Endowed by their Creator

While the Declaration of Independence includes the terms “Nature’s God” and “Creator” the Constitution of the United States is mute on the issue until passage of the Bill of Rights, Amendment I, which states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceable to assemble, and to petition the Government for a redress of grievances.

With the ratification of the Bill of Rights at the end of 1791 (now over 215 years ago), the debate and understanding of the “separation of church and state” is yet to be concluded. While the Supreme Courts over the years have been wrestling with this one sentence, there decisions have expanded the understanding beyond the words laid out for them.

The founding fathers did include in the Constitution provisions to reasonably protect the rights of the minority while also retaining the rights of the majority. First was the idea of separation of powers between the legislative, executive, and judicial Powers, in a form of checks and balances. Since laws can only be passed by Congress, this power was divested into two groups. The House of Representatives representing the populous (majority) viewpoint; therefore, replacing itself every two years to ensure updated representation of the views of the majority. The Senate represents the interest of the minority because each state no mater how large or small in population have equal representation (California and Rhode Island both have two senators).

Lastly the Constitutional Amendment process was established in Article V, where support of two thirds of both legislative Houses (or state Legislatures) can “call for a Convention for proposing Amendments” to become part of the Constitution when ratified by three fourths of the states.

The time may have come for the people to clarify their intent that what was said is what is meant. “…make no law…establishment of religion, or prohibiting the free exercise…” This does not state or imply that all symbols or recognition of religion is to be removed from the government when deemed appropriate by the majority as long as there is no law or preference is given by the Government based upon religion. Also, that no law or preference is given against the free exercise of religion (or lack there of) as long as doing so does not conflict with areas of the Constitution.

Therefore, unless there is a desire from the majority, there is no need to remove religious symbols from government property (e.g., money, buildings, documents, etc.) unless its existence establishes a shingle religion above all others (or lack there of). Wishes, wants, and lack of comfort are not addressed or prescribed in any of our founding documents. The rights of the minority are not superior to the rights of the majority (e.g., the right to “express” pornography does not supercede the right of the majority to control the display, distribution, sales, etc.).