Amendment, like the other amendments, it was intended to restrict "Congress," not add to its power. "Congress shall make no law respecting an establishment of religion" means just exactly what it says. "Congress" means Congress and "religion" means religion. James Madison, who personally helped draft that wording, merely emphasized that understanding when he wrote, "Strongly guarded ... is the separation between Religion and Government in the Constitution of the United States" ("Detached Memoranda, William and Mary Quarterly, 3:555) and in the same document warned against the danger of encroachments by "ecclesiastical bodies."



 

[EMAIL PROTECTED] wrote:

In a message dated 7/25/2005 2:12:25 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes:

The First Congress separated religion and government by prohibiting Congress from establishing religion by law.

But of course the First Congress did not do this.  They proposed to the States that they do whatever it was that the Establishment Clause accomplished, by propounding amendments to the Constitution.  In turn, the States prohibited Congress from doing whatever it was the EC prohibited Congress from doing. 

 

Jim Henderson

Senior Counsel

ACLJ

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