Hello Again True Believers, take a look at my biggest fan's latest comment by clicking on this link
http://contrasuggest.blogspot.com/2011/05/memo-from-otpe.html#comments
And here's what I say to him in response:
What the hell do they teach you kids in school these days? I can’t believe that I have to explain this to you. Let’s start from the beginning, and this time I hope to be sufficiently nuanced as to avoid the criticism of simplistic black and white characterizations.
Natural law is the doctrine that human affairs should be governed by ethical principles that are part of the very nature of things, and that can be understood by God-given reason. Natural rights are granted by God and are the birthright of every human being. While governments can acknowledge natural rights, it is not in their power to grant them; while governments can attempt to stifle natural rights, it’s not in their power to take them away.
For many decades, our cultural institutions and the purveyors of political propaganda who control them have tried to convince us that the Declaration of Independence and the Constitution share no commonalities. We’ve been told that the Declaration is a declarative statement of political theory, which, among other things, rejects unjust colonial rule; while the Constitution is strictly a document of law; and never the twain shall meet. While this assessment is strictly true, the Constitution cannot be properly understood or interpreted without an understanding of the natural law doctrine, so eloquently outlined in the 1st two paragraphs of the Declaration of Independence. The two are companion documents that mutually define and strengthen one another, to read and interpret either one without knowledge of the other renders an incomplete understanding of both, of our country and the theories that form its foundation. To state that the first three words of the constitutional preamble posit a connection to the natural law doctrine, is in no way tenuous. The clearly stated intentions and beliefs of the men who debated and composed the document support this view.
The Founders, all learned men who were devoted students of history, understood and believed the natural rights doctrine, hinted at in ancient Greece by Pythagoras and Socrates, defined in Rome by Cicero and codified by Aquinas (among others). In 1765, British legal scholar William Blackstone, also a great influence on the founding generation, outlined his thoughts on what he called “higher law”; he was in fact referring to natural law. Higher law was always to be placed above man-made law. The Constitution has been referred to as the higher law, or law of the land, for the very reason that it was drafted by men who well understood and believed in the precepts of natural law philosophy. The natural law concepts of human dignity and equality, outlined in the Declaration, are embodied in the rights outlined in the Constitution. To ignore this, is to misunderstand the Constitution and its inexorable connection to the Declaration. Shortly after the compromises that led to ratification of the Constitution, James Madison remarked, “It is impossible for a man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.” In 1775, Alexander Hamilton said, “Good and wise men in all ages have embraced … [this] theory. They have supposed that the Deity … has constituted an eternal and immutable law, which is indispensably obligatory upon all mankind, prior to any institution whatever.”
None of this means that the Constitution is a collection of natural law or of God’s law, but that it was drafted by men who believed in the Christian God, and natural law, and thus must be viewed through that lens and can only be properly understood in that context.
Now which notion is more obscure: acknowledgment of God’s authority being assumed in the words of the Constitution; or a casual turn of phrase in an obscure letter written by Thomas Jefferson in 1802, being repeatedly cited by Supreme Court Justices as impetus to remove religious expressions from the public square?
As you point out, the courts have long rendered inconsistent decisions, but there is no question that the net movement has been towards less religious expression in the public square and less public funding of activities sponsored by religious bodies.
This is what I object to, and the Founders’ intentions, as reflected in the preponderance of their written words and recorded actions, stand against it.
Thankfully there have been some Supreme Court justices who actually understand the Constitution and the framers’ intentions; here is what one of them, Chief Justice William Rehnquist, said of the artificially created primacy of
Jefferson’s “wall” metaphor in his dissent in
Wallace v. Jaffree (1985):
It is impossible to build sound constitutional doctrine upon a mistaken understanding of constitutional history, expressly freighted with Jefferson’s misleading metaphor for forty years. Thomas Jefferson was of course in France at the time the constitutional amendments known as the Bill of Rights were pressed by Congress and ratified by the States. His letter to the Danbury Baptist Association was a short note of courtesy, written fourteen years after the amendments were passed by Congress. He would seem to any detached observer as a less than ideal source of contemporary history to the meaning of the Religion Clauses of the First Amendment.
Albeit, Rehnquist takes his criticism of Jefferson a step further than I do, but, as already illustrated, there is prodigious evidence from Jefferson’s other writings and actions that contradict the modern interpretation of the “wall” metaphor.
The references to “Creator” and “Nature’s God” in the Declaration of Independence could mean any number of things, some at odds with the Christian idea of God?
Surely you jest.
In a speech delivered on Independence Day of 1837, President John Quincy Adams posed these rhetorical questions, “Is it not that the Declaration of Independence first organized the social compact on the foundation of the Redeemer’s mission upon earth?
That it laid the cornerstone of human government upon the first precepts of Christianity?”
JQA disagrees with you.
What about the guy who wrote the Declaration, did he believe in the Christian God, and was he a Deist?
Truth is, we really don’t know for sure, and since there is some ambiguity to what he believed, those on the political left are obsessed with him, he is one of the few figures from the founding generation (along with Madison) that they feel they can co-opt.
All we hear about is “Jefferson/Madison this, and Jefferson Madison that;” where are the references from the other Founders to support your view?
If
Jefferson was a Deist, he was a Deist in the Judeo-Christian mode, believing that God created the universe, then stepped back, allowing mankind to administer it by the use of reason.
Speaking about the right of expatriation (to leave one’s native country and take up residence elsewhere) he famously said, “We do not claim these under the charters of kings or legislators, but under the King of Kings.”
