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Brian Tubbs
- In that case...
Okay, Pink, in that case....George Washington violated the First Amendment's phrase on "respecting an establishment of religion" (at least YOUR interpretation of those words) when he issued his proclamation for "A Day of Publick Thanksgiving and Prayer." And Congress (the same one that authored the First Amendment, btw) broke the First Amendment when they asked him to issue that proclamation.
You can't have this both ways, Pink. If Congress violated the First Amendent on Dec 11 by passing this very benign, ceremonial endorsement of Christmas and Christianity, then George Washington and the First Congress violated it when they called on the entire nation (and the nations of the world, for that matter) to "acknowledge the Providence of Almighty God" and to offer "prayers and supplications to the great Lord and Ruler of nations."
You can read the full text of this Thanksgiving Proclamation at the following link...
» Migisi - An election year....
.-- posted by Migisi
» pink101 - In that case...
In response to In that case... posted by BrianTubbs:
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I'm not accusing congress of breaking the law.
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I have made a statement about what I believe the Constitution means.
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But, it looks like you're arguing that congress DOES have the right to make laws that "respect the establishment of religion".
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Maybe I'm misunderstanding you?
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-- posted by pink101
» Migisi - Good TV tomorrow (Dec. 23)
.-- posted by Migisi
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Brian Tubbs
- Establishment Clause
You and I have different understandings of the phrase "Congress shall make no law respecting an establishment of religion." My understanding of that clause lines up with the original intent of the amendment's authors. Yours is a more modern understanding.
» pink101 - Establishment Clause
In response to Establishment Clause posted by BrianTubbs:-- posted by pink101
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Brian Tubbs
- Establishment of Religion
You've hit on one VERY significant point. We're talking about a resolution and NOT a law. The resolution that the House passed on Dec 11 was a non-binding resolution. It was NOT a law, and therefore (by definition) does NOT fall within the purview of the First Amendment.
Second, the clause does not say "Congress shall make no law respecting religion." It says "Congress shall make no law respecting an ESTABLISHMENT of religion."
The resolution in question did not establish a national church or national religion.
If anything, you and Migisi should be upset with the 1870 law (and we are talking about a LAW there) which established December 25 as a holiday - and officially named that holiday "Christmas" (meaning "Mass for Christ").
But, fortunately, the ACLU and the Americans United for the Separation of Church and State and others weren't around to try to stop Congress in 1870 from establishing Christmas.
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Brian Tubbs
- George Washington
During the ratification debates, he expressed (in letters) an agreeable openness to a bill of rights. Here's a link to one such letter (this one to Lafayette written in 1788)...
http://memory.loc.gov/cgi-bin/query/r?am...
When the Constitution was ratified (without a bill of rights), Washington was unanimously elected first President by the Electoral College and took office in 1789.
Upon taking office, Washington let it be known he supported adding a bill of rights.
Rep. James Madison then proposed 12 amendments (based on language from George Mason's Virginia Bill of Rights). Eleven of the 12 were sent to the states by that First Congress. The states accepted ten of them. Those became the Bill of Rights.
Did George Washington advocate breaking the Bill of Rights?
No. He supported them.
But I don't think he understood them in the same way you do.
» pink101 - Establishment of Religion
In response to Establishment of Religion posted by BrianTubbs:-- posted by pink101
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Brian Tubbs
- Establishment of Religion
What the Founders meant by "establishment of religion" is abundantly clear. One only needs to look at what they declared independence FROM. They didn't want a Church of America like there was a Church of England. They didn't want the President of the United States (the Head of State for the US) serving also as the Head of the American Church.
The Establishment Clause forbade Congress (and now the states, thanks to the 14th amendment) from setting up a national church - like the Church of England. That's what they meant.
They did NOT mean that the US government shouldn't invoke God or encourage religion and morality in general. If they did, then George Washington broke that in his Inaugural Address, his Thanksgiving Proclamation, and his Farewell Address - to name just THREE examples.
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