Religious Liberty &

The 1st Amendment

Nathan Feldman
 The 1st Amendment
Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof;…

Religious Liberty &

The 1st Amendment

Nathan Feldman
The 1st Amendment leaves all power to
the states and to the people!
James Madison: “There is not a shadow of right in the general
[Federal] government to intermeddle with religion. Its least
interference with it would be a most flagrant usurpation.”

Thomas Jefferson: “… [powers over] freedom of religion,

freedom of speech, or freedom of the press, did remain, and
were reserved to the states, or to the people.”
 We are a Religious Country!
1844 U.S. Supreme Court, Vidal v. Girard
“In a Christian country…why may not the Bible, and
especially the New Testament…be read and taught as a
divine revelation…in [a government run] school.”

1892 U.S. Supreme Court, Church of the Holy Trinity v. U.S.

“…this is a religious people…this is a Christian Nation.”

1931 U.S. Supreme Court, U.S. v. Macintosh

“We are a Christian people…acknowledging with reverence
the duty of obedience to the will of God.”
 There is NO
“Separation of Church and State” Clause
in the Constitution or Bill of Rights

The 1st Amendment

Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof;…
 There is NO
“Separation of Church and State” Clause
in the Constitution or Bill of Rights
Thomas Jefferson [1831 Letter to Baptists in Danbury, CT]
[The constitution built] a wall of separation between
Church and State.
(TO PROTECT, NOT PREVENT the free exercise of religion.)
1947 US Supreme Court: Everson v. Board of Education
Based its decision on the “Separation of Church & State”
phrase.
Alexis de Tocqueville: “In America…there was a separation of
Church and state, but not a separation of state and religion.”
 There is NO
“Separation of Church and State” Clause
in the Constitution or Bill of Rights
1962 US Supreme Court: Engle v. Vitale
Voluntary prayer at school is unconstitutional !!!
The Court separated religious principles from education.

•1980 – The 10 commandments cannot be posted in schools!!!

•1985 – Silent voluntary prayer at school is unconstitutional !!!

The Unconstitutional Prayer: “Almighty God, we acknowledge

our dependence upon Thee and we beg Thy blessings upon us,
our parents, our teachers, and our country.”
SAT Test Scores before & after 1963
Number of Violent Crimes before and after
1963
Out of wedlock births for 10-14
year old girls
Single Parent Households
 US Dept of Education says you can…
1. Pray, read your Bible or other religious material
and talk about your faith at school.
2. Organize prayer groups and religious clubs, and
announce your meetings.
3. Express your faith in your classwork/homework.
4. Go off campus for religious studies during
school.
5. Express your faith at a school event.
Thanks for your time!
Nathan Feldman
God Bless America!
www.wallbuilders.com
Extra Slides
 The “Religion of America”
by Benjamin Franklin
1. There is a God, who created all things, and we should worship Him.

2. God has revealed a moral code of behavior which distinguishes

right from wrong.

3. God holds us responsible for the way we treat each other.

4. There is a life after death.

5. In the next life we will be judged for our conduct in this life.
 Our Religious Heritage
John Adams: “The general principles on which the fathers achieved
independence were…the general principles of Christianity.”

Washington’s Farewell Address: “Of all the dispositions and habits

which lead to political prosperity, religion and morality are
indispensible supports…And let us with caution indulge the supposition
that morality can be maintained without religion…Reason and experience
both forbid us to expect that national morality can prevail to the
exclusion of religious principle.”

1892 U.S. Supreme Court, Church of the Holy Trinity vs United States
in a unanimous decision, said “No purpose of action against religion
can be imputed to any legislation, state or national, because this is a
religious people…This is a Christian Nation.”
They then cited nearly 80 different historical precedents showing
that America was a Christian nation!
 We are a Religious Country!
John Adams: “The general principles on which the fathers achieved
independence were…the general principles of Christianity.”

Washington’s Farewell Address: “Of all the dispositions and habits

which lead to political prosperity, religion and morality are
indispensible supports…And let us with caution indulge the supposition
that morality can be maintained without religion…Reason and experience
both forbid us to expect that national morality can prevail to the
exclusion of religious principle[s].”

In 1787 Congress passed The Northwest Ordinance to encourage schools

to teach “religion, morality, and knowledge”.
The 1st Amendment leaves all power to
the States and to “We the people”
James Madison: “There is not a shadow of right in the general
[Federal] government to intermeddle with religion. Its least
interference with it would be a most flagrant usurpation.”

Supreme Court Justice Joseph Story: “…the whole power over

the subject of religion is left exclusively to the state
governments, to be acted upon according to their own sense of
justice, and the state constitutions.”

Thomas Jefferson: “… [powers over] freedom of religion,

freedom of speech, or freedom of the press, did remain, and
were reserved to the states, or to the people.”