Brent--

It is my understanding that your interpretation below is the
Constitutionally correct one, at least until the Gitlow case
in the 1920s began the "incorporation" of the Federal Bill of
Rights into the State Constitutions.

Professor Finkelman is our resident Constitutional
historian--perhaps he would be so good as to enlighten as
further?  How about it, Paul--inquiring minds demand
instruction!  Profess! :)

All my best,
Kevin

---- Original message ----
>Date: Wed, 7 Dec 2005 10:05:59 -0500
>From: Brent Tarter <[log in to unmask]>
>Subject: Re: Religious freedom?
>To: [log in to unmask]
>
>The First Amendment (not the original Constitution) actually
states:
>"Congress shall make no law respecting an establishment of
religion, or
>prohibiting the free exercise thereof." The words "freedom of
religion"
>are not in the Constitution or the First Amendment.
>
>Which raises an interesting question: What did the members of
Congress
>intend when they wrote that "Congress shall make no law
respecting an
>establishment of religion"? We assume the words means that
Congress may
>not establish one. But it is also logical and grammatical to
assume that
>Congress could not disestablish one or make any law that
countenanced or
>discountenanced or altered any state's laws "respecting"
church and
>state.
>
>Brent Tarter
>The Library of Virginia
>[log in to unmask]
>
>Visit the Library of Virginia's web site at
http://www.lva.lib.va.us
>
>-----Original Message-----
>From: Discussion of research and writing about Virginia history
>[mailto:[log in to unmask]] On Behalf Of jadams957
>Sent: Tuesday, December 06, 2005 9:36 PM
>To: [log in to unmask]
>Subject: Re: Religious freedom?
>
>Here we go again.
>The Constitution says FREEDOM "OF" RELIGION, not freedom from
religion.
>Learn what the prepositions mean. If everyone will remember
that our
>President tried to explain the meaning of IS. Law has gotten
to the
>point of being an English lesson. Our forefathers designed
our statutes
>to codify the separation of religion and to not have a State
religion,
>but allow the worship of the Christian doctrine, as
represented, in the
>1700's as the concept worth fighting our cousins the English.
Maybe if
>we pay attention to the teaching of the values and the
beliefs our
>country was built upon the NEED for private schooling would
not need to
>be in such great demand.
>This also goes for West Virginia not being in existence
before 1863.
>Thanks
>John Philip Adams
>
>To subscribe, change options, or unsubscribe, please see the
instructions
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Kevin R. Hardwick, Ph.D.
Department of History
James Madison University

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