Where is the term Separation of Church and state from?

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  • 1 decade ago
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    A letter Thomas Jefferson wrote to the Danbury Baptists....

    The Separation of Church and State

    by David Barton

    In 1947, in the case Everson v. Board of Education, the Supreme Court declared, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” The “separation of church and state” phrase which they invoked, and which has today become so familiar, was taken from an exchange of letters between President Thomas Jefferson and the Baptist Association of Danbury, Connecticut, shortly after Jefferson became President.

    The election of Jefferson-America’s first Anti-Federalist President-elated many Baptists since that denomination, by-and-large, was also strongly Anti-Federalist. This political disposition of the Baptists was understandable, for from the early settlement of Rhode Island in the 1630s to the time of the federal Constitution in the 1780s, the Baptists had often found themselves suffering from the centralization of power.

    Consequently, now having a President who not only had championed the rights of Baptists in Virginia but who also had advocated clear limits on the centralization of government powers, the Danbury Baptists wrote Jefferson a letter of praise on October 7, 1801, telling him:

    Among the many millions in America and Europe who rejoice in your election to office, we embrace the first opportunity . . . to express our great satisfaction in your appointment to the Chief Magistracy in the United States. . . . [W]e have reason to believe that America’s God has raised you up to fill the Chair of State out of that goodwill which He bears to the millions which you preside over. May God strengthen you for the arduous task which providence and the voice of the people have called you. . . . And may the Lord preserve you safe from every evil and bring you at last to his Heavenly Kingdom through Jesus Christ our Glorious Mediator.1

    However, in that same letter of congratulations, the Baptists also expressed to Jefferson their grave concern over the entire concept of the First Amendment, including of its guarantee for “the free exercise of religion”:

    Our sentiments are uniformly on the side of religious liberty: that religion is at all times and places a matter between God and individuals, that no man ought to suffer in name, person, or effects on account of his religious opinions, [and] that the legitimate power of civil government extends no further than to punish the man who works ill to his neighbor. But sir, our constitution of government is not specific. . . . [T]herefore what religious privileges we enjoy (as a minor part of the State) we enjoy as favors granted, and not as inalienable rights. 2

    In short, the inclusion of protection for the “free exercise of religion” in the constitution suggested to the Danbury Baptists that the right of religious expression was government-given (thus alienable) rather than God-given (hence inalienable), and that therefore the government might someday attempt to regulate religious expression. This was a possibility to which they strenuously objected-unless, as they had explained, someone’s religious practice caused him to “work ill to his neighbor.”

    Jefferson understood their concern; it was also his own. In fact, he made numerous declarations about the constitutional inability of the federal government to regulate, restrict, or interfere with religious expression. For example:

    [N]o power over the freedom of religion . . . [is] delegated to the United States by the Constitution.Kentucky Resolution, 1798 3

    In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the general [federal] government. Second Inaugural Address, 1805 4

    [O]ur excellent Constitution . . . has not placed our religious rights under the power of any public functionary. Letter to the Methodist Episcopal Church, 1808 5

    I consider the government of the United States as interdicted [prohibited] by the Constitution from intermeddling with religious institutions . . . or exercises. Letter to Samuel Millar, 1808 6

    Jefferson believed that the government was to be powerless to interfere with religious expressions for a very simple reason: he had long witnessed the unhealthy tendency of government to encroach upon the free exercise of religion. As he explained to Noah Webster:

    It had become an universal and almost uncontroverted position in the several States that the purposes of society do not require a surrender of all our rights to our ordinary governors . . . and which experience has nevertheless proved they [the government] will be constantly encroaching on if submitted to them; that there are also certain fences which experience has proved peculiarly efficacious [effective] against wrong and rarely obstructive of right, which yet the governing powers have ever shown a disposition to weaken and remove. Of the first kind, for instance, is freedom of religion. 7

    Thomas Jefferson had no intention of allowing the government to limit, restrict, regulate, or interfere with public religious practices. He believed, along with the other Founders, that the First Amendment had been enacted only to prevent the federal establishment of a national denomination-a fact he made clear in a letter to fellow-signer of the Declaration of Independence Benjamin Rush:

    [T]he clause of the Constitution which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes and they believe that any portion of power confided to me will be exerted in opposition to their schemes. And they believe rightly. 8

    Jefferson had committed himself as President to pursuing the purpose of the First Amendment: preventing the “establishment of a particular form of Christianity” by the Episcopalians, Congregationalists, or any other denomination.

