The Separation of Church and State: Have We Gone Too Far?

By Brian J. Hershorin

Submitted 2003

[Part 1] [Part 2] [Part 3]

Footnotes

The debate over church and state separation is fundamentally a debate about the meaning of the Constitution and the Bill of Rights. One side of the debate believes that the Constitution gives the government the power to regulate some aspects of religion, and that the Establishment Clause in the First Amendment only bars the establishment of a national church. The other side believes that the Constitution restricts all power the government has with regards to religion, and that the Establishment Clause should be broadly read to ban all types of interference with religion. For a better understanding of each sides position in the debate, please consult the following website from where this information was obtained. http://thomasash.hypermart.net/ politicsandsociety/ peters-churchandstateoverview.html. Accessed 3/1/03.
Under the Influence: How Christianity Transformed Civilization, Alvin J. Schmidt, Zondervan, Michigan, 2001. Pg. 267.
The Constitution is a written document that serves as the foundation for the law of the United States. Originally, the Constitution was written in 1787, and became effective when the ninth state, New Hampshire, ratified the document on June 21, 1788. In 1791, the states approved the ten amendments to the Constitution. These ten Amendments are known as the Bill of Rights. A part of the First Amendment deals with the government's power over religion. For more information please consult: http://thomasash.hypermart.net/ politicsandsociety/ peters-churchandstateoverview.html. Accessed 3/1/03.
United States Constitution, Article 1.
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United States Constitution
http://thomasash.hypermart.net/ politicsandsociety/ peters-churchandstateoverview.html. Accessed 3/1/03
Under the Influence: How Christianity Transformed Civilization, Alvin J. Schmidt, Zondervan, Michigan, 2001. Pg. 267.
http://w3.trib.com/fact/1st.jeffers.2.html. Accessed April 9, 1996.
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Id. For a complete listing of the correspondence between President Jefferson and the Danbury Connecticut Association, please consult: http://w3.trib.com/fact/1st.jeffers.2.html. April 9, 1996.
United States Constitution, Article 1.
Zorach v. Clauson, 343 U.S.306,312, 72 S.Ct. 679, 683, 96 L.Ed. 954 (1952); Sherbert v. Verner, 374 U.S. 398, 422, 83 S.Ct. 1790, 1803, 10 L.Ed. 2d 965 (1963). There are a myriad of examples where the Supreme Court uses the Establishment Clause and the notion of separation religion from state. The above cases are just a few examples.
Zorach v. Clauson at 312; Sherbert v. Verner at 422.
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See, e.g., Zarach v. Clauson, 343 U.S. 306, 314, 315, 72 S.Ct. 679, 684, 96 L.Ed. 954 (1952); McCollum v. Board of Education, 333 U.S. 203, 211, 68 S.Ct. 461, 465, 92 L.Ed. 649 (1948).
Lynch v. Donnelly, 104 S.Ct. 1355, 1361 (1984).
Id. at 1362
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Lemon v. Kurtzman, 91 S.Ct. 2105, 2112, 403 U.S. 602, 604 (1971).
Lynch at 1362.
Lemon at 604
Lemon at 612, 613.
See e.g. Tilton v. Richardson, 403 U.S. 672, 677-678, 91 S.Ct. 2091, 2095, 29 L.Ed. 2d 790 (1971).
Glassroth v. Moore, 229 F. Supp. 2d. 1290 (M.D. Ala. 2002)
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Lemon at 612, 613.
Marsh v. Chambers, 103 S.Ct. 3330, 3337 (1983).
Glassroth at 1290.
Id. at 1291.
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Id. at 1299
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Lemon v. Kurtzman, 91 S.Ct. 2105, 2111 (1971).
Glassroth at 1290.
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United States Constitution, Article 1
Zorach at 312. Also see, Sherbert at 422.
Lemon at 613.
Robert Bickford, LL.M at Kinberg & Bickford P.A., Melbourne, Florida.
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United States Constitution, Article 1.
Saudi Arabian Constitution, Article 1. Note: Adopted in 1992, the constitution of Saudi Arabia declared the country a monarchy, ruled by the heirs of King Abd Al Aziz Al Saud. Political parties and national elections do not exist. However, the king's powers are limited by Shar'ia and other Saudi traditions. Over time, Saudi Arabia has developed a central government. Since 1953, the Council of Ministers, appointed by the king, advises the king on general policy issues, although the role of the council is gradually expanding as it gains experience. The council is made up of a prime minister, the first and second deputy prime ministers, twenty ministers (of whom the minister of defense is also the second deputy prime minister, two ministers of state, and a small number of advisors and heads of major autonomous organizations. All legislation is a product of the council, but must be ratified by the king and be in coherence with the principles of Shar'ia. For more information regarding this subject, please consult: http://jurist.law.pitt.edu/world/ saudiarabia.htm. Accessed 2/10/03.
Kiss Bow, and Shake Hands at 322.
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Saudi Arabian Constitution, Article 1
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Understanding Islam at 72.
