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Separation of Church and State Home Page |
Vine & Fig Tree's Anti Separation Page |
ARGUMENT ONE: The phrase "separation of church and state" is not found in the Constitution |
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Absolutely true, and absolutely irrelevant. | An astonishing admission. We always suspected that the clear provisions and the Original Intent of the Constitution had little effect on the thinking of separationists, and here we have it on their say-so. |
As noted earlier, separationists take this language from Thomas Jefferson's 1802 letter to the Danbury Baptists in which he
argued that the Constitution created a "wall of separation between church and
state." But, as noted above, separationists have never taken the phrase as anything
more than a handy (if historically significant) summary of the intent of the religion
clauses of the First Amendment. Separationist scholar Leo Pfeffer, for example, notes:
Second, accommodationists don't apply this argument consistently. Pfeffer, for example, observes that:
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Separationists have ripped Jefferson's phrase out of its 18th-century context and turned it into something that not a single person who signed the Constitution would agree with. When polygamists in Utah argued that their religion of multiple-wives was a "private matter," the U.S. Supreme Court disagreed, citing Jefferson, saying that this was a Christian nation where polygamy had always been publicly prohibited. Learn more about the myth of "private religion." Non-separationists are not inconsistent to note that Jefferson's phrase is not in the Constitution. That is simply a yellow light to slow down and notice that the phrase is now being used in a way that would not be supported by a single person who signed the Constitution, and that we are justified to question its use. It would be wrong (unfortunately) to argue that the Post Office is unconstitutional, because it's in the Constitution. Arguing that there should be no "separation of church and state" in not going against the Constitution, because it's not there. |
Rebuttal Page Index | || Arg 1
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