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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Letter: Bill of Rights being nullified by new law
President Obama signed the National Defense Authorization Act on New Year’s Eve. I doubt many Americans noticed its implications because they do not yet comprehend the big picture. This law, coupled with the Patriot Act, is paving the way for America’s direction toward tyranny.
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Letter: $14 trillion debt started by previous president
I’m a proud atheist who’s lucky enough to know the difference between fact and fantasy.
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Letter: Economy putting people in the gutters
We are now getting the results of putting people in the gutters. We need to take a second look at our government and its policies. It’s not working.
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Viewpoint: Look at Creation Museum from an educational, scientific perspective
I encourage any and all who have interest in this vitally important topic to “go to the source,” to invest the time and energy into exploring The Creation Museum for themselves.
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Letter: Blame the voters for our Congress
Why is insider trading legal for Congress and illegal for the rest of us? They make and enact laws for all of us, but then exempt members of Congress. Somehow this doesn’t seem to pass the smell test.
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Letter: Smith’s firings appear vindictive
Anderson is a city of negative publicity and actions. Why else is Sears leaving? Can we stand four years of vindictive actions and negative reporting?
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Letter: Planned devaluation of dollar is coming
I’ve submitted letters regarding the existence of a global elite for years now. I’m now submitting another one in which I hope readers will take note of.
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Viewpoint: Myra Kraft inspiration for Patriots
If there was one good reason for the Patriots to win the Super Bowl, it would be because of what I had read.
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Viewpoint: Anderson a microcosm of America
Wherever I have found comments that I felt were outside the values I believe in or were plain misinformation I have spoken out. At times that has been done with a lack of eloquence.
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Viewpoint: Problems in Anderson go back to President Carter
On Jan. 21, Frank Couch of Anderson stated that political conservatives “just don’t get it.” He sort of indicates Sears’ closing in Anderson is due to the new mayor being Republican.
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Letter: Bill of Rights being nullified by new law
