- Joined
- Aug 26, 2011
- Messages
- 27,710
- Reaction Score
- 38,217
They were actually very religious as a whole. The main point of contention was denominational control and the operative presumption was Christianity was the moral framework for a just and society of laws. There is no "separation of church and state" in the Constitutional concept. It is a prohibition against endorsement and a restriction against the restraint of free practice of one's religion. The notion that the public square should be sanitized of religion is simply not a concept that the framers endorsed. It is precisely the opposite. In fact in many states, the ability to qualify to hold office was statutorily defined to require a Christian faith. This seems crazy today, but not then. The idea was focused on the fact that any endorsement of a Christian denomination would result in oppressive government by the denomination in control. For example, Jefferson's letter to the Danbury Baptists was an assurance that they would not be persecuted in Connecticut which was predominately controlled by Congregationalists. More generally, and I would have to find it, there is a reference to Mohammedism in the early writings that goes to the point being that each person is free to practice his or her religion, but the nation's laws and people are that of Christian nation and the Christianity is an essential aspect of public discourse and intercourse. It is not until the mid-1900s do you begin to see a re-interpretation of Constitutional underpinnings based on a (liberal) theory of positivism (which means you interpret the Constitution in accordance with the times). This concept was also expressly rejected by the framers in numerous writings notwithstanding the revisionist law professors at Harvard and Yale, etc.. What you see is actually a paradoxical erosion of our constitution rights under liberal interpretation due to several phenomena. But, I could write a book on that and bore you to death. Anyway, back to the main point, the modern liberal sentiments about the Constitution on the current subject are just vastly out of step with the reality of what was intended and was practiced for nearly 150 years. Sadly, most of what is taught even in college level classes is pure modern myth that was invented by "progressives" .
I don't agree with your overly simplistic explanation of legal positivism.
And Jefferson's letter to the Danbury Baptists is often cited as evidence of his Deist tendencies.
He also refers to a wall between Church and State.
“[t]he First Amendment has erected a wall of separation between church and state. That wall must be kept high and impregnable.”
So this notion that there was never an intended separation is utterly false, unless of course you also believe that the earth is 6000 years old.