.

Saturday, February 16, 2019

American Secularism: Intent Analysis Essay -- Politics, The Separation

Dwight Eisenhower once wrote that, Without God, on that point could be no Ameri rear form of government (Forbes, 2009 1). Decades later, in a speech in Turkey, President Barack Obama claimed that America does not consider itself a Judeo-Christian nation. Modern arguments about the separation of church and state scarper to seize upon such statements. But neither opinion can in truth elucidate the true nature of American secularism (or lack thereof). Instead of criticizing Eisenhower for breaching that unreal environ of separation, or President Obama for conducting an arbitrary public opinion analyze during a speech, focus must shift to the Founders. Specifically, the words of Thomas Jefferson and pile Madison, those men most widely documented on this issue, must be examined. From the synthesis of these mens views, the documents they had a leading role in crafting, and historical perspective, a vision of American religious freedom is apparent. With the Constitution, the Framers engraftd bold, possible boundaries for the interaction of organized religion and the federal government (Jeffersons wall). But they did not envision the federally mandated walls that currently stand amidst the (local) public square and basic religious manifestations or practices. A narrower interpreting of the Establishment clause is closer to what was instituted by the Framers. This paper volition contest that a wall of separation between church and (the federal) state was erected alone insofar as the Constitution dictates it in the religion clauses. It will in addition posit that the present interpretation of that separation is a thoroughly novel construct built by modern society and actions of the federal government. This will focus around two main arguments that federal... .... This divergence is the result of an front to enlist the Framers in a defense of certain positions positions based in legal frameworks never enacted by those men. If these arguments are accepted , a reevaluation of federal attitudes is in order. Rolling back a century of incorporation doctrine would be both impossible and foolish. But the executive can refrain from prosecuting states who institute laws that appear within the realm of state sovereignty in the stadium of secularism. Ultimately, of course, the decision will rest with the courts. If the arguments presented here (and similarly elsewhere) are accepted, an choke in judicial interpretation of the Establishment Clause should be undertaken by the judicial branch. Thus a legitimate debate over secularism can begin that does not inaccurately shroud modern constructs of secularism in the halo of the Framers.

No comments:

Post a Comment