Hi,
Also of importance is that, in contrast with the remainder of the Bill of Rights, the restriction is specifically on 'congress' . Combined with the Tenth Amendment ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."), it would seem to imply that the individual states have the right to establish religions. Considering that a number of the states were indeed founded as religious entities, that interpretation is likely.
To arrive at the 'barrier' and the 'neutrality' of which you speak is a processes initiated by the establishment clause and developed over two centuries of state and local laws and court decisions at all levels. Although the ideal is not yet reached, it is much closer than it was even a few decades ago when blue laws were still prevalent throughout the Bible belt. Much of the ACLU's job isn't so much to gain new freedoms as it is to prevent the erosions of freedoms already gained. Eternal vigilance is indeed the price of liberty, and the enemies from within are much more dangerous than those from outside.
--Pete
Quote:The establishment clause creates a barrier between church and state - the government must remain utterly neutral in matters of religion.Let me play devil's advocate and look at the actual source. Now, the establishment clause actually says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . . It does *not* impose the barrier you mention, nor does it require that utter neutrality. Indeed, in the USA, religion is given preferential treatment in many ways, not least in the matter of tax status.
Also of importance is that, in contrast with the remainder of the Bill of Rights, the restriction is specifically on 'congress' . Combined with the Tenth Amendment ("The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."), it would seem to imply that the individual states have the right to establish religions. Considering that a number of the states were indeed founded as religious entities, that interpretation is likely.
To arrive at the 'barrier' and the 'neutrality' of which you speak is a processes initiated by the establishment clause and developed over two centuries of state and local laws and court decisions at all levels. Although the ideal is not yet reached, it is much closer than it was even a few decades ago when blue laws were still prevalent throughout the Bible belt. Much of the ACLU's job isn't so much to gain new freedoms as it is to prevent the erosions of freedoms already gained. Eternal vigilance is indeed the price of liberty, and the enemies from within are much more dangerous than those from outside.
--Pete
How big was the aquarium in Noah's ark?