At North Carolina's Ratifying Convention, July 30, 1788, Governor Samuel Johnston argued:
"The people of
Massachusetts and
Connecticut are mostly
Presbyterians ...
In
Rhode Island, the tenets of the
Baptists, I believe, prevail.
In
New York, they are divided very much; the most numerous are the
Episcopalians and
the Baptists.
In
New Jersey, they are as much divided as we are.
In
Pennsylvania, if any sect prevails more than others, it is that of the
Quakers.
In
Maryland, the
Episcopalians are most numerous, though there are other sects.
In
Virginia, there are many sects ...
I hope, therefore, that gentlemen will see
there is no cause of fear that
any one religion shall be exclusively established."
Supreme Court Justice Joseph Story, who was appointed by President James Madison, explained in his
Commentaries on the Constitution of the United States, 1833:
"In
some of the States,
Episcopalians constituted the predominant sect; in other,
Presbyterians; in others,
Congregationalists; in others,
Quakers ...
The whole
power over the subject of religion is left exclusively to the State governments, to be acted upon according to their own sense of justice and
the State Constitutions."
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Amendments to the "Federal" Constitution, particularly regarding religion, did not override individual "State" Constitutions.
This is seen by the acknowledgments of religion in the State Constitutions at the time the States debated and ratified the
Bill of Rights.
The first State to ratify 10 of the proposed 12 Articles of the Bill of Rights was
NEW JERSEY on November 20, 1789.
At that time,
New Jersey was still operating under its 1776 Constitution, which stated:
"All persons, professing a belief in the faith of any PROTESTANT sect, who shall demean themselves peaceably under the government ... shall be capable of being elected."
MARYLAND was the
2nd State to ratify the Bill of Rights, December 19, 1789.
At that time,
Maryland was still operating under its 1776 Constitution, which stated:
"No other test ... ought to be required, on admission to any office ... than such oath of support and fidelity to this State ... and a declaration of a belief in the CHRISTIAN religion."
NORTH CAROLINA was the
3rd State to ratify the Bill of Rights, December 22, 1789.
At that time,
North Carolina was still operating under its 1776 Constitution, which stated:
"No person, who shall deny the being of GOD or the truth of the PROTESTANT religion, or the Divine authority either of the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding ... office."
SOUTH CAROLINA was the
4th State to ratify the Bill of Rights, January 19, 1790.
At that time,
South Carolina was still operating under its 1778 Constitution, which stated:
"No person shall be eligible to a seat ... unless he be of the PROTESTANT religion ... The CHRISTIAN PROTESTANT religion shall be deemed ... the established religion of this State."
NEW HAMPSHIRE was the
5th State to ratify the Bill of Rights, January 25, 1790.
At that time,
New Hampshire was still operating under its 1784 Constitution, which stated:
"No person shall be capable of being elected ... who is not of the PROTESTANT religion."
DELAWARE was the
6th State to ratify the Bill of Rights, January 28, 1790.
At that time,
Delaware was still operating under its 1776 Constitution, which stated:
"Every person ... appointed to any office ... shall ... subscribe ... 'I ... profess faith in GOD THE FATHER, and in JESUS CHRIST His only Son, and in the HOLY GHOST, one God, blessed for evermore; and I do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine inspiration.'"
NEW YORK was the
7th State to ratify the Bill of Rights, February 24, 1790.
At that time,
New York was still operating under its 1777 Constitution, which stated:
"The United American States ... declare ... 'Laws of nature and of NATURE'S GOD ... All men are created equal; that they are endowed by their CREATOR with certain unalienable rights ... Appealing to the SUPREME JUDGE of the world ... A firm reliance on the protection of DIVINE PROVIDENCE' ...
People of this State, ordain ... the free exercise and enjoyment of religious profession and worship, without discrimination ...
Provided, That the liberty of conscience, hereby granted, shall not be so construed as to excuse
acts of licentiousness (sexual immorality)."
PENNSYLVANIA was the
8th State to ratify the Bill of Rights, March 10, 1790. At that time,
Pennsylvania was still operating under its 1776 Constitution, which stated:
"Each member, before he takes his seat, shall ... subscribe ... 'I do believe in one GOD, the Creator and Governor of the Universe, the Rewarder of the good and the Punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine Inspiration.'"
RHODE ISLAND was the
9th State to ratify the Bill of Rights, June 7, 1790.
At that time,
Rhode Island was still operating under its 1663 Colonial Constitution, which stated:
"By the blessing of God ... a full liberty in religious concernements ... rightly grounded upon GOSPEL principles, will give the best and greatest security ... in the true CHRISTIAN faith and worship of God ... They may ... defend themselves, in their just rights and liberties against all the enemies of the CHRISTIAN faith."
VERMONT was the
10th State to ratify the Bill of Rights, November 3, 1791.
At that time,
Vermont was still operating under its 1777 Constitution, which stated:
"And each member, before he takes his seat, shall make and subscribe the following declaration, viz. 'I ____ do believe in one God, the Creator and Governor of the Universe, the Rewarder of the good and Punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration, and own and profess the Protestant religion.' And no further or other religious test shall ever, hereafter, be required."
VIRGINIA was the
11th State to ratify the Bill of Rights, December 15, 1791.
At that time,
Virginia was still operating under its 1776 Constitution, which stated:
"It is the mutual duty of all to practice CHRISTIAN forbearance, love, and charity towards each other."
After the
Bill of Rights were ratified by
three-fourths of the States, Secretary of State
Thomas Jefferson certified their adoption on March 1, 1792.
Massachusetts, Connecticut and
Georgia did not ratify the Bill of Rights till 1939.
