Kade,
First, sorry if this post is a bit long, but there is alot to address and I want to make sure I'm not misunderstood.
I think we're getting different interpretations of Paul's Amendment. Seems to me nothing in this text grants those acting as representives of government institutions any power to force beliefs on individuals. It protects private individuals and groups from being prevented free exercise. Seems to me you would agree with the meaning of Paul's Amendment, but maybe it was misunderstood because of how it's worded?
I have argued hear that his amendment is reactionary, and it obviously, to me and others, was made to "clarify" what 200 years of judicial process has found against establishment. The amendment is unnecessary, as the first amendment already protects the expression of religion, and as the courts have found, to keep in constant with the establishment clause, your right to expression stops only at the joining of your duty in the state, when you are employed or are in acting orders from the tax funded, people elected state. What reason is there for this amendment? If you argue that expression has always meant that the state should allow teachers to lead their students in prayer, I would argue that our progressive view of tolerance and diversity in this case defies that simple and questionable freedom of enforcement for the freedom FROM religious encouragement, especially even when impressed upon by tax paid officials.
In no way does the wording here seem to me to allow any person acting on behalf of government to plan, initiate, or lead prayer in schools. It seems in every instance where a right is protected, it is the rights of the people, individuals, or groups. In every instance where the government is mentioned, it's refering to what it's not allowed to do.
The wording is actually not about allowance, it is in general restrictive, and it would effectively put into question the Lemon test.
I'd guess many non- or anti- religious people might not notice, but there are incidents where students, as private individuals and groups, have been prevented from exercising thier religion, outside of class at school. The school's used the justification of "Separation of Church and State". Seems a pretty twisted interpretation of the First Amendment to me. The wording of Paul's Amendment seems to me directly responding to some specific cases. Just ask if you want me to cite them and I'll look them up.
This is a violation of the first amendment, and I have been extremely vocal in protecting the right of the students and the student groups in these cases...
AND so has the ACLU, for which I am a member (Oh no not a liberty lover!)
The ACLU of New Jersey (2005) filed a a motion to submit a friend-of-the-court brief on behalf of Olivia Turton, a second-grade student who was forbidden from singing "Awesome God" in a voluntary, after-school talent show. The only restriction on the student's selection for the talent show was that it be "G-rated." The case, filed in federal court, is Turton, et al. v. Frenchtown Elementary School, et al. www.aclu.org/religion/schools/20174prs20050920.html
The ACLU of Oregon (2004-05) filed suit on behalf of high school basketball players from an Adventist school against the Oregon School Activities Association, which administers competitive athletic and artistic competitions in Oregon high schools. The ACLU argued that the Adventist basketball players who have made it to the state tournament should not be required to play tournament games on Saturday, their Sabbath. The case, argued in Oregon courts, is Nakashima v. Board Of Education. www.aclu-or.org/litigation/portlandadventacademy/PAA.html
The ACLU of Massachusetts (2003) intervened on behalf of a group of students at Westfield High School who were suspended for distributing candy canes and a religious message in school. The ACLU succeeded in having the suspensions revoked and filed an amicus brief in a lawsuit brought on behalf of the students against the school district. Students who were suspended include Daniel S. Souza, Stephen J. Grabowski, Sharon L. Sitler and Paul Sitler. www.aclu.org/studentsrights/expression/12828prs20030221.html
The Iowa Civil Liberties Union (2002) publicly supported a group of Christian students who filed a lawsuit against Davenport Schools asserting their right to distribute religious literature during non-instructional time. The ICLU filed a friend-of-the-court brief in the suit on behalf of the students. www.aclu.org/studentsrights/religion/12811prs20020711.html
And many, many others... you guys are making the wrong kinds of enemies with the continued assault on this definition of Freedom..
Keep pushing.
"Freedom of Religion" is based on "Freedom of Conscience". Meaning freedom to believe what you want. The First Amendment is suppose to prevent the Federal Government endorsing, discouraging, rewarding, or punishing people based on what they believe. Just as "Freedom of Speech" doesn't mean protection from hearing other people's speech, "Freedom of Religion" doesn't mean protection from hearing about or seeing other people's religions.
