[EMAIL PROTECTED] wrote:
Although perhaps difficult to draw, in every case, I think there's a distinction between establishing religion in the sense of recognizing only one official church and expressing that church's religious values into law and simply wanting to express that the new republic acknowledges its dependence (in several different senses of course) on God. In other words, three distinct proposals seem possible. First, the new republic will establish religion (and religious law) as the law of the republic. Second, the new republic recognizes the role of God in human morality and politics, especially, as the argument goes, democratic politics without requiring from the start the _expression_ of God's role into law. And finally, the new republic rejects any relation necessary (or formally required) relationship between religion and government. Of course, a fourth possibility exists, namely, the Constitution of the new republic is simply silent on the relationship between religion and government, neither embracing it or rejecting it. The Constitution's silence can be understood as embracing the fourth possibility, not the third. Nevertheless, it seems odd (that is, worthy of explanation if not necessary) that the Constitution of a deeply devout population would simply be silent on the issue of God. If so, some explanation seems desirable, if not absolutely necessary.In a message dated 1/30/2005 12:39:18 PM Eastern Standard Time, [EMAIL PROTECTED] writes:Some New England antifederalists complained that the Constitution did not establish religion.BobbyRobert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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-- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED]
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