Andy Abshire’s piece about “church-state separation” was very interesting in what it said about the “myth,” but especially in what was left out about the amended Bill of Rights, which limits both state and federal power.
Abshire’s argument was that the original intent of the Bill of Rights was to apply only to the federal government. True, but not pertinent since the end of the Civil War. Under the 14th Amendment (1868), the Constitution was amended to, among other things, apply substantially all of the Bill of Rights to the states (the “Privileges and Immunities Clause”). Thus, in interpreting the Bill of Rights, we cannot merely look to the original intent; we must look to the original intent as subsequently amended. As amended, the Bill of Rights clearly applies to limit federal and state government reach.
The original intention was to leave almost all legislation concerning religion and morality to the states. But in the 1940s, through the application of the Bill of Rights and the 14th Amendment by the Supreme Court, the Constitution began to be used to invalidate religious legislation of the states. That’s the rub!
In the Court’s 1947 Everson decision, Justice Hugo Black wrote, “In the words of Jefferson, the clause against establishment of religion by law was intended to erect a wall of separation between church and state.”
This “established law” was called a “myth” by former Chief Justice William Rehnquist, but he left it alone. Why, if a “myth,” one must ask? Why?
Bill J. Paschal
Muncie
Letters
Letter: Bill of Rights limits state government reach
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