No Affiliation Alliance

The Separation of Church from State

To understand the principal it is necessary to understand the circumstance that brought about the act. It is true that the settlers that emigrated from Europe were dissidence escaping either political or religious persecution. The separation of the judiciary and the creation of limited government powers was the means of checking unlimited powers. The two both intertwined with the other require explanation in deep detail and therefore will involve separate research.

The misconception of the separation of powers is the failure of the modern education system that in the 1960’s decided that all American history before the Federal Conventions be taught as extracurricular and not a mandatory part of teaching about the foundation of the American system of limited government. In comparison teaching history after the federal conventions is equal to reading a book beginning in the middle. Even to assume that reading the original documents without understanding the notion behind state church will also draw wrong conclusions to the purpose.

The separation of Church from State began long before the settlement of American colonies. The resistance was the monarchy that received its power of divine arbitrator from the church with the two institutions being synonymous. Commute to the New Found Land was not a gift – it was exile. Columbus was not intent on discovering new peoples or land, but finding a more direct route to India. Initially the separation of Church from State was the Atlantic Ocean. Exile to the America’s was twofold –for the European monarchy it was the riddance of controversial religious belief and political rivalry but to the exiled it was bliss to the worshipers of contrary belief in creation to practice their religion.

The separation of Church from State was to end the state authority from acting in behave of a designated church of power in collecting taxes from smaller churches to practice their variation of worship. In the beginnings of the colonies all churches was Christian with exceptions – Methodist and Baptist. Prior to the repeal of state church (referred to as the Kings religion which was protestant) these two religious groups were not accepted as being part of Christian faith.

Also the local authority could force a citizen to move beyond the township limits for not going to church or paying tax to the church. If a merchant or property owner was accused by the state church of an act against the church their property would be confiscated and become the property of the state church enforced by the government authority without due process.

We are all familiar with the Salem Witch trials and this is the ultimate reason for the separation of Church from State. When the head of the church is also the judiciary their decisions are measured by the enforcement of scripture rather than upon the evidence. So separation of church from State is not only regarding the enforcement of law and tax but also is in the decision of moral principal. For the government to enforce the separation of Church from State it must remain completely neutral in its judgments and enforcement.Today the courts enforcement of state endorsement of political correctness is the enforcement of a civil preference to moral structure and is atheist in the removal of God and contrary to establish religious doctrine.

Up until 1954 the court maintained a “no opinion” status in regards to religion and mode of worship but since then has meddled in the very core of American society and began to enforce an atheist perception towards the practice of religion. This is because the misconception to nationalist is that the right to worship is established by the First Amendment of the Federal Constitution – this assumption is wrong! The establishment of freedom to worship comes from the state constitutions.

The details stating the perimeters to maintain the separation of Church from State are clearly listed in these first constitutions. There is no need for the Supreme Court at state or federal level to improvise an interpretation on First Amendment rights- they only need to refer to the original documents that established the intent, limits, and purpose of the division of departments especially the separation of Church from State.

One of the most significant parts of the original documents establishing American government form are the Declaration of Rights. In these documents of various states established the exact performance required by the state and the church to retain a clear separation of the two institutions. The following excerpts are taken from these original documents and though the constitutions may be dated the intent and description setting perimeters is perpetual and eternal because these descriptions were not just mere ideals they were ratified to law as part of these constitutions meaning it would require another constitutional amendment to change the original intent of the law.

The meaning of our First Amendment rights is not the jurisdiction of the Supreme Court but is the jurisdiction of the states. As you will see; Public display of religion is to be promoted by the government as long as the cost is bore exclusively to the parishioners and community and not a provision from the state. Use of public land can be used for the prescription of moral faith. The ideal of God and creation to include any atheist contest that creation is but an anomaly of chance and circumstance can neither be supported or denied by any government department. The Bill of Rights designates religion as it does the right to bear arms directly to the people.

In the first constitutions the beginning of separation of church and state began to develop by first establishing the freedom to worship. This was accomplished by removing the church authority from the process of making law. This separation of the church from the local legislatures was endorsed by individuals and smaller congregation churches, because with the exception of Rhode Island, Delaware, New Jersey, and Pennsylvania each of the colonies had a designated state religion. The original intent of religious liberty was to guarantee;

• All citizens had the right to worship in their own way
• People could not be forced to attend or to support financially any church or religion by the state.
• That administration of laws would be equal regardless of belief.
• That religion could not be used to pose a threat to the community or others.
• And that religion was not an exemption to disregard civil law.

