April 25, 2017

The U.S. Constitution's Establishment Clause and the actual dynamics between Church & State

      If there were absolute separation of Church and State in America, 
      there would have never been chapels on United States military bases.
      In light of this, consider the following commonly encountered scenarios.


1]  The police officer hired by the State directs traffic solely for the benefit of parish-
      ioners leaving a Sunday church service.  If there were the absolute separation of
      Church and State, there would be

              no police officers directing church traffic anywhere in America, and there
              would be chaos on State roads on Sundays, until the churches themselves
              provided traffic police, thereby taking over State functions.

2]  The detective hired by the state investigates the allegations of clergy abuse com-
      mitted upon parishioners.  If there were absolute separation of Church and State
      in America, the molestation of altar boys would have gone unchecked and have
      become an unstoppable pandemic.

3]  In 1844, Philadelphia-area Protestants, in their paranoiac hatred of a pope they
     never met, torched a Catholic Church.  In fact, they literally fired a canon at it.
     In response, soldiers employed by State rallied to the protection of  Catholics
     who, at the time, were hated with seething ferocity by certain Protestant sects.
     If there were the absolute separation of Church and State, there would have
     been either a massacre in Philadelphia or the start of a literal civil war there.

     The Conclusion is that the First Amendment Establishment Clause requires the
     State to make sure that its citizens are able to freely practice religion. 
     In the alternate:

1] Catholic, Quaker, and Episcopalian schools fulfilled the job of the State in edu-
     cating students in non-religion subjects such as mathematics, science, history,
     art, and literature.  This means that thereare religious institutions functioning
     as the State five days a week.  After all, the State enacted mandatory school
     laws, and religious institutions fulfilled said laws by educating many youth
     above and beyond the topic of religion.

                                                      Added note:

            When a private entity acts as the government, in being the surrogate
             of said government, it's known as  "acting under the color of law."
             You can sue the federal government for a civil rights violations com-
              mitted by a private institution acting under the color of law.

2] Catholic and Protestant charities of varying sort fulfill the job of the State in going
     to the aid of hurricane victims, even to the point of receiving federal dollars in the
     process.  In fact, the Catholic Church, for years, received taxpayer dollars through
     social service government contracts.  In this capacity, churches have acted under
     the color of law.  Churches have become the surrogate of the government.

3] Catholic, Jewish, and Protestant medical facilities act under the color of law each
     time their facilities treat a patient sponsored by the medicaid program.

4] Catholic, Jewish, Moslem, Protestant, Hindu, Wicca, etc, chaplains are hired by
     the U.S. government, to care for the spiritual well-being of U.S. military person-
     nel.  They are not hired to establish any one religion.  Rather, they are paid to se-
     cure the religious rights of the military personnel who need chaplains, in order
     for their religious rights to be something real to them.

     During WWII, there were priests at the war fronts giving last rites to mortally
     wounded American soldiers and to anyone else caught in the line fire.  The gov-
     ernment of the United States funded the priests and the chaplains behind the
     front line, as well as the military chaplains in the States.  These chaplains
     were given military ranking.  They were a part of the government.
 
    Other observations involving the relationship between Church and State:

1] The television broadcast of Midnight Mass somewhere on Earth is governed by
     the FFC in America.  If there were the absolute separation of Church and State,
     the church would have to intrude on frequencies designated by the government,
     in order to broadcast to humanity.

2] The private jet which flew John Paul II and Benedict XVI throughout portions of
    America flew solely under the law of the FAA.  If there were the absolute separa-
    tion of Church and State, the jet carrying a pope would have crashed into another
    jet liner eventually, or else such a jet would have created aerial havoc.

3] The priests and nuns made homeless by a hurricane have the right to seek help
     from FEMA.  If there were the absolute separation of Church and State, then
     priests and nuns would freeze to death during blizzards, drown during floods,
     and remain without shelter after tornadoes. 

In addition:

It is a well known practice to begin a congressional session with a chaplain praying
before the session.  If there were the absolute separation of Church and State, then
no prayer of any kind would be heard in a congressional chamber.  It's simply that
the religions take turns in delivering the opening prayer in American congressional
chambers, because there is no established religion in America.

The Federal Judiciary Conclusion:  The phrase "Separation of Church and State"
is a misnomer.  Mention of it does NOT appear anywhere in the United States Con-
stitution.  Rather, the United States Bill of Rights has the Establishment Clause
which forbids the federal government or any State to establish an official state re-
ligion.  The same clause protects a citizen from having his religion outlawed, un-
less the religion involves criminal activity.

The First Amendment Establishment Clause guarantees that NO person will have
to support or adhere to a religion to which he does NOT want to belong.  It also
guarantees that a person willing to adhere to a specific religion will not be re-
quired by the government to violate his conscience in matters of faith & morals,
provided that the matter of conscience is in the religion's official doctrine. 

One more thing:

If the practice of a religion involves doing something illegal, then the religion is not
permitted to practice it.  The example classically used in federal court was the practice
of bigamy.  If a religion allows bigamy, members of that religion are not permitted to
practice bigamy in the United States.

In the inverse, if an activity mandated by the State is NOT permitted by a person's
religion, then the individual has the right to not be a part of the activity declared
sinful in his religion.  The most obvious example is war and the Quakers. 

In conclusion:

The much controverted United States First Amendment clause is NOT referred to as
the Separation of Church and State Clause, being that there is no absolute separation
of Church and State.  The operative phrase is the Establishment ClauseThis means
that you do not have to join a religion that you don't want to join.  This also means
that you can't force someone to stop practicing his/hers.
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