Writing in regards to the Amendments limiting the Federal Government,
Thomas Jefferson wrote to Samuel Miller, January 23, 1808:
"I consider the
Government of the U.S. as
interdicted (prohibited) by the Constitution
from inter-meddling with religious institutions, their doctrines, discipline, or exercises.
This results not only from the provision that
no law shall be made respecting the establishment or free exercise of religion, but from that also which
reserves to the States the powers not delegated to the U.S..."
Jefferson continued:
"Certainly
no power to prescribe any religious exercise, or to assume authority in religious discipline,
has been delegated to the General (Federal) government.
It must then rest with the States as far as it can be in any human authority ...
I do not believe it is for the interest of religion to invite the civil magistrate to direct its exercises, its discipline, or its doctrines ...
Every religious society has a right to determine for itself the times for these exercises, and the objects proper for them, according to their own particular tenets."
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The Legislative Reference Service of the Library of Congress prepared
The Constitution of the United States of America-Analysis and Interpretation (Edward S. Corwin, editor, U.S. Government Printing Office, Washington, 1953, p. 758), which stated:
"In his
Commentaries on the Constitution, 1833,
Justice Joseph Story asserted that
the purpose of the First Amendment was not to discredit the then existing
State establishments of religion, but rather '
to exclude from the National Government all power to act on the subject.'"
Justice Joseph Story wrote in
A Familiar Exposition of the Constitution of the United States, 1840:
"We are not to attribute this
prohibition of a national religious establishment to an indifference to religion in general, and
especially to Christianity (which none could hold in more reverence than the framers of the Constitution) ...
Probably,
at the time of the adoption of the Constitution, a
nd of the Amendment to it now under consideration, the general, if not the universal, sentiment in America was,
that Christianity ought to receive encouragement from the State so far as was not incompatible with the private rights of conscience and the freedom of religious worship.
An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference,
would have created universal disapprobation, if not
universal indignation ..."
Story continued:
"But
the duty of supporting religion, and
especially the Christian religion, is very different from the right to force the
consciences of other men or to punish them for worshiping God in the manner which they believe their accountability to Him requires ...
The rights of conscience are, indeed, beyond the just reach of any human power. They
are given by God, and cannot be encroached upon by human authority without a criminal disobedience of the precepts of natural as well as of revealed religion.
The real object of the First Amendment was not to countenance, much less to advance MOHAMMEDANISM, or Judaism, or infidelity, by prostrating Christianity, but
to exclude all rivalry among Christian sects and to prevent any national ecclesiastical establishment which should give to a hierarchy the exclusive patronage of the national government."
Thomas Jefferson stated in his Second Inaugural Address, March 4, 1805:
"In matters of religion I have considered that its
free exercise is placed by the Constitution
independent of the powers of the
General (Federal) Government.
I have therefore undertaken, on no occasion, to prescribe the religious exercise suited to it;
but have left them, as the Constitution found them, under the direction and discipline of
State and church authorities by the several religious societies."
Things began to change with the 14th Amendment.
In 1889,
John Bouvier's Law Dictionary (Philadelphia, J.B. Lippincott Co.) gave the definition of "RELIGION" and then hinted of the novel use of the 14TH AMENDMENT:
"'
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof' ...
By
establishment of religion is meant the
setting up of state church, or at least conferring upon
one church of special favors which are denied to others ...
The Christian religion is, of course, recognized by the government, yet ... the
preservation of religious liberty is left to the States ... This provision and that relating to religious tests
are limitations upon the power of the (Federal) Congress only ...
Perhaps the Fourteenth Amendment may give additional securities if needful."
The 14th Amendment was passed July 28, 1866, to force Southern Democrat States to give rights to freed slaves.
But in solving one problem it created another.
R
epublican Congressman John Farnsworth of Illinois stated of the
14th Amendment, March 31, 1871:
"The reason for the adoption (of the 14TH AMENDMENT) ... was because of ... discriminating ... legislation of those States ... by which they were punishing one class of men under different laws from another class."
The
14th Amendment was sponsored by
Republican Congressman John Bingham of Ohio.
When asked if he feared the 14th Amendment might open the door for the Federal Government to usurp rights away from the States,
Rep. John Bingham replied:
"I repel the suggestion ..
. that the Amendment will ... take away from any State any right that belongs to it."
Nevertheless, shortly after the 14th Amendment was ratified,
activist Federal Judges began to do just that.
Darwinist philosopher Herbert Spencer influenced Harvard Law School dean
Christopher Columbus Langdell to apply evolution to the legal process.
Rather than upholding the intent of those who wrote the laws,
Langdell taught that laws could evolve through a series of "case precedents."
There developed
TWO ways to change laws.
The
FIRST way to change laws requires motivating a
majority of citizens to elect Congressmen and Senators, who in turn, need a
majority to pass a law, which in turn needs to be signed by the President, who was elected by a
majority.
The
SECOND way to change laws is much easier. Simply find an activist judge who is willing to subtly evolve the definitions of words that are in existing laws to push the will of a
minority.
This evolutionary view influenced
Supreme Court Justice Oliver Wendell Holmes, Jr., to challenge the tradition that the Constitution should only be changed when two-thirds of the State legislatures, or two-thirds of both the Senate and House, propose an Amendment, and three-fourths of the States ratify it.
Holmes' biographer wrote in
The Justice from Beacon Hill (1991), that he:
"... shook the little world of lawyers and judges who had been raised on Blackstone's theory that the law, given by God Himself, was immutable and eternal and judges had only to discover its contents.
It took some years for them to come around to the view that
the law was flexible, responsive to changing social and economic climates ...
Holmes had ... broken new intellectual trails ... demonstrating that the corpus of
the law was neither ukase (an edict) from God nor derived from Nature, but ...
was a constantly evolving thing."
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