To assume all the words of the Constitution are indefinite in meaning is a faulty dilemma. For example, it is obvious Ten Commandments monuments are religion monuments regardless of the not even close to "strict constructionist" arguments presented by the majority in Van Orden v. Perry.
Gene Garman, M.Div.
America's Real Religion
www.americasrealreligion.org
Steven Jamar wrote:
On Jul 25, 2005, at 6:07 PM, Gene Garman wrote:
Words mean things or the Constitution is nothing more than a blank piece of paper.
This is a faulty dilemma. Of course words mean things. But they are not so hard-edged and clear as to be incapable of multiple meanings and there are always things that need interpretation.
As to "respecting establishment" -- that is very hard -- does it mean just cannot establish a religion or does it mean that it cannot pass any law that would favor any sort of religious activity as well as many other possible meanings.
These phrases have meaning that is a core meaning that we all (or nearly all) agree upon. But as one moves from that core, the reach of the terms becomes less clear.
Steve
The wording of the religion commandments of the Constitution are very specific:
1. "No religious test shall ever be required as a qualification to any office or public trust under the United States" (Art. 6., Sec. 3.).
2. "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof" (First Amendment).
What part of "no religious test shall ever be required" or "Congress shall make no law respecting an establishment of religion" is difficult to understand?
James Madison, Jr., as "Father of the Constitution" and a member of the six member Senate-House Conference committee, in the First Congress, which drafted the final version of the First Amendment, is a primary source authority as to the meaning of those words. For starters, I suggest reading his "Detached Memoranda," in which he wrote "Strongly guarded ... is the separation between Religion and Government in the Constitution of the United States," William and Mary Quarterly, 3:555. Then, read his February 21 and 28, 1811, veto messages to Congress, relating to unconstitutional religion bills passed by Congress. Madison will tell you, for example, that the religion commandments were intended to include more than just "a national religion" or a state church.
Gene Garman, M.Div.
America's Real Religion
www.americasrealreligion.org
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