Current state legislative and congressional support for using tax money (vouchers or grants) to support students or programs at faith-based religion institutions is disappointing and underscores the need for better education in respect to a fundamental American principle--separation between religion and government. Even more discouraging is the lack of response clearly expressing the constitutional principle in opposition to use of tax money for involuntary support of religion and religion institutions. The following is a documented summary of the meaning of the religion commandments of the Constitution of the United States, in the words of James Madison, who personally helped write both the Constitution and the First Amendment.
The essence of government is coercion. The essence of the Constitution's religion commandments is voluntarism in matters of religion: "no religious test" (Art. 6, Sec. 3.) and "no law respecting an establishment of religion" (First Amendment). In America support of religion is to be voluntary. Taxes are not voluntary contributions. Tax money is for public institutions which are owned by citizens of all religions, or of no religion, and should not be given directly or indirectly to any faith-based organization. "What is directly prohibited cannot be indirectly permitted, lest the Establishment Clause become a mockery" (Abington v. Schempp, 374 U.S. at 230).
The discussion is not new. In 1785 James Madison distributed throughout Virginia his "Memorial and Remonstrance" against use of tax money for "teachers of the Christian religion," which would also "employ Religion as an engine of Civil policy" (Papers of James Madison, 8:298-301).
On February 21, 1811, President Madison vetoed, as unconstitutional, a bill passed by Congress that would provide for the education of children, but would also "be a precedent for giving to religious Societies as such, a legal agency in carrying into effect a public and civil duty" (Papers of James Madison, Presidential Series, 3:176).
On February 28, 1811, President Madison vetoed, as unconstitutional, a bill passed by Congress that "comprises a principle and precedent for the appropriation of funds of the United States for the use and support of religious societies" (Papers, Presidential Series, 3:193).
Shortly after the vetoes, Baptist churches from Cumberland and Johnston counties, North Carolina, wrote to President Madison approving of his veto relating to the Baptist church, because the law passed by Congress was "not consistent with the spiritual interest of Religion and that the tendency of such a procedure if perpetuated would inevitably give to Religious Societies an undue weight and corrupt influence in public affairs at large and diminish Religious enlargement impairing our Civil and Religious liberties and in fine [in the end] contaminate our national morals[,] we therefore desire to assure you that we entertain a high sense of and confidence in your illustrious objection against the Bill wherein we humbly conceive as eminent an instance of patriotism have displayed as in any occurrence of the kind." (Papers, Presidential Series, 3:292-293).
In a June 3, 1811, letter, President Madison replied to the Baptists: "Having always regarded the practical distinction between Religion and Civil Government as essential to the purity of both, and as guaranteed by the Constitution of the United States, I could not have otherwise discharged my duty on the occasion which presented itself" (Papers, Presidential Series, 3:323-324).
After leaving the presidency, James Madison, "Father of the Constitution," wrote: "Strongly guarded as is the separation between Religion and Government in the Constitution of the United States, the danger of encroachment by Ecclesiastical Bodies may be illustrated by precedents already furnished in their short history" ("Detached Memoranda," William and Mary Quarterly, 3:555). Go to a college library and read Madison.
Copyright 2005 Gene Garman