    Since this was Jefferson’s view concerning religious expression, in his short and polite reply to the Danbury Baptists on January 1, 1802, he assured them that they need not fear; that the free exercise of religion would never be interfered with by the federal government. As he explained:

    Gentlemen,-The affectionate sentiments of esteem and approbation which you are so good as to express towards me on behalf of the Danbury Baptist Association give me the highest satisfaction. . . . Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of government reach actions only and 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 and State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association assurances of my high respect and esteem. 9

    Jefferson’s reference to “natural rights” invoked an important legal phrase which was part of the rhetoric of that day and which reaffirmed his belief that religious liberties were inalienable rights. While the phrase “natural rights” communicated much to people then, to most citizens today those words mean little.

    By definition, “natural rights” included “that which the Books of the Law and the Gospel do contain.” 10 That is, “natural rights” incorporated what God Himself had guaranteed to man in the Scriptures. Thus, when Jefferson assured the Baptists that by following their “natural rights” they would violate no social duty, he was affirming to them that the free exercise of religion was their inalienable God-given right and therefore was protected from federal regulation or interference.

    So clearly did Jefferson understand the Source of America’s inalienable rights that he even doubted whether America could survive if we ever lost that knowledge. He queried:

    And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath? 11

    Jefferson believed that God, not government, was the Author and Source of our rights and that the government, therefore, was to be prevented from interference with those rights. Very simply, the “fence” of the Webster letter and the “wall” of the Danbury letter were not to limit religious activities in public; rather they were to limit the power of the government to prohibit or interfere with those expressions.

    Earlier courts long understood Jefferson’s intent. In fact, when Jefferson’s letter was invoked by the Supreme Court (only twice prior to the 1947 Everson case-the Reynolds v. United States case in 1878), unlike today’s Courts which publish only his eight-word separation phrase, that earlier Court published Jefferson’s entire letter and then concluded:

    Coming as this does from an acknowledged leader of the advocates of the measure, it [Jefferson’s letter] may be accepted almost as an authoritative declaration of the scope and effect of the Amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach actions which were in violation of social duties or subversive of good order. (emphasis added) 12

    That Court then succinctly summarized Jefferson’s intent for “separation of church and state”:

    [T]he rightful purposes of civil government are for its officers to interfere when principles break out into overt acts against peace and good order. In th[is] . . . is found the true distinction between what properly belongs to the church and what to the State. 13

    With this even the Baptists had agreed; for while wanting to see the government prohibited from interfering with or limiting religious activities, they also had declared it a legitimate function of government “to punish the man who works ill to his neighbor.”

    That Court, therefore, and others (for example, Commonwealth v. Nesbit and Lindenmuller v. The People ), identified actions into which-if perpetrated in the name of religion-the government did have legitimate reason to intrude. Those activities included human sacrifice, polygamy, bigamy, concubinage, incest, infanticide, parricide, advocation and promotion of immorality, etc.

    Such acts, even if perpetrated in the name of religion, would be stopped by the government since, as the Court had explained, they were “subversive of good order” and were “overt acts against peace.” However, the government was never to interfere with traditional religious practices outlined in “the Books of the Law and the Gospel”-whether public prayer, the use of the Scriptures, public acknowledgements of God, etc.

    Therefore, if Jefferson’s letter is to be used today, let its context be clearly given-as in previous years. Furthermore, earlier Courts had always viewed Jefferson’s Danbury letter for just what it was: a personal, private letter to a specific group. There is probably no other instance in America’s history where words spoken by a single individual in a private letter-words clearly divorced from their context-have become the sole authorization for a national policy. Finally, Jefferson’s Danbury letter should never be invoked as a stand-alone document. A proper analysis of Jefferson’s views must include his numerous other statements on the First Amendment.

    For example, in addition to his other statements previously noted, Jefferson also declared that the “power to prescribe any religious exercise. . . . must rest with the States” (emphasis added). Nevertheless, the federal courts ignore this succinct declaration and choose rather to misuse his separation phrase to strike down scores of State laws which encourage or facilitate public religious expressions. Such rulings against State laws are a direct violation of the words and intent of the very one from whom the courts claim to derive their policy.

    One further note should be made about the now infamous “separation” dogma. The Congressional Records from June 7 to September 25, 1789, record the months of discussions and debates of the ninety Founding Fathers who framed the First Amendment. Significantly, not only was Thomas Jefferson not one of those ninety who framed the First Amendment, but also, during those debates not one of those ninety Framers ever mentioned the phrase “separation of church and state.” It seems logical that if this had been the intent for the First Amendment-as is so frequently asserted-then at least one of those ninety who framed the Amendment would have mentioned that phrase; none did.

