Stok wrote:
The intent of Amendment I was to ensure that the United States Government would not establish the Catholic Church or any church as the offical church of the country. The intent was not to take religion out of society, nor was the intent to remove the acknowledgement of God from the public venue.
Hmmm... still have to disagree. If that was the case, they wouldn't have said that congress shall "pass no law". They would have just said congress shall not "make the law" an establishment of religion...
Declaring a state religion is a single "law". A single act. The implication behing the phrasing was that they can't just not make an establishment of religion "the law", but they shall pass "no law". I agree that the intent very much was not to take religion out of society. But it was very cleary worded to prevent religion from undully influencing the government. I would think declaring the nation to be "under God", is a pretty clear example of influence, right?
One need only look at the change in our view of the subject since the phrase was added. Most poeple think it was always that way. How many times have we had a debate where someone insisted that our nation was founded "under God"? How often has the existence of that phrase in the pledge been used as justification for that belief?
I think that alone is plenty clear evidence that the inclusion of that phrase does influence the governent. It makes "the people" believe that the government is "under God". It then makes it easier for folks to see no harm in pushing other (more dangerous) religious practices into our government. After all, why shouldn't a nation "under God" allow prayer in school? Tell me that's not influencing things...
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IMO the problem with being so vague in the wording of the Amendment is that it allows for these nit picking issues to influence the interpretation of the constitution.
I agree. It's definately worded a bit vaguely. However, I still believe that most of the reason for that is because the language has changed. That use of the term "respecting" isn't really common any more. Also, folks do confuse the "establishment of religion" with "establishing a religion". The first simply revers to any established religion (doesn't have to be state sponsored. It just has to exist). The second refers to actually adopting a religion in an official way (state sponsorship). Heck. You took the same argument. I disagree with your interpretation, but I can see why you might make it.
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If the first amendment truly meant all references to God where to be removed from government then we would have never become the country we are today.
Again, I have to disagree.
First off, you are strawmaning the argument. No one's saying that all references to God must be removed from government. What we are saying is that you can't pass a law *requiring* a reference to god. The pledge is adopted by an act of congress. Thus, it's a legal mandate. I have no problem with people choosing to add their own words to the pledge if they want to, or choosing to say a prayer if they want to. However, the "official" pledge, that we teach in our public schools, and recite every day in non-religious ceremonies, should not contain a reference to God.
I'm fairly certain we would still be the same nation without the pledge the way it is. You're aware it was changed in the last 50 years, right? So we managed to go through the initial growing pains as a nation, shrugged off a couple of rebellions, formed a stronger federal government, fought a civil war over the strength of said federal government, built up an industrial strength that allowed us to fight through two world wars, all without having a pledge that contained the words "under God" in it. Amazing!
In fact, one could argue that our nation has gone down hill since the addition of those words to the pledge.
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However at the rate we are going with this loose or hard line interpretation of the constitution (depending on your point of view) we are getting closer and closer to George Orwell's 1984 each time an arguement such as removing the words "Under God" from the pledge of allegience takes center stage and erodes the Majorities freedom of speech and expression.
I'm a bit confused by this though. How does not forcing people to make a religious statement in a pledge *restrict* freedom of speach. Restricting freedom of speach is when you pass laws that either prevent people from saying what they want, or require them to say something they dont want to say. Removing the phrase from the pledge does not prevent anyone from saying it differently if they want to keep using an "unofficial" version. What it does do is stop forcing people who don't agree with the "under God" phrase to have to say it every single day in public (non-secular) schools.
I really really really would like to understand what you think Freedom of Speach means if that's you take on it. I would also argue that forcing shoolchildren to acknowledge some higher power in control of their nation is close to an Orwellian future then not doing so. But that's just me...