At the foundation of the religion lies the Koran, Allah's message to humanity. Transmitted to the Muslim world from the hands of Allah to the angel Gabriel, the Koran made its way into the hands of the prophet Muhammad over a period of twenty-three years (610 CE to 622 CE). The Koran however, is not the sole basis forming the body of Islam, as the religion prides itself on both the Koran and the Sunnah, or the words of the Prophet. Although it was inspired by Allah, the Sunnah is comprised of the "words and actions" of the prophet, and helps to explain the Koran. In addition, the Koran is directly from the mouth of Allah, with no alteration or translation through the prophets. Because the Koran is considered the final message sent by Allah, the Islamic culture considers it both an obligation and a privilege to read and understand the transcriptions it holds. The Koran is a continuation of the Jewish scriptures, recounting stories of Moses, Joseph, Abraham, and others. It lacks however, the dramatic stories and sense of humor that can be found within both the old and new testaments. Because it is the direct word of Allah, the Koran is the source of law, inspiration, and knowledge. It can not be compared to the Christian bible, although it was a continuation of such. Both the Christian and Jewish testaments were written by men in multiple languages. The Muslims believe the Koran was dictated by God to Muhammad, who was chosen to pass his word along in a single language over a period of twenty years. Further, Christians often learn other languages, so they may pass on the knowledge of the bible to those who do not speak their language. Conversely, Muslims will only recite the Koran in Arabic chants, as a Koranic recitation is an established profession. All information contained in this footnote was taken from www.usc.edu/dept/MSA/quran. It was accessed on 1/21/03. Additional information was obtained from Understanding Islam at 55, 56, and 58.
As a community who believes that "there is no God but God, and Muhammad is the messenger of God," Muslims worship one all-powerful deity known as Allah. Allah should not be too far of a stretch for followers of both the Christian and Jewish faiths because Muhammad, who in accordance with Islamic principles is the last prophet in a line of prophets including Noah, Abraham, Moses, and Jesus, preached that Allah is the only god, "the God of the Jews and Christians." In essence, Muslims believe that since the time of Abraham, there has only been one religion and one God. This God, Allah, sent his messengers and prophets to reveal his message to his people and inform them of what he expected. Because Muhammad is considered the last and final prophet, no further revelations or messengers are expected. All information in this footnote was obtained from Understanding Islam: An introduction to the Muslim World, Thomas W. Lippman. Pg 5,6.
Understanding Islam at 72.
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Khadduri, Majid, Islamic Jurisprudence. The Johns Hopkins Press, Baltimore, Maryland. 1961. Pg. 4.
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Understanding Islam at 72.
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Id. at 73.
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The Saudi Arabian government is so intertwined with religion, that the country is home to Islam's two holiest cities, Makkah (Mecca) and Madina (Medina). Each year, hundreds of thousands of Muslims from all regions of the world come to make the pilgrimage to Makka. Although entry into Makkah and Madinah is prohibited to non-Muslims, areas outside of the cities can be utilized to get an idea of what the pilgrimage is about. In fact, non-Muslims may not even enter Saudi Arabia without an invitation and sponsorship from a prominent Saudi citizen. In addition, visitation rights into Saudi Arabia are not guaranteed. Visitors must obtain an entry visa from the Saudi embassies before arrival. Such passports are required to be valid for a period of at least six months after the proposed visitation date. Along with the visa application from a Saudi Sponsor, visitors must receive a letter of invitation. In addition, for permission to work or do business within the country (rather than just visiting), the requirements become even more stringent. For a business visa, the visa application must be accompanied by an "original copy of a letter from a Saudi company, in Arabic, on company letterhead sponsoring the applicant, stamped by a Chamber of Commerce in Saudi Arabia." Further, the business applicant must have a letter from the applicant's company "indicating the name of the Saudi Arabian sponsoring company, the nature of the applicant's visit, the length of stay, and financial responsibility. The letter must include the corporate stamp or seal." This process is not an easy undertaking. The above information was retrieved from the following sources: Understanding Islam at 323 and 325, and http://www.shura.gov.sa/ EnglishSite/saudi1.htm. This site was accessed on 2/13/03.
Kiss, Bow, and Shake Hands at 323.
Id. at 329.
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http://www.shura.gov.sa/ EnglishSite/saudi1.htm. Accessed 2/4/03.
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http://jurist.law.pitt.edu/world/ saudiarabia.htm. Accessed 3/1/03.
Robert Bickford, LL.M at Kinberg & Bickford P.A., Melbourne, Florida.
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http://www.lihistory.com/3/hs341a.htm Accessed 3/22/03.
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http://jurist.law.pitt.edu/world/saudiarabia.htm.
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Copyright © 2003 Brian J. Hershorin.All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder. If you believe you may lawfully use a quotation, excerpt or paraphrase of this article under the Fair Use exception to copyright law, except as otherwise authorized by the author of the article, you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article.

The Separation of Church and State: Have We Gone Too Far?

By Brian J. Hershorin

Submitted 2003

Contents

Footnotes