    In summary, the “separation” phrase so frequently invoked today was rarely mentioned by any of the Founders; and even Jefferson’s explanation of his phrase is diametrically opposed to the manner in which courts apply it today. “Separation of church and state” currently means almost exactly the opposite of what it originally meant.

    Endnotes:

    1. Letter of October 7, 1801, from Danbury (CT) Baptist Association to Thomas Jefferson, from the Thomas Jefferson Papers Manuscript Division, Library of Congress, Washington, D. C.

    2. Id.

    3. The Jeffersonian Cyclopedia, John P. Foley, editor (New York: Funk & Wagnalls, 1900), p. 977; see also Documents of American History, Henry S. Cummager, editor (NY: Appleton-Century-Crofts, Inc., 1948), p. 179.

    4. Annals of the Congress of the United States (Washington: Gales and Seaton, 1852, Eighth Congress, Second Session, p. 78, March 4, 1805; see also James D. Richardson, A Compilation of the Messages and Papers of the Presidents, 1789-1897 (Published by Authority of Congress, 1899), Vol. I, p. 379, March 4, 1805.

    5. Thomas Jefferson, Writings of Thomas Jefferson, Albert Ellery Bergh, editor (Washington D. C.: The Thomas Jefferson Memorial Association, 1904), Vol. I, p. 379, March 4, 1805.

    6. Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor (Boston: Gray and Bowen, 1830), Vol. IV, pp. 103-104, to the Rev. Samuel Millar on January 23, 1808.

    7. Jefferson, Writings, Vol. VIII, p. 112-113, to Noah Webster on December 4, 1790.

    8. Jefferson, Writings, Vol. III, p. 441, to Benjamin Rush on September 23, 1800.

    9. Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802.

    10. Richard Hooker, The Works of Richard Hooker (Oxford: University Press, 1845), Vol. I, p. 207.

    11. Thomas Jefferson, Notes on the State of Virginia (Philadelphia: Matthew Carey, 1794), Query XVIII, p. 237.

    12. Reynolds v. U. S., 98 U. S. 145, 164 (1878).

    13. Reynolds at 163.

  • P P
    Lv 5
    1 decade ago

    Thomas Jefferson

  • eri
    Lv 7
    1 decade ago

    A letter Jefferson wrote. It's also in the constitution, but not in as many words. There, it requires reading comprehension skills - it says 'the government shall pass no law respecting the establishment of a religion, or permitting the free exercise thereof' - which basically mean that religion can do it's thing and the gov't won't interfere, but the gov't also will not endorse any one religion. There's your seperation.

  • 1 decade ago

    The U.S. Constitution states:

    Amendment I

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

    The U.S. Congress introduces new laws. The above means the U.S. government is prohibited from establishing ANY type of national religion mandated to be followed by the inhabitants of the USA or it's territories.

    It also means inhabitants are FREE to practice ANY type of religion they desire.....no matter how kooky it may seem to others.

    Source(s): U.S. Constitution.
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  • 1 decade ago

    Thomas Jefferson had written it to a leader in the baptist church. It was to say that government should not control the church like it did in England, so to speak.

  • Anonymous
    1 decade ago

    Some of the Religious people who came here.

    Some of the Congregationalists.

    Some of the Presbyterians.

    Some of the Pilgrams. Some of the Puritans.

  • Anonymous
    1 decade ago

    A letter that was written by Thomas Jefferson. It is absolutely nowhere in the Constitution.

  • 1 decade ago

    personal letters of Thomas Jefferson

  • 1 decade ago

    http://en.wikipedia.org/wiki/Separation_of_church_...

    "...the idea that the original intention of the First Amendment was to guarantee religion the freedom to exist without government influence..."

  • 1 decade ago

    Overview of the principle

    In the United States, separation of church and state is sometimes believed to be in the Establishment Clause of the First Amendment to the U.S. Constitution and by legal precedents interpreting that clause, some being extremely controversial. The Establishment Clause states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" However, the U.S. Supreme Court decided that the Fourteenth Amendment (one of the Reconstruction Amendments) makes the Establishment Clause and other portions of the Bill of Rights binding on state and local governments as well, although it is arguable that this restriction on state and local government existed in Article VI of the unamended Constitution and that the Fourteenth Amendment was a clarification on the limitation of government power. Many other democratic governments around the world have similar clauses in their respective constitutions.

