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Constitution Minute
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Guest Commentary
The Bible, Founding Fathers & Hugo Black
By Marc Urbach
November 2021
The Northwest Ordinance of 1789, passed by Congress and signed into law by President Washington, contained a key provision pertaining to education. Article III said,
“Religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”
Meaning, teach religion (the Bible), morals and knowledge in the “schools” “forever.”
And so it was, for roughly 160 years, the following were legal and constitutionally accepted in our public schools: Teaching the Holy Bible. Teachers leading students in prayer. Prayers at school events. Invocations and Benedictions, and teaching the Ten Commandments.
But a huge shift occurred in the 1960s, when the Supreme Court started to remove these religious freedoms. Why and how did this happen? Did the populace rise up and demand that prayer be removed from the classroom? No! Then what caused this massive change?
I researched this topic for over a year, and put it into my book, BELIEVE, Do We Need A Third Great Awakening?
Supreme Court Justice Hugo Black misinterpreted President Thomas Jefferson’s letter (1802) to the Danbury Baptist. The famous case was in 1947, Everson v. Board of Education, where Black said,
“The establishment of religion clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.”
What is he saying? To most people this reads well. Most people will say, this is fine; people will not be forced to support a church or religion, and laws cannot be made to support religion. But there is a major problem! Black’s NEW interpretation sets a dangerous precedent! Now the State cannot support religion in any way. Now “Neither can pass laws which aid one religion, aid all religions or prefer one religion over another.” What did this lead to? This led to a complete removal of our religious freedoms, under the banner of “a wall of separation between church and state.”
Under this NEW interpretation, teacher-led prayer is illegal, teaching the Bible is illegal, Invocations and Benedictions are illegal, and school-sponsored prayers at athletic/school events are illegal. Look at what our nation has become. What a shame! This in my opinion is the number one reason why so many people think and act differently from past generations. Some are wild animals with nothing holding them back!
Either Justice Black did not know the accurate history of America, or he deliberately misinterpreted the First Amendment; I do not know.
What is very clear is there is proof our past government supported religion, or Christianity. In the late 1800s Congress appropriated monies to build Christian schools for Indian children to attend. Even President Jefferson used tax monies to “Christianize” the Indians with his Treaty with “the Kaskaskia Indians.” And please remember that the Bill of Rights was ratified in 1791. President Jefferson’s letter was written in 1802, eleven years after; and it is a private letter. When did private letters become national policy?
The “wall of separation of church and state” is between the Federal government and the States. Meaning, the Federal government CANNOT come and tell the States and the people how to conduct their religious affairs. Please remember what Supreme Court Justice William Rehnquist said,
“There is simply no historical foundation for the proposition that the Framers intended to build the "wall of separation" that was constitutionalized in Everson.... But the greatest injury of the "wall" notion is its mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights.... The "wall of separation between church and State" is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.... Our perception has been clouded not by the Constitution, but by the mists of an unnecessary metaphor.” Page 28 of my book, BELIEVE, Do We Need A Third Great Awakening?
“Religion (the Bible) is the only solid basis of good morals; therefore education should teach the precepts of religion and the duties of man towards God.” Gouverneur Morris, penman and signer of the Constitution
Our Founders clearly wanted the Federal government to have a hands-off approach towards religious freedom. The Supreme Court eviscerated that precedent. Again, what a shame! Even Jefferson is rolling in his grave!
---------------------------------------
Marc Urbach lives in Atlanta, Georgia. He taught in the public schools for eleven years. He is the Communications Director for We The Kids, which has a radio show on WFYL 1180AM.
The Bible, Founding Fathers & Hugo Black
By Marc Urbach
November 2021
The Northwest Ordinance of 1789, passed by Congress and signed into law by President Washington, contained a key provision pertaining to education. Article III said,
“Religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”
Meaning, teach religion (the Bible), morals and knowledge in the “schools” “forever.”
And so it was, for roughly 160 years, the following were legal and constitutionally accepted in our public schools: Teaching the Holy Bible. Teachers leading students in prayer. Prayers at school events. Invocations and Benedictions, and teaching the Ten Commandments.
But a huge shift occurred in the 1960s, when the Supreme Court started to remove these religious freedoms. Why and how did this happen? Did the populace rise up and demand that prayer be removed from the classroom? No! Then what caused this massive change?
I researched this topic for over a year, and put it into my book, BELIEVE, Do We Need A Third Great Awakening?
Supreme Court Justice Hugo Black misinterpreted President Thomas Jefferson’s letter (1802) to the Danbury Baptist. The famous case was in 1947, Everson v. Board of Education, where Black said,
“The establishment of religion clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.”
What is he saying? To most people this reads well. Most people will say, this is fine; people will not be forced to support a church or religion, and laws cannot be made to support religion. But there is a major problem! Black’s NEW interpretation sets a dangerous precedent! Now the State cannot support religion in any way. Now “Neither can pass laws which aid one religion, aid all religions or prefer one religion over another.” What did this lead to? This led to a complete removal of our religious freedoms, under the banner of “a wall of separation between church and state.”
Under this NEW interpretation, teacher-led prayer is illegal, teaching the Bible is illegal, Invocations and Benedictions are illegal, and school-sponsored prayers at athletic/school events are illegal. Look at what our nation has become. What a shame! This in my opinion is the number one reason why so many people think and act differently from past generations. Some are wild animals with nothing holding them back!
Either Justice Black did not know the accurate history of America, or he deliberately misinterpreted the First Amendment; I do not know.
What is very clear is there is proof our past government supported religion, or Christianity. In the late 1800s Congress appropriated monies to build Christian schools for Indian children to attend. Even President Jefferson used tax monies to “Christianize” the Indians with his Treaty with “the Kaskaskia Indians.” And please remember that the Bill of Rights was ratified in 1791. President Jefferson’s letter was written in 1802, eleven years after; and it is a private letter. When did private letters become national policy?
The “wall of separation of church and state” is between the Federal government and the States. Meaning, the Federal government CANNOT come and tell the States and the people how to conduct their religious affairs. Please remember what Supreme Court Justice William Rehnquist said,
“There is simply no historical foundation for the proposition that the Framers intended to build the "wall of separation" that was constitutionalized in Everson.... But the greatest injury of the "wall" notion is its mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights.... The "wall of separation between church and State" is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.... Our perception has been clouded not by the Constitution, but by the mists of an unnecessary metaphor.” Page 28 of my book, BELIEVE, Do We Need A Third Great Awakening?
“Religion (the Bible) is the only solid basis of good morals; therefore education should teach the precepts of religion and the duties of man towards God.” Gouverneur Morris, penman and signer of the Constitution
Our Founders clearly wanted the Federal government to have a hands-off approach towards religious freedom. The Supreme Court eviscerated that precedent. Again, what a shame! Even Jefferson is rolling in his grave!
---------------------------------------
Marc Urbach lives in Atlanta, Georgia. He taught in the public schools for eleven years. He is the Communications Director for We The Kids, which has a radio show on WFYL 1180AM.