Friday 18 June 2010
Additionally, school officials have taken the position that students at school may: invite their friends to meetings unless the meetings are religious, share literature with their friends unless the literature is religious, receive personal gifts from friends unless the gift is a Bible or has a religious message, wear the clothing of their choice unless it has Christian messages, pass out valentines to classmates unless the valentines have a religious message, wear costumes at Halloween unless the costume depicts a religious personality and there are numerous additional examples.
While all of this transformation has occurred since the 1947 introduction of the “separation” metaphor in Everson, significantly, none of the activities currently restricted represent any violation of the actual wording of the First Amendment. That Amendment places prohibitions only against the federal Congress and not on states, communities, schools, or individuals i.e., “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof ”. However, under the Court’s new
First Amendment: “Congress” now means a “student” or a citizen, teacher, soldier, school, community, etc., “make no law” means “cannot express one’s faith in a public arena”, “establish” religion means “allow” religion; and “an establishment of religion” now means “to express one’s formerly constitutionally protected ‘free exercise of religion’ in an official public forum or arena” It is more than a bizarre rendering when “Congress” an elected body of the federal legislature can mean a single individual, and “making a law” the action of the federal legislature can mean expressing one’s personal faith in public.
The Everson decision, however, was revolutionary not only for its introduction of the modern “separation” doctrine but also for dramatically expanding the role of the federal judiciary. How was this accomplished? By coupling the Fourteenth Amendment’s racial civil rights guarantee with the First Amendment’s prohibition against the congressional establishment of a national religion. The consequence of merging these two dissimilar Amendments was twofold.
First, the Court reversed the bedrock constitutional standard that the First Amendment limited only the federal but not State or local governments. Second, because the new reading of the First Amendment empowered the Court to restrict states, communities, and individuals, the federal judiciary therefore assigned itself the role as sole arbiter of all religious controversies, even to what an individual citizen may or may not do. Yet, the massive expansion of the Court’s federal jurisdiction was achieved only by directly disregarding the specific purposes for which both the First and the Fourteenth Amendments were enacted – a fact clearly demonstrated by a brief review of each of those Amendments.









