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louis c Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:03 AM
Original message
The proper answer on the "Seperation of Church and State"....
Edited on Thu Oct-21-10 10:05 AM by louis c
Christene O'Donnell's repsonse about "Seperation of Charch and State", which she contends does not appear anywhere in the Constitiution, should have the proper response. The First Amendment wording is subject to interpertation. However, that interpertation should be by those who actually have the expertise on the subject. "I contemplate, with sovereign reverence that act of the whole American People which declared that their ligislature should 'make no law respecting an establishment of releigon, or prohibiting the free exercise thereof'. Thus building a wall of seperation between Church and State". Thomas Jefferson, Jan. 1 1802.

Now, let me see if I understand this. The guy who actually wrote the Bill of Rights (with Madison), who actually wrote the First Amenedment to the Constitution, that's the guy whose interpretation should matter the most. Seperation of Charch and State. The man who said it is the man who wrote it.

Link to Jefferson Letter, 1802
http://www.usconstitution.net/jeffwall.html
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fascisthunter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:06 AM
Response to Original message
1. thank you
I think these quotes need to be repeated often here and in the media.
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wryter2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:08 AM
Response to Original message
2. The morons think Jefferson never said that
Seriously. That's what they've been told, and they believe it. We're arguing with a bunch of people who have a different set of facts.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:12 AM
Response to Original message
3. Excellent!
Edited on Thu Oct-21-10 10:14 AM by elleng
However, it is often stated, in case law, that 'legislative history' is a relatively minor aspect of interpreting law. And we know she's not particularly concerned with 'csse law!'
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woodsprite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:32 AM
Response to Reply #3
7. What? You mean she didn't take a 2 wk seminar is Case Law?
But I'm sure she's seen some old Perry Mason episodes. That should qualify her, right?
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:37 AM
Response to Reply #7
11. Not 'xacly! Perry's a TRIAL LAWYER, ya know!
:rofl:
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GodlessBiker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:12 AM
Response to Original message
4. I agree. Jefferson's quote is very important. But I don't believe that we should be a ...
technocracy, where only those elite few who have some technical knowledge or specific education are permitted to justifiably interpret the meaning of the words in the Constitution.

And, no, while Jefferson's quote is important, his interpretation is no more or no less valid than mine of yours. We might disagree with anyone's interpretation, but they should have the right to interpret it just like Jefferson did. In essence, once he wrote the words, they no longer belonged to him but to everyone.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:36 AM
Response to Reply #4
10. I agree with you
This notion that the only worthy interpretation is that of the author is fetishism of the highest sort, and it is, indeed, the foundation of the utterly anti-democratic "strict constructionist" discourse. The Constitution is a living document.

Full stop.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:19 AM
Response to Original message
5. Recommended.
Well said.

The thing that I believe we should focus on is exactly what Amendment 1 clearly does say. It clearly defines the restrictions that have followed through a series of USSC decisions.

It's interesting to note that Amendment 1 was revolutionary at the time. Parts of it were things that were practiced by other nations -- "free speech" by the Haudenosaunee, for example. But, even some of Chief Paul Waterman's grandfathers' grandfathers had told Franklin, Jefferson, and others that there were risks in not having a "state" religion. Because of the Church of England, the Founding Fathers disagreed.

Thank you for this important OP.
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flor-de-jasmim Donating Member (260 posts) Send PM | Profile | Ignore Thu Oct-21-10 10:32 AM
Response to Original message
6. Jefferson probably wrote "separation" - An English teacher used to say that...
there is "a rat" in sepARATion...
works for me!
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:33 AM
Response to Reply #6
9. huge
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unorthodox Donating Member (26 posts) Send PM | Profile | Ignore Thu Oct-21-10 10:33 AM
Response to Original message
8. Great quote.
Thank you.
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opihimoimoi Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 11:04 AM
Response to Original message
12. Me thinks she is so naive...thinks Consitution in the original sense
noit realizing the Amendments are de facto part of the Constitution...

Its a flexible System in play...via Ammendments...

She is using the "Const" as a means of gaining credibility....as a tool....w/o fully understanding of the work...

She is a disgrace to the Baggers....makes them look foolish
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nykym Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 11:24 AM
Response to Original message
13. ANd what will become
of all the schoolchildren in Texas not that Jefferson has been banned from the history books?
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DonCoquixote Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 02:06 PM
Response to Original message
14. "Render onto Caesar
That which is Caesar's." The phrase itself implies that the speaker has set aside things that are Caesar's, as opposed to "that which is God's."

Then again most GOP types will ignore this guy; he also said crap like "it is easier for a camel to get through the eye of a needle than for a rich man to get into the kingdom of Heaven" and "blessed are the poor" and even said that those who do not feed, clothes and help the "least of these" might go to Hell, didn't this little creep read Jean Calvin and other Theology?

SARCASM of course
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county worker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 02:21 PM
Response to Original message
15. The question that should be asked is why the right persists in their meme.
They want a theocracy which should scare the hell out of us. They are Christofacists.
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