So Christine O’Donnell denies that separation of church and state is in the Constitution, and a law school audience gasps at her “gaffe.” Besides being another confirmation of my negative opinion of the legal profession, this is a good opportunity for going over the First Amendment’s “Establishment Clause” on religion. Just what does the clause say?
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
I don’t see the words “separation of church and state.” Enough Supreme Court justices, from Hugo Black onward, imagined that those words were there, and through their vivid imaginations they ruled that the First Amendment meant “separation of church and state.” For those who follow in the footsteps of Justice John Marshall and support the tyranny of the federal court system, this is the end of the matter. Those individuals with more critical minds will ask whether the original intent of the Founders was to separate church and state. Now the deist Thomas Jefferson referred to “a wall of separation between church and state,” but that is not in the constitution. What the First Amendment does is forbid an established church such as the established churches still found in some European countries. It also allows freedom of religious expression. There is no justification in the Constitution for what the later Father Richard John Neuhaus called “the naked public square,” that is, the public realm stripped of all religion. Atheists and secularists, who often time are more haters of God than nonbelievers in God, have erotic dreams about removing religion totally from the public square, as if their position is truly a “neutral” position. Their position is not neutral; rather it is positively secularist and anti-religious in orientation. This was not the intent of the Founding Fathers. Many of them were deists, true, but they still believed that a religious populace was a necessary check on rabid individualism that could lead to moral chaos.
O’Donnell’s critics will say “The Constitution means what the Courts say it means.” I cannot argue with people who support judicial tyranny. And for postmodernists who deny that there is any meaning to any text other than what the reader says the text means, I have no rational arguments to use against people who are fundamentally irrational. Although I’m not the biggest fan of Rush Limbaugh, there is one statement he says that makes lots of sense: “Words mean things.” Words are not arbitrary in meaning, and that includes the words of the Constitution. The fact that judges have read into its words things that are not there does not change the fact that the Constitution has an original meaning. And that meaning does not include “separation of church and state.”