Since the Technician understandably shortened my letter to the editor concerning Emily Duncan's column regarding church-state relations and President Bush's reelection here it is in its entirety:
From the New York Times to the Washington Post, columnists in some of our nation’s most respected newspapers have been in an uproar – particularly with regards to the threat posed to American civil society by the so-called “religious right” which has been emboldened by George W. Bush’s reelection. Emily Duncan’s column is representative of many of the objections being raised by the likes of Maureen Dowd and E.J. Dionne – conservative Christians, under the leadership of President Bush, have “taken over American politics” and plan to wage a religious war – or in Dowd’s case a “jihad” – in order to impose their moral values on America. This development, the argument runs, poses a fundamental challenge to the integrity of our system - eliminating our nation's historic respect for church-state separation - as the Bush administration and Congressional Republicans plan an assault on our nation's moral "progress" over the past century - particularly in the realm of abortion rights and Roe v. Wade.
A major problem with this line of thinking is that it assumes President Bush aims at overturning Roe in the first place. If Bush plans on doing so there is little evidence from the past four years to corroborate the idea. Funding for Title X – which includes appropriations for Planned Parenthood – is higher than it was under the Clinton Administration. Federal funding of surgical abortions under Title XIX of Medicare has continued – with the consent of a Republican Congress – under Bush’s leadership. If this not convincing enough consider the President’s endorsement of incumbent Senator Arlen Specter over conservativechallenger Congressman Pat Toomey in a tight race in the Pennsylvania Senate primary earlier this year. Specter, a Republican Senator who champions human cloning, abortion rights, and played an instrumental role in keeping conservative Robert Bork off of the Supreme Court in the late 1980s, is in line to become the chairman of the powerful Senate judiciary committee – an entity that plays an instrumental role in judicialconfirmations. If Bush is interested in appointing judges that will overturn Roe why did he actively campaign for Specter? Answer: I’m afraid, as neoconservative columnist William Safire suggested on a recent edition of NBC’s Meet the Press: “There’s no turning back on Roe v. Wade” – particularly under the leadership of the present administration.
A second issue is the consistent misrepresentation of the Constitution and its relationship to religion in American life – misconceptions that were perpetuated by Ms. Duncan. Ms. Duncan writes that the separation of church and state is “one of the most essential and importantconstitutional liberties that protects Americans from tyranny” – one would think then, that the phrase, taken from a Thomas Jefferson letter to the Danbury Baptists, would actually be in our Constitution. Alas, it is nowhere to be found in the text of our founding document.
The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. The term “Congress” referring explicitly to the national legislature. The Ninth and Tenth Amendments gave all powers not delegated to the federal government in the Constitution to the states. This granted individual states power to conduct their own religious affairs. Thomas Jefferson recognized this fact explicitly in a letter written in 1808: “Certainly, no power to prescribe any religious exercise […] has been delegated to the General Government. It must then rest with the states, as far as it can be in any human authority.” Upon this thoroughly Constitutional foundation several states – Massachusetts and Vermont among them – maintained established churches into the 19th century.
Federalism would largely reign on religious questions up until 1947 when Justice Hugo Black brought “separation of church and state” into the national consciousness in a majority opinion written in the case of Everson v. Board of Education. Black’s opinion is a truly remarkable one in that he developed a distorted history with regards to the original intent of the First Amendment in order to give weight to his legal reasoning. Black’s history has largely become the conventional wisdom both in academia and media (Ms. Duncan’s column being another example) but it is as wrong today as it was over fifty years ago.
The original intent then of the First Amendment was not to separate church and state it was to build a wall of separation between the federal government and the states so a centralized power could not meddle in local jurisdictions.
James Lawrence
Sophomore
Biomedical Engineering