1. The Supreme Court of the United States decision which clearly states: "No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion" (Everson v. Board, 330 U.S. at 15, a copy of which can be found at many libraries and law offices and probably on the internet).
2. The Feb. 21, 1811, veto message of James Madison in which he said: "Governments are limited by the essential distinction between civil and religious functions." Then, Madison very specifically stated why he objected to and vetoed the bill passed by Congress: "Because the bill vests . . . an authority to provide for the support of the poor and the education of poor children of the same, an authority which . . . would be a precedent for giving to religious societies as such a legal agency in carrying into effect a public and civil duty" (Writings of James Madison, 8:132).
3. The Feb. 28, 1811, veto message of James Madison in which he said that another bill passed by Congress was unconstitutional: "Because the bill . . . comprises a principle and precedent for the appropriation of funds of the United States for the use and support of religious societies, contrary to . . . the Constitution" (Writings of James Madison, 8:132).,/P>
(Because most folks do not have a copy of the Writings of James Madison on hand, boot up the following page on my website for the complete copy and legislative history of the veto messages: James Madison's Veto Messages)
4. The following statement from James Madison's "Detached Memoranda" in which he wrote: "Strongly guarded as is the separation between Religion and Government in the Constitution of the United State, the danger of encroachment by Ecclesiastical Bodies, may be furnished by precedents already furnished in their short history" (William and Mary Quarterly, 1946, 3:555).
5. The following statement from James Madison's "Memorial and Remonstrance" against religious assessments: "It is proper to take alarm at the first experiment on our liberties. . . . The freemen of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much, soon to forget it."
(Because most folks do not have a copy of Madison's "Remonstrance" or the William and Mary Quarterly on hand, request a copy of Madison's "Detached Memoranda," which is in my free book America's Real Religion, by booting up the following url: http://www.americasrealreligion.org.)
6. Public money is for public institutions.
7. It is "religion" which is not to be established by law or Congress, not just a church. The word "religion" is all inclusive --the "no law" stipulation means no law even "respecting" an establishment of "religion." The words "church and state" are not in the Constitution. Never use the misleading terminology "separation of church and state" as Chief Justice Rehnquist does. Proper constitutional terminology is "separation between Religion and Government" (James Madison's words). For further clarification of this point, boot up the first essay on my website ( http://www.sunnetworks.net/~ggarman/renabuse.html ).
8. "It is hardly lack of due process for the Government to regulate that which it subsidizes" (Wickard v. Filburn, 317 U.S. at 131).
9. "We have staked the very existence of our country on the faith that complete separation between the state and religion is best for the state and best for religion" (Everson v. Board, 330 U.S. at 59).
10. "What may not be done directly may not be done indirectly, lest the Establishment Clause become a mockery" (Abington v. Schempp, 374 U.S. at 230).
Gene Garman
America's Real Religion
www.americasrealreligion.org
Copyright 2001 Gene Garman