the Kentucky Resolutions of 1798: "It is true, as a general principle, ... that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution ... all lawful powers respecting the same did of right remain, and were reserved to the states, or to the people." 95
The Supreme Court as Well as Congress Excluded
from Jurisdiction over Religion
In the Kentucky Resolutions, Thomas Jefferson also made it clear that the federal judicial system was likewise prohibited from intermeddling with religious matters within the states. He wrote:
"Special provision has been made by one of the amendments to the Constitution, which expressly declares that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...', thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press, insomuch that whatever violates either throws down the sanctuary which covers the others; and that libels, falsehood, and defamation, equally with heresy and false religions, are withheld from the cognizance of federal tribunals ." 96
The Federal "Wall" Between Church and State
When Thomas Jefferson was serving in the Virginia legislature he helped initiate a bill to have a day of fasting and prayer, but when he became President, Jefferson said there was no authority in the federal government to proclaim religious holidays. In a letter to the Danbury Baptist Association dated January 1, 1802, he explained his position and said the Constitution had created "a wall of separation between church and state." 97
In recent years the Supreme Court has undertaken to use this metaphor as an excuse for meddling in the religious issues arising within the various states. It has not only presumed to take jurisdiction in these disputes, but has actually forced the states to take the same hands-off position toward religious matters even though this restriction originally applied only to the federal government. This obvious distortion of the original intent of Jefferson (when he used the metaphor of a "wall" separating church and state) becomes entirely apparent when the statements and actions of Jefferson are examined in their historical context.
It will be recalled that Jefferson and Madison were anxious that the states intervene in religious matters so as to provide for equality among all religions, and that all churches or religions assigned preferential treatment should be disestablished from such preferment. They further joined with the other Founders in expressing an anxiety that ALL religions be encouraged in order to promote the moral fiber and religious tone of the people. This, of course, would be impossible if there were an impenetrable "wall" between church and state on the state level. Jefferson's "wall" was obviously intended only for the federal government, and the Supreme Court application of this metaphor to the states has come under severe criticism. 98
Religious Problems Must Be Solved Within the Various States
In Thomas Jefferson's second inaugural address, he virtually signalled the states to press forward in settling their religious issues since it was within their jurisdiction and not that of the federal government:
"In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the general government. I have therefore undertaken on no occasion to prescribe religious exercises suited to it; but have left them, as the Constitution found them, under the direction and discipline of state or church authorities acknowledged by the several religious societies." 99
Jefferson, along with the other Founders, believed that it was within the power of the various states to eliminate those inequities which existed between the various faiths, and then pursue a policy of
The Supreme Court as Well as Congress Excluded
from Jurisdiction over Religion
In the Kentucky Resolutions, Thomas Jefferson also made it clear that the federal judicial system was likewise prohibited from intermeddling with religious matters within the states. He wrote:
"Special provision has been made by one of the amendments to the Constitution, which expressly declares that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...', thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press, insomuch that whatever violates either throws down the sanctuary which covers the others; and that libels, falsehood, and defamation, equally with heresy and false religions, are withheld from the cognizance of federal tribunals ." 96
The Federal "Wall" Between Church and State
When Thomas Jefferson was serving in the Virginia legislature he helped initiate a bill to have a day of fasting and prayer, but when he became President, Jefferson said there was no authority in the federal government to proclaim religious holidays. In a letter to the Danbury Baptist Association dated January 1, 1802, he explained his position and said the Constitution had created "a wall of separation between church and state." 97
In recent years the Supreme Court has undertaken to use this metaphor as an excuse for meddling in the religious issues arising within the various states. It has not only presumed to take jurisdiction in these disputes, but has actually forced the states to take the same hands-off position toward religious matters even though this restriction originally applied only to the federal government. This obvious distortion of the original intent of Jefferson (when he used the metaphor of a "wall" separating church and state) becomes entirely apparent when the statements and actions of Jefferson are examined in their historical context.
It will be recalled that Jefferson and Madison were anxious that the states intervene in religious matters so as to provide for equality among all religions, and that all churches or religions assigned preferential treatment should be disestablished from such preferment. They further joined with the other Founders in expressing an anxiety that ALL religions be encouraged in order to promote the moral fiber and religious tone of the people. This, of course, would be impossible if there were an impenetrable "wall" between church and state on the state level. Jefferson's "wall" was obviously intended only for the federal government, and the Supreme Court application of this metaphor to the states has come under severe criticism. 98
Religious Problems Must Be Solved Within the Various States
In Thomas Jefferson's second inaugural address, he virtually signalled the states to press forward in settling their religious issues since it was within their jurisdiction and not that of the federal government:
"In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the general government. I have therefore undertaken on no occasion to prescribe religious exercises suited to it; but have left them, as the Constitution found them, under the direction and discipline of state or church authorities acknowledged by the several religious societies." 99
Jefferson, along with the other Founders, believed that it was within the power of the various states to eliminate those inequities which existed between the various faiths, and then pursue a policy of
Similar Books
