Contrary to popular belief, our founding fathers never intended for there to be a "separation of church and state" in this country. Many people think that the phrase is found in the Constitution. This, however, is not the case. The only reference to religion found in the Constitution is the First Amendment. Brief and to the point, it states: "Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof". The phrase: "separation of church and state" cannot be found in any historical document pertaining to laws and the founding of the country. Before the origins of the phrase are disclosed, some background information about the founding fathers and the country's origin must be examined.
The birth of the nation occurred on July 4th, 1776 when the Declaration of Independence was signed and adopted by Congress. Its purpose was to announce our independence from the British Empire. This historic document both opens and closes with citations to God. Additionally, the second paragraph consists of one of the most famous sentences ever written: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights" In total, the Declaration of Independence has four references to God.
When the birth of the nation is discussed, it is natural to talk about the Constitution and the Declaration of Independence. A disservice would be committed if George Washington, the father of our nation, was not mentioned as well. George Washington had strong religious convictions. When first taking the Oath of Office President Washington, with his hand on the bible, added "so help me God" to the end. This was unscripted, yet it set a precedence that every American President since has followed. By doing this, he also created the phrase said in courtrooms across country to this day. With the nation less than a year old, he proclaimed, "it is the duty of all nations to acknowledge the providence of Almighty God". More on topic, he once stated, "True religion affords to government its surest support".
Even in death, President Washington pays tribute to God in the Washington Monument. Inside of the base of the towering structure is a copy of the Declaration of Independence, the Constitution, and the Holy Bible. Carved into some of the blocks that makeup the monument are the phrases, "holiness to the Lord", "search the scriptures", and "in God we trust". Finally, on the capstone is the expression: "praise be to God".
The Capitol Building where our Congress meets to create laws has evidence of the founding fathers' intentions of having religion front-and-center in American life. Since 1800, Presidents and Congressmen have religious services inside of the Capitol Building. In 1950, a full-time chapel was created inside of the Capitol for lawmakers to utilize for prayer and worship.
With these solid religious fundamentals, it is mind-numbing to reflect on the current state of affairs, where there is no place in the classroom for the Bible and Ten Commandments. The source of this transgression lies in the 1878 Supreme Court case: Reynolds v. the United States. As part of its ruling, the court declared "a wall of separation between Church and State may be accepted almost as an authoritative declaration of the scope of the First Amendment". There it is, the separation of Church and State!
With Reynolds, the court had to interpret the meaning of the First Amendment, which again states: "Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof". Sometimes when interpreting the Constitution, Justices will read other writings of the authors of the Constitution to help make sense of the meanings behind their writing. In this case they used a letter written by Thomas Jefferson, to interpret the First Amendment. In the letter, Jefferson wrote: "building a wall of separation between the Church and State".
The problem with using Jefferson's letter to interpret the First Amendment is that Thomas Jefferson was not the author of the First Amendment, or any other part of the Constitution. The person who penned the First Amendment was James Madison. It is inconceivable, that the Supreme Court would use a personal letter written by Jefferson to gauge what Madison was expressing in the First Amendment. Yet it was done, and has lead to some grievous precedence that continues to bind this nation to this day.
Instead of using Jefferson's writings, the court should have examined the fact that when writing the Constitution, the authors started each session off with a prayer. They should have examined the personal life of James Madison and how he attended Church services inside of the Capitol Building. They should have taken note that Madison even proposed legislation to establish government-paid Congressional Chaplains. These are hardly actions of a man who intended for a separation of Church and State. But they either did not have this information, or they chose to ignore it as an early act of judicial activism.
Former Supreme Court Chief Justice William Rehnquist once said of the Court's radical interpretation of the First Amendment, "Unfortunately the Establishment Clause has been expressively freighted with Jefferson's misleading metaphor for nearly 40 years."
In the Supreme Court building where the separation of Church and State was established, there is a statue of Moses and the Ten Commandments, in both the lobby and in the courtroom itself. The Ten Commandments can even be found on the door leading into the courtroom, and every session of the Supreme Court has started with the prayer, "God save the United States and this honorable court."
With these facts established and the mindset of the founding fathers examined, one can easily see that the Supreme Court got it wrong. "Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof". This means that it is illegal for the Government to establish a National Religion. It does not mean that people should be afraid to worship in public or to express their religious convictions. Former Speaker of the House, Newt Gingrich said it best about the First Amendment, "these words were written to protect freedom of religion, not freedom from religion"



