stevenehrbar: (Default)
[personal profile] stevenehrbar
FYI:

The Founders, as a collective, were not against the state establishment of religion.  George Washington himself was a prominent antidisestablishmentarian, who wanted Virginia to maintain the Episcopal Church as the state church.  The First Amendment, when enacted, did not bar government establishment of religion.  It barred Federal interference in state decisions on the matter. Massachusetts had an established state church all the way out to 1833 (forty years after ratification of the First Amendment), when it was disestablished by in-state action (the Supreme Court that very year ruled that Massachusetts had the right to have a state church).

I'm not saying that church-state interaction is a good idea.  I'm merely pointing out that invoking the Founders as an authority against it is ahistorical nonsense.

Date: 2004-05-01 11:05 am (UTC)
archangelbeth: An egyptian-inspired eye, centered between feathered wings. (Default)
From: [personal profile] archangelbeth
On the other hand, federal religious involvement does interfere with state religion stuff, or lack thereof, right?

Date: 2004-05-01 10:33 pm (UTC)
From: [identity profile] stevenehrbar.livejournal.com
Well, with the 14th Amendment, it goes even further, and the states can't do it, either. Establishment of religion is now a Constitutional no-no on any level, much like slavery (outlawed by the 13th Amendment), denying the vote to women (20th), or poll taxes (24th).

However, it's not a no-no established by the Founders. "Congress shall make no law respecting an establishment of religion" was not, then, an expression of a principle denouncing the concept of government-established religion. It was just a compromise to assure the states that the federal government would not interfere with their choices.

Date: 2004-05-03 11:08 am (UTC)
archangelbeth: An egyptian-inspired eye, centered between feathered wings. (Default)
From: [personal profile] archangelbeth
Veddy interesting.

I don't think I invoke the founders much, but I'll make sure to keep them out of that one.

I thought women voting was... the 19th Amendment, not the 20th? That's what Schoolhouse Rock says, I think! O:>

Date: 2004-05-03 11:17 am (UTC)
From: [identity profile] stevenehrbar.livejournal.com
Er, yeah, 19th.

(It was ratified in 1920, which for some reason always makes me forget and call it the 20th.)

Date: 2004-05-03 01:41 pm (UTC)
archangelbeth: An egyptian-inspired eye, centered between feathered wings. (Default)
From: [personal profile] archangelbeth
More Schoolhouse Rock! More Schoolhouse Rock!

Oh were were sufferin', before suffrage! Not a woman here could vote no matter what age! Till the Nineteenth Amendment broke down that restrictive ruuuuuuuule! Oh yeah!

Date: 2004-05-03 02:19 pm (UTC)
From: [identity profile] stevenehrbar.livejournal.com
Hrmm.

Except that plenty of women in the U.S. could vote before the 19th Amendment, because the qualification to vote was a matter of state law, and a number granted women's sufferage . . .

[Down, pedantry, down!]

Date: 2004-05-04 10:10 am (UTC)
archangelbeth: An egyptian-inspired eye, centered between feathered wings. (Default)
From: [personal profile] archangelbeth
Well, the picture that goes with "not a woman here" is presumably of a specific area where women were denied the vote, so we can pedant right back there...

O:D

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