    The phrase "separation of church and state" does not appear in the Constitution, but rather is derived from a letter written by Thomas Jefferson to a group identifying themselves as the Danbury Baptists. In that letter, quoting the First Amendment of the United States Constitution, he writes: "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 and State." Letter to Danbury Baptists (1802)

    While Jefferson's letter is often cited by separationists to prove that the original intent of the First Amendment was complete separation of church and state, anti-separationists either consider it irrelevant or might say that it supports the idea that the original intention of the First Amendment was to guarantee religion the freedom to exist without government influence, and say that it makes no mention of government being wholly separate from all religious activity. Anti-separationists also point to the fact that Thomas Jefferson was not in America during the constitutional convention, but in France as the American ambassador. This is supported by Federal Government decisions on the matter, such as Supreme court case Vidal v. Philadelphia, as well as Federal Government's past involvement in printing Bibles, and using the Bible as a textbook in public schools.

    James Madison, the principal drafter of the Bill of Rights, often wrote of "total separation of the church from the state" (1819 letter to Walsh). "Strongly guarded . . . is the separation between religion and government in the Constitution of the United States," Madison wrote, and he declared, "practical distinction between Religion and Civil Government as essential to the purity of both, and as guaranteed by the Constitution of the United States" (1811 letter to Baptist Churches). Ulysses S. Grant also called for Americans to "Keep the church and state forever separate."

    The belief that religious and state institutions should be separate covers a wide spectrum, ranging between one extreme which would secularize or eliminate the church, and theocracy, in which the government is an affiliate of the church. Some secularists believe that the state should be kept entirely separate from religion, and that the institutions of religion should be entirely free from governmental interference. Churches that exercise their authority completely apart from government endorsement, whose foundations are not in the state, are conventionally called "Free" churches.

    A secular government does not cite a specific religious institution for the justification of its authority. However, some secular governments claim quasi-religious justifications for their powers, emphasizing the relationship mainly for ceremonial and rhetorical purposes. This is done for the general welfare and the benefit of the state, does not necessarily favor any specific religious group, and the state does not conform to any doctrine other than its own. This arrangement is called civil religion. Some secularists would allow the state to encourage religion (such as by providing exemptions from taxation, or providing funds for education and charities, including those that are "faith based"), but insist the state should not establish one religion as the state religion, require religious observance, or legislate dogma.

    Some countries embrace a middle position, a compromise between secular and religious government. In these countries the state uses the powers of government to directly support a specific religious institution or established church. In Turkey, for example, despite it being an officially secular country, the Preamble of the Constitution states that "There shall be no interference whatsoever of the sacred religious feelings in State affairs and politics." In order to control the way religion is perceived by adherents, the State pays imams' wages, and provides religious education in public schools (article 24 of that country's Constitution). The State has a Department of Religious Affairs (article 136 of the Constitution), directly under the Prime Minister bureaucratically, responsible for organizing the Muslim religion - including what will and will not be mentioned in sermons given at mosques, especially on Fridays. Such an interpretation of secularism, where religion is under strict control of the State is largely at odds with the Free Exercise Clause of the First Amendment of the U.S. Constitution, and is a good example of how secularism can be applied in a variety of ways in different regions of the world.

    A theocracy exists when a religion establishes the government and religious law is applied to state policy under the direct authority of the religious institution. In a theocracy, the courts or officials of the religion direct policies of the civil government.

    The separation of church and state is similar to the concept of freedom of religion, but the two concepts are not the same. For example, the citizens in a country with a state church may have complete freedom of religion. And citizens in a country without a state church may or may not enjoy the freedom to practice their religion. In the United States, the structure and wording of the First Amendment with both the Establishment Clause and the Free Exercise Clause, demonstrates this difference. Both clauses have evolved an important body of case law from the U.S. Supreme Court as well as lower federal courts.

    While many states or nations permit freedom of religious belief, no country allows completely unrestricted freedom of religious practice. National laws, when they reflect important or fundamental governmental interests, may prohibit certain acts which some citizens may claim represent the free exercise of their religious belief.

    In the United States, state laws can prohibit practices such as bigamy, sex with children, human and occasionally animal sacrifice, use of drugs, or other criminal acts, even if citizens claim the practices are part of their religious belief system. However, the federal courts give close scrutiny to any state or local laws that impinge upon the bona fide exercise of religious practices. The courts ensure that genuine and important religious rights are not impeded, and that questionable practices are limited only to the extent necessary. The courts usually demand that any laws restricting religious practices must demonstrate a fundamental or "compelling" state interest, such as protecting citizens from bodily harm.

  • Anonymous
    1 decade ago

    Sanity and insanity

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