Re: Government churches should be constitutionally rabid

[EMAIL PROTECTED] (M. Clark) wrote:

>:|It is Jefferson's church/state separation words that are always quoted.
>:|Jefferson is explicitly credited with these words in the SC's Everson v.
>:|Board of Education opinion.  But the Court has evidently wrongly
>:|understood Jefferson to be referring to both Federal and State
>:|governments.
>:|
>:|M. Clark

How the Everson Court actually defined the Establishment Clause was as
follows:

The "establishment of religion" clause of the First Amendment means at
least this: neither a state nor the Federal Government can set up a church.
Neither can pass laws which aid one religion, aid all religions, or prefer
one religion over another. Neither can force nor influence a person to go
to or to remain away from church against his will or force him to profess a
belief or disbelief in any religion. No person can be punished for
entertaining [p*16] or professing religious beliefs or disbeliefs, for
church attendance or non-attendance. No tax in any amount, large or small,
can be levied to support any religious activities or institutions, whatever
they may be called, or whatever form they may adopt to teach or practice
religion. Neither a state nor the Federal Government can, openly or
secretly, participate in the affairs of any religious organizations or
groups, and vice versa. In the words of Jefferson, the clause against
establishment of religion by law was intended to erect "a wall of
separation between church and State." Reynolds v. United States, supra, at
164.
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It can be added the all 9 justices were in agreement on this definition.

It also cited, considered  and provided in full the following in
Appendixes:
James Madison's  MEMORIAL AND REMONSTRANCE 
AGAINST  RELIGIOUS ASSESSMENTS

AND The bill sponsored and supported by Patrick Henry  A BILL 
ESTABLISHING A PROVISION FOR TEACHERS   OF THE 
CHRISTIAN RELIGION which Madison got defeated in the Virginia General
Assembly and passed in it's place Jefferson's Bill for religious freedom. 

Thus, the rationale they used didn't just rely on Jefferson's letter
containing the metaphor.

Everson v. Bd of Ed defined the Establishment Clause.
Here are the legal and historical footnotes that the court used to pen the
definition:
FOOTNOTES TO EVERSON  v. BD OF ED.
http://snurl.com/2pro