Now, if you believe the Federal Government should have the authority over the States to interprete and enforce the First Amendment, this is where it seems Paul's Amendment supports your cause and I disagree with it. The wording of the First Amendment was clearly not originally intended to apply to the States, but to the Federal Government. Paul's Amendment adds the words "any State", and I'm against that. But I'll support Paul anyway, because he is the only candidate that seems to honestly care about making the government obey the Constitution. So far, that outweighs everything else I disagree with him on.
It amounts to "any state" must not infringe on the constitutional right of teachers and officials to lead their class in their type of prayer, even if your tax payer money pays these folks, even if you can't change your school because of districting...
Nice.
The Constitution of the United States was intended to be a delegation of powers to the Federal Government by the People. It was intended that the Federal Government would have no rights not granted in the Constitution. Nothing in the Bill of Rights restricted any powers held by the Federal Government. It was added only to clarify specificly powers the Federal governmet didn't have.
Apparently, I am the last person here that I can see who needs a history lesson... but if you think I'm missing something, enlighten me please.
You are not converting someone to limited government, you are trying to convince me that we need a re-clarification of the first amendment and the findings of the courts against state enforced establishment.
But Supreme Court precedents have twisted the meaning of Amendments, turning the Bill of Right from it's original purpose into a list of areas of Federal Authority over the States.
States are also granted power in thier State Constitutions, which we would hope all reiterate freedom of religion. I don't believe it correct for any State Government to hold more power over religion than the Federal Government. After all, if private individuals and groups don't have the right to control what I believe, how can they delegate that right to government?
Sadly, I agree with you and at the same time believe that this was a necessary evil. In cases that demand the federal government enforce the states to protect freedoms, I support the federal government. This was because states were abusing, openly and without warrant, constitutional rights. It was decided upon, EXTREMELY early, even by the unfavorable court before the 19th century, that the establishment clause applies to the States as well... If you think it doesn't that is a different argument. IF it does, then the federal government has the right to step in in order to "untangle" any power the church might have over that state... Tax payers money to church related activities is establishment. State officials, like teachers and principals, preaching to homeroom, is establishment.
But just as the battle over the proper powers of the Federal Government belongs to the People of the United States, the battle over what powers a State Government holds belong to the Citizens of that State.
Agreed, as one of these "people" in the United States, I would like to see far less government interaction in economic and civil liberties, stepping in only to enforce those rights that have been progressively understood to be applied... namely the right to privacy, the right to conscience, and the right for my tax money to stay out of the pockets of religious organizations.
Again, although no government should have the power to endorse or force people to participate in religion, the First Amendment was not originally intended to grant the Federal Government any authority over State Governments in the area of Religion. Far from it. It was to clarify the Federal Government was specifically not granted authority in this area.
Thanks for your patience with my long-winded reply.
I disagree. This is the ultimate and most debatable opinion yet... it all comes down to this...
Madison's original draft of the Bill of Rights included provisions binding the States, as well as the Federal Government, from an establishment of religion. The house did not pass it...
Ironically, part of the decision came when the courts ruled to outlaw Polygamy. Reynolds vs. US, gave us the clearest view of the federal ruling on what constitutes establishment and the states abilities to foster those establishments...
Jefferson drafted a bill against the court finding... rightfully so... It was an example of over judicial boundaries in my opinion...
The test came with the Constitution of Massachusetts, in a period literally known as "The Establishment of Religion in Massachusetts". Connecticut also had an establishment of religion...
It would have to be decided here if the establishment clause extended to the states, the abuse was apparent then, as it should equally be now, and the idea was born that the first amendment applies to the states as well, it goes both ways my friend... if a state can establish religion, because it is not congress, it can also bar religion completely.... Since congress has no hand in the state law, you could not hold the state accountable for violating any constitutional rights...
The first amendment had to be expanded in these test cases to include the state governments establishment of religion. Otherwise, a state can also simply BAN religion altogether (disagree, read the first amendment again).
The fourth amendment firmly established the bill of rights as a stamp on the States, no states can deny the rights in the bill of rights now... and that is good law... including establishment. Local tax payer money, state tax payer money... any tax payer money mixed with any religion is establishment.
You have all failed in your arguments, but keep pushing please.