The commitment to religious freedom prevailed throughout the resistance to oppressive government, and as the state constitutions evolved so did the liberty for religious worship. During this time some of the framers believed that government financial aid was an obligation to religion, but by 1788 and the ratification of the First Amendment it became clear that the majority believed that the United States Government under the new constitution should remain independent from religion. For this reason federal constitution was expressed without regard to religion or reference to creation. The jurisdictional authority of civil liberties was to remain a state discretion, and was a condition demanded by the states which refrained from ratifying the United States Constitution until the Bill of Rights was added in 1791.

The separation of jurisdictions between the states and the national government secures to the states the ability to protect the individual choice of worship without the risk of persecution. It also leaves the ability of states to legislate in regards to moral principal as long as it does not require any specific method of religious worship or practice. The removal of church authority did not expect to remove religion completely from the government, which the founders maintained that without moral foundation an official’s ability to decide between right and wrong would be impaired by his greed and ambition.

“In matters of religion, I have considered that its free exercise is placed by the constitution independent of the power of the federal government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it; but have left them, as the constitution found them, under the direction of state or church authorities acknowledged by the several religious societies” (Jefferson’s Second Inaugural Address).

At no time was it considered that the national government or the judiciary be granted the ability to legislate, or to interpret the Bill of Rights of the United States. The constitution’s exclusion to the mention of God, the creator, creation, or Christianity was not an oversight. It was a direct delimitation to prevent any future assumption by the national government to secure authority into this civil jurisdiction. This is why prior to the Fourteenth Amendment the provision of funding public schools was not in violation of the Constitution, and until the Sixteenth Amendment funding for the state was collected and distributed by each state. Then each state paid an apportionment calculated upon property excise tax which then was paid to the national government; so that federal funding of public schools did not occur until 1957.

When the Fourteenth Amendment converted the authority of states to the authority of the federal government it directly challenged the separation of jurisdictions, and undermined the checks in balances these jurisdictional boundaries created. This breach in trust by the judiciary has resulted in a reverse form of religious persecution where instead of the church making laws against individual choices of worship; it is now the private groups making laws that challenge the practice of established religion.

The first constitutions are the original foundation to establishing religious liberty, but are no longer taught in schools at any grade. The miss-conception of religious freedom is that it has become the jurisdiction of the Federal Government when the true meaning of separation of church from state requires the national government to abstain from any opinion of religion in favor of, or against. It is from a no opinion by any government branch that is from where religious liberty is gained and complete separation is maintained.

The original migrations of people coming to this country were exiles forced from their countries of origin because of political and religious differences. Victims of persecution thought the venturing across the dangerous Atlantic Ocean was worth the risk because the decision to remain in Europe would have ended in either imprisonment or execution. To acknowledge this fact is to understand why the separation of church from state is a fundamental part of American society.

The confusion currently is in the judgments of the Supreme Court that have taken a public display of worship as offensive to certain groups and ordered the removal of many forms of public display.

This is the reason I compiled this book. The First Constitutions of the Original Thirteen States is a gathering of the earliest documents of the United States and in this documents are the descriptions and details of the perimeters of the separation.

So by what significant do documents writing more than 240 years ago have on how the government enforces the judgments of the court currently?
I have selected portions of the declaration of rights from these first constitutions to demonstrate that although the First Amendment of the Bill of Rights does not state in detail what the separation is exactly; there are other documents that are still valid to this day that do! And in accordance to the Modality of law written in 1804 by Chief Justice John Marshal for the court to stay within the confines of judging the law; the court must retain itself to the letter of the law and this included the reference to original historical documents to include not only the federalist papers, but also the original constitutions that formed the state governments.

It must be pointed out that the states formed the three branches of the government long before the federal conventions. The perimeters of the separation of all departments are outlined in detail in these original state constitutions. There is no need for the Supreme Court to offer any interpretation when the law is explained in official documents. The law is the law until it is changed using one of the methods outlined in Article V of the United States Constitution.
The CONSTITUTION of VIRGINIA

Fifth of July, 1776.

