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The True Meaning of the Establishment Clause - a Position Paper from the Center for Inquiry Office of Public Policy.pdf

July 9, 2009 · Filed Under Law  · Tags: ,

This position paper is available free thru Center of Inquiry website, author is EDWARD TABASH, ESQ.

Taken from Introduction: It is the purpose of this position paper to examine critically and objectively the intent of the Founders in proposing and adopting the First Amendment and, in doing so, to determine the proper interpretation of the Establishment Clause. We will begin by summarizing the arguments that have been advanced in favor of the nonpreferentialist interpretation. We will then consider the history behind the First Amendment, in particular the views and actions of Madison and Jefferson, whose beliefs about the separation of church and state are universally acknowledged as critical in understanding the intent of the First Amendment. We will also examine in detail the debates in the First Congress concerning the Establishment Clause and the evolution of the draft language as the Clause was considered by the House, Senate, and subsequently a conference committee. Contrary to the claims of the nonpreferentialist camp, the views of Jefferson and Madison, in combination with the evolution of the language of the Clause in the First Congress, demonstrate convincingly that Congress did not intend to permit government support of religion. Indeed, the First Congress explicitly considered and rejected draft amendments that would have prohibited Congress only from giving preference to one religion over others. When the views of Jefferson and Madison and the legislative history of the Establishment Clause are thoroughly examined, the conclusion that has the most historical support is that the Founders intended to prohibit any aid to religion and to require strict neutrality between believer and nonbeliever.

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