Madison used the same word "principle," in his "Detached Memoranda," when he wrote: "Is the appointment of chaplains to the two houses of Congress consistent with the Constitution, and with the pure principle of religious freedom?" He answered his own question: "The establishment of the chaplainship to Congress is a palpable violation of equal rights, as well as of constitutional principles" (William and Mary Quarterly, 3:555).
"No religious test" and "no law respecting an establishment of religion" set forth the principle of "separation between Religion and Government" (James Madison). The principle established by the Constitution's religion commandments is voluntarism in matters of religion. In America religion is to be freely exercised, not established by law or Congress or (thanks to the Fourteenth Amendment) government at any level, whether state, city, county, township, or school board.
Gene Garman, M.Div.
America's Real Religion
www.americasrealreligion.org
Douglas Laycock wrote:
It depends on your definition of establish and vestige. Massachusetts, Connecticut, New Hampshire, and Vermont (after admission in 1791) retained tax supported churches and local elections to chose the pastor to get the tax support. They sometimes denied that that was an establishment; John Adams said it was the mildest establishment imaginable; but I thought that now nearly everyone agreed it was an establishment.Other states retained various forms of nonfinancial support for Christianity, or Protestantism, that would not become controversial until the Catholic immigration in the 19th century. It then became apparent that verbal endorsements and similar nonfinancial support for religion caught the government in the middle of religious controversies just as much as financial support, and some Americans drew the conclusion that nonfiancial support for religion also violated the principle set forth in the establishment clause.Douglas LaycockUniversity of Texas Law School727 E. Dean Keeton St.Austin, TX 78705512-232-1341 (phone)512-471-6988 (fax)
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Ed Darrell
Sent: Wednesday, July 27, 2005 1:11 PM
To: Law & Religion issues for Law Academics
Subject: Re: Humpty Dumpty, James Madison, the States and Meaning
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