Wait a second, weren't you just recently suggesting reading the Federalist Papers to better understand the constitution? News flash: the federalist papers appear no where in the constitution either.JoltinJoe wrote:The words "wall of separation between church and state" appear nowhere in the Constitution. And Jefferson is not the Constitution.kalm wrote:
"Because religious belief, or non-belief, is such an important part of every person's life, freedom of religion affects every individual. Religious institutions that use government power in support of themselves and force their views on persons of other faiths, or of no faith, undermine all our civil rights. Moreover, state support of an established religion tends to make the clergy unresponsive to their own people, and leads to corruption within religion itself. Erecting the "wall of separation between church and state," therefore, is absolutely essential in a free society."
Scalia is correct that the Constitution requires the state to protect freedom of religion. Nothing in the Constitution protects "freedom from religion" or requires the state to do so. The state may choose to do so, but it is not constitutionally required.
As Justice Black observed in his brilliant dissent in Griswold: "One of the most effective ways of diluting or expanding a constitutionally guaranteed right is to substitute for the crucial word or words of a constitutional guarantee another word or words, more or less flexible and more or less restricted in meaning."
The words "separation of church and state" and "freedom from religion" appear nowhere in the First Amendment. The words: "Congress shall make no law ... prohibiting the free exercise [of religion]" do appear in the First Amendment.
What is funny is how many people think Scalia is "wacked" for declaring with 100% accuracy what the First Amendment says.
The establishment clause (which comes first), clearly infers that government cannot write laws that establish any religion. As a brief aside…for those who claim atheism is a religion (Joltin Joe?), you've just lost the argument right here. If not, please define the constitutional meaning of religion and who gets to determine what is, or is not.
Like it or not, the US was founded on secularism. Our founding was based on ideas and reason rather than divine rights. I think that's pretty fucking cool. Too bad that people like Scalia are so insecure in their faith that they must distort the intent of the founders.






