They too were rejected (a fact which progressives today have trouble explaining when they tell us separation of church and state is in the constitution.
That's no problem at all. Church and state had been separated since the ratification of the Constitution. There was no need for redundant findings by the Supreme Court.
Separation of church and state is in the Constitution. You can deny whatever you like Voegelin. What you can't do is change clear history.
the reason it wasn't is because most of the states had established churches.
A matter which was resolved following "An Act for Establishing Religious Freedom in Virginia, which said, in part:
"[T]hat no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no way diminish, enlarge, or affect their civil capacities."
Once the state church in Virginia was disestablished, the state churches of the other twelve states soon followed. We have had no state churches since the ratification of the Constitution because it's never been constitutional.
Church and state were not often separated.
Not until the Constitution was ratified.
Fisher Ames, Patrick Henry, Roger Sherman, John Adams and others worried that if the Federal government did become involved in religion, it would take power way from state churches. That was the reason for the first amendment.
No it was not. Religious freedom was not some idea that was formed to protect state churches; that's a fairy tale. It was an idea that our founders debated quite a bit as they hammered out the amendments to the Constitution.
George Mason was asked in 1776 by Washington to draft the Virginia Declaration of Rights. He included in the first draft:
That as Religion, or the Duty which we owe to our divine and omnipotent Creator, and the Manner of discharging it, can governed only by Reason and Conviction, not by Force or violence; and therefore that all Men shou'd enjoy the fullest Toleration in the Exercise of Religion, according to the Dictates of Conscience, unpunished and unrestrained by the Magistrate, unless under Colour of Religion any man disturb the Peace, the Happiness, or safety of Society, or of Individuals. And it is the mutual Duty of all, to practice Christian forbearance, Love and Charity towards Each other.
The Virginia Declaration of Rights, which was adopted in 1786, was modeled after the Bill of Rights, which lends credence to the view that church and state separation was our founders' intent from the beginning.
Jefferson wrote an addition to the Act that reprimanded the magistrates and judges for not enforcing, upholding or creating laws that would coerce their own religious ideas upon others, calling their actions "sinful and tyrannical," even if they were forcing a person to follow their own beliefs. It read:
[T]hat no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no way diminish, enlarge, or affect their civil capacities.
He warned lawyers would use the first amendment to repress the free exercise of religion. And he was right. They have.
There has been no repression of the free exercise of religion. Only church institution intrusions into our government have been struck down, and quite rightly.
Fisher Ames, who helped draft the first amendment
Not even in the Encyclopedia Brittanica is there any mention of Ames helping to draft the First Amendment. Wikipedia, too, is silent on the issue except to say that he "accepted the Bill of Rights".
He said he and his fellow Federalist had overestimated the morality and virute of the people, he wrote that the vicious ( a reference to Jefferson) had joined forced with the ignorant and destroyed the vision of the founders.
It's quite clear that the "vision of the founders" was not a vision of church and state intruding into the other's respective territories, but religious freedom that is protected through government non-support of religion.
Reality
does seem to have a liberal bias after all.
Ringo