Was this just poetic embellishment?
Who is the King of Kings?
I’ll give you little hint, he was not referring to any of the following: Allah, Buddha, Vishnu, the Horned God, Aiwass, Osiris, Jupiter, Odin, Zeus, Quetzalcoatl, Rhiannon, The Jedi Knights, Eric Clapton, or Lady Gaga.
It is Jesus Christ to whom he referred; not some other deity or some fuzzy Deist conception of the godhead, cloaked in ambiguity.
Again, our rights do not come from the great jelly donut in the sky, but from the Christian God.
In an 1802 letter to Dr. Benjamin Rush, Jefferson himself rebuked those who claimed he was hostile towards religion, stating that his views on the subject, “are the result of a life of inquiry and reflection, and very different from the anti-Christian system imputed to me by those who know nothing of my opinions.”
I concede that
Madison was wishy-washy on the subject of church/state associations.
Yet, he appointed Joseph Story, the Dane Professor of Law at Harvard, to the Supreme Court, who served in that capacity for over 30 years.
Story, in his seminal
Commentaries on the U.S. Constitution, wrote (non-contiguously):
Probably at the time of the adoption of the Constitution, and of the amendment to it … sentiment in America was that Christianity ought to receive encouragement from the state, so far as it is not incompatible with the private rights of conscience, and the freedom of religious worship.
In fact, every American colony, from its foundation down to the revolution, with the exception of Rhode Island … did openly, by the whole course of its laws and institutions, support and sustain, in some form, the Christian religion, and almost invariably gave a peculiar propriety in viewing the Christian religion, as the great basis on which it must rest for its support and permanence, if it be, what it has ever been deemed by its truest friends to be, the religion of liberty.
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 from worshipping God in the matter, which, they believe, their accountability to him requires. … The rights of conscience are, indeed, beyond the reach of human power.
The view among the founding generation that religion was the sine qua non of republican government was not the exception but the rule. If you won’t believe me, then believe them:
… Since we aught to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained: And since the preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people. (George Washington, First Inaugural Address)
True religion affords to government its surest support (Washington, before the Synod of the Reformed Dutch Church)
Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensible supports. (Washington, Farewell Address)
We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made for a moral and religious people. It is wholly inadequate to the government of any other. (John Adams)
Religion and Virtue are the only Foundations, not only of Republicanism and of all free Government, but of social felicity under all Governments and in all Combinations of human society. (J. Adams)
Religion and good morals are the only solid foundation of public liberty and happiness. (Samuel Adams)
The politician who loves liberty sees … a gulph that may swallow up the liberty of which he is devoted. He knows that morality overthrown (and morality must fall without religion) the terrors of despotism can alone curb the impetuous passions of man, and confine him within the bonds of social duty. (Alexander Hamilton)
Without morals a republic cannot subsist any length of time; they therefore, who are decrying the Christian religion, whose morality is so sublime and pure, which denounces against the wicked, the eternal misery, and insures to the good eternal happiness, are undermining the solid foundations of morals, the best security for the duration of free governments. (Charles Carroll of Carrollton)
Our country should be preserved from the dreadful evil of becoming enemies of the religion of the Gospel, which I have no doubt, but would be the introduction of the dissolution of government and the bonds of civil society. (Elias Boudinot)
Reading, reflection, and time have convinced me that the interests of society require the observation of those moral precepts … in which all religions agree. (Thomas Jefferson)
Religion is the only solid Base of morals and Morals are the only possible support of free governments. (Gouverneur Morris)
The only foundation for a useful education in a republic is to be laid in religion. Without this there can be no virtue, there can be no liberty, and liberty is the object and life of all republican governments. (Benjamin Rush)
I could go on all day quoting the Founders’ words and describing their actions in support of my thesis.
But enough is enough; let’s get to what this debate is truly about.
The opponents of church/state associations must continually claim their false affinity with the Founders in order to mask their true goals, which are actually the antithesis of the Founders’ goals.
That is why, in words and in practice, the Founders acted contrary to the way today’s Statists act.
So let’s drop the pretense; Statists don’t give a crap about what the Founders did or intended; they want to destroy all rights to public religious expression because they know it is the last bulwark that stands against the dissolution of our moral/ethical cultural tradition and the cornerstone of our civilization: the family.
Excising religion from American public life will further weaken collective morality and secular law, to a degree that will open up the floodgates for a tsunami of permissive, hedonistic narcissism, and the concentration of authority in a massive monolithic federal bureaucracy.
Statists are in earnest when they vociferously declare to love the
USA; however, the
USA that they claim to love is one that only exists in their masturbatory fantasies.
The
Amerika that they love is a place ruled by phony multiculturalism, gay marriage, abortion on demand (even for minors, without parental consent), a second sexual revolution that extends to
children of all ages, the emasculation of the military, the legalization of all drugs, the denigration of American traditions, and the invalidation of everything that the Founders labored for so arduously.
This is the hideous mutation that the far left has been trying to transform
America into ever since it began taking the reins of government power in the 1960s.
Statists desire an
America with no moral boundaries, where churches, synagogues and parents wield no authority, where arbitrarily applied secular law is decoupled from Judeo-Christian law, and where all power is vested in the capricious intellectual technocrats who sit athwart the federal leviathan.
If you think for one moment that we here at the OTPE are going to go gently into that good night, you’ve got another thing coming.