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DGDevin DGDevin is offline
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Default A Prognostication



"J. Clarke" wrote in message
in.local...

However the Founders did not seek "separation of church and state".


Some folks insist that the Founders didn't want an armed citizenry aside
from service in a state militia. Actually the Founders made it clear that
an armed citizenry independent of the state was exactly what they wanted,
some of them wrote and spoke on the subject in very clear terms, just as
they did on the subject of how undesirable it was for govt. and religion to
be mixed. The courts consider such extra-constitutional evidence when they
are interpreting the Constitution, which seems a reasonable thing to do when
trying to figure out what the Founders *meant* which is the role which
inevitably came to the courts.

The
First Amendment has unusual wording--"Congress shall make no law
resepecting an establishment of religion". In other words it's a
restriction specifically on what laws may be enacted by the Federal
government.


Pretty much the theme of the Bill of Rights.

The reason that that particular item was included in the Bill of Rights
was that several states had state religions at the time and would not
have ratified the Constitution if there had been a chance that the
Federal government would override that state religion.


They had to agree to legal slavery for the same reason, but that doesn't
mean many weren't holding their noses when they signed.

One can argue that incorporating it under the fourteenth to restrict the
actions of state governments is at variance with the original intent,
however that would be an uphill battle at this point.


Put me down on the list of those who are pleased that the courts went that
route, state religions are things of horror.