Rambing about the Pledge and walls and so on. I received a nice note from a person in C' ville, VA (when I lived in the
Valley, we referred to Charlottesville as 'hookville' because the C looked like a hook when abbreviated.) disagreeing with me on the Newdow (pledge) decision. The reader writes "Church and state should be separate and 'under God' clearly violates this this supposed separation."
I agree that the church and state occupy different spheres (see
Augustine, City of God), nevertheless, these spheres cross over from time-to-time (especially in an expanisve state like we live in now.*). Accordingly, strict separation is both impossible and unwise, not to mention, not a constitutional doctrine.
The framers, whether by happy accident or shrewd foresight barred the establishment of religion by law of Congress. The framers did not mandate a total separtion of religion and state. I believe that the framers recognized that religion was necessary to government (see, for example, the
Northwest Ordinance: "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind. . ." therefore would not seek to exclude it.
Moreover, it should be noted that the national charter is not the U.S. Constitution, it is rather the
Declaration of Independence. (The Constitution, of course, replaced the
Article of Confederation. The second self-evident truth set forth in the Declaration is that all are "endowed by their Creator with certain unalienable rights. . ." The "representatives of the United States of America, in General Congress assembled, appeal[ed] to the Supreme Judge of the world for the rectitude of [their] intentions . . ." Finally, their pledge was issued "with a firm reliance on the protection of Divine Providence. . ." Accordingly, I believe, the phrase "under God" as used in the Pledge of Allegiance is fully consistent with the national charter and is a statement of fact and not a matter of religion.
The phrase "under God" was used by Abraham Lincoln in his
Gettysburg address (". . .that we here highly resolve that these dead shall not have died in vain, that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.") which itself references not the Constitution as the charter of the U.S., but the Declaration (calculate the fourscore and seven years). Therefore, there is all a poetic symmetry that weaves its way throughout.
Now, one may object to the use of the phrase in the Pledge. If so, the proper thing to do is to seek to amend it. However, this is not what Mr. Newdow tried to do, rather he is attempting to impose his views of the constitution and his religion on the people of the United States. Moreover, there is nothing in the Constitution which supports this view. Rather it is a series of Supreme Court decisions that have gone seriously off-kilter from the words and intent of the framers (not to mention the national charter).
And I understand those of you who are devoutly religious or non-religious who object to this phrase in the pledge. I almost agree with you, for the reasons stated in James Madion's
Memorial and Remonstrance:
. . . for it is known that this Religion both existed and flourished, not only without the support of human laws, but in spite of every opposition from them, and not only during the period of miraculous aid, but long after it had been left to its own evidence and the ordinary care of Providence. Nay, it is a contradiction in terms; for a Religion not invented by human policy, must have pre-existed and been supported, before it was established by human policy. It is moreover to weaken in those who profess this Religion a pious confidence in its innate excellence and the patronage of its Author; and to foster in those who still reject it, a suspicion that its friends are too conscious of its fallacies to trust it to its own merits.
Based on
this essay by Arthur Schlesinger Jr., it appears that President Theodore Roosevelt had similar doubts:
T. R. expressed his "very firm conviction that to put such a motto on coins . . . not only does no good but does positive harm." His objection to "In God We Trust" was not constitutional; it was aesthetic. He felt that the motto cheapened and trivialized the trust in God it was intended to promote. "In all my life I have never heard any human being speak reverently of this motto on the coins or show any sign of its having appealed to any high emotion in him," he wrote. Indeed, he added, "the existence of this motto on the coins was a constant source of jest and ridicule." (my emphasis added)
Okay, I know I've gone on too long (I've got to to my share of 'blithering' to keep my title -- the idiocy comes effortlessly), but I did want to thank
Jason Steffens for his link to the
essay in the NYTime this past weekend on the 'wall of separation' phrase. When reading this last night, I recalled that Roger Williams was the souce of the metaphor and made a note on Steffans blog to that effect. I went looking through my books and didn't find the reference I recollect, but did come across this quote that rings true in my memory, but I don't have a source:
When they have opened a gap in the hedge or wall of separation between the garden of the Church and the wilderness of the world, God hath ever broke down the wall itself, removed the candlestick, and made his garden a wilderness, as at this day. And that therefore if He will e'er please to restore His garden and paradise again, it must of necessity be walled in peculiarly unto Himself from the world...
Since I don't have the source of that, consider it dubious for now, until I can back it up (or if someone else has it). In addition, consider
Rich Hailey's comments and quotes on the Jeffersonian correspondence.
See also,
this Rehnquist dissent for a critique of the the Court's use of the "wall" metaphor. From Wallace v. Jaffree, 472 U.S. 38 (1985).
Last, here's a
piece on how the phrase got into the pledge.
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endnote (for a blog, of all places):
*Justice Rehnquist accurately notes in his
Thomas v. Review Board dissent: "First, the growth of social welfare legislation during the latter part of the 20th century has greatly magnified the potential for conflict between the two Clauses, since such legislation touches the individual at so many points in his life."