16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity toward each other.

The CONSTITUTION of NEW JERSEY
3 July 1776

XVIII. That no person shall ever, within this colony, be deprived of the inestimable privilege of worshipping almighty God in a manner agreeable to the dictates of his own conscience; nor, under any pretence whatever, be compelled to attend any place of worship, contrary to his own faith and judgment; nor shall any person, within this colony, ever be obliged to pay tithes, taxes or any other rates, for the purpose of building or repairing any other church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himself to perform.

XIX. That there shall be no establishment of any one religious sect in this province, in preference to another; and that no protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all persons, professing a belief in the faith of any Protestant sect, who shall demean themselves peaceably under the government, as hereby established, shall be capable of being elected into any office of profit or trust, or being a member of either branch of the legislature, and shall fully and freely enjoy every privilege and immunity, enjoyed by others their fellow subjects.

The CONSTITUTION of DELAWARE
Effective 21 September 1776

29. There shall be no establishment of any one religious sect in this State in preference to another; and no clergyman or preacher of the gospel, of any denomination, shall be capable of holding any civil office in this State, or of being a member of either of the branches of the legislature, while they continue in the exercise of the pastoral function.

The CONSTITUTION of PENNSYLVANIA

September 28, 1776.

1. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: and that no man ought, or of right can be compelled to attend any religious worship, or erect, or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: nor can any man, who would acknowledge the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or particular mode of religious worship: and that no authority can or ought to be vested in, or assumed by any power over whatever, that shall in any case interfere with, or in any manner control, the right of conscience in the free exercise of religious worship.

The CONSTITUTION of MARYLAND
November 11, 1776

33. That, as it is the duty of every man to worship God in such manner as he thinks most acceptable to him; all persons, professing the Christian religion, are equally entitled to protection in their religious liberty; wherefore no person ought by any law to be molested in his person or estate on account of his religious persuasion or profession, or for his religious practice; unless, under color of religion, any man shall disturb the good order, peace or safety of the state, or shall infringe the laws of morality, or injure others, in their natural, civil, or religious rights; nor ought any person to be compelled to frequent or maintain, or contribute, unless on contract, to maintain any particular place of worship, or any particular ministry; yet the legislature may, in their discretion, lay a general and equal tax for the support of the Christian religion; leaving to each individual the power of appointing the payment over of the money, collected from him, to the support of any particular place of worship or minister, or for the benefit of the poor of his own denomination, or the poor in general of any particular county: but the churches, chapels, glebes, and all other property now belonging to the church of England, ought to remain to the church of England forever. And all acts of assembly, lately passed, for collecting monies for building or repairing particular churches or chapels of ease, shall continue in force, and be executed, unless the legislature shall, by act, supersede or repeal the same: but no county court shall assess any quantity of tobacco, or sum of money, hereafter, on the application of any vestrymen or church-wardens; and every incumbent of the church of England, who hath remained in his parish, and performed his duty, shall be entitled to receive the provision and support established by the act, entitled “An act for the support of the clergy of the church of England, in this province,” till the November court of this present year to be held for the county in which his parish shall lie, or partly lie, or for such time as he hath remained in his parish, and performed his duty.

The CONSTITUTION of NORTH-CAROLINA
18 December 1776

19. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own conscience.

CONSTITUTION of GEORGIA
5 February, 1777

56. All persons whatever shall have the free exercise of their religion; provided it be not repugnant to the peace and safety of the state; and shall not, unless by consent, support any teacher, or teachers, except those of their own profession.

The CONSTITUTION of NEW YORK

20th April, 1777.

38. And whereas we are required, by the benevolent principles of rational liberty, not only to expel civil tyranny, but also to guard against that spiritual oppression and intolerance wherewith the bigotry and ambition of weak and wicked priests and princes have scourged mankind, this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed, within this state, to all mankind: Provided, That the liberty of conscience, hereby granted, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
The CONSTITUTION of MASSACHUSETTS
March, 1780.

II. It is the right as well as the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.

III. As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion and morality; and as these cannot be generally diffused through a community, but by the institution of the public worship of God, and of public instructions in piety, religion and morality: Therefore, to promote their happiness and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public Protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.

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