First Amendment meant to restrain government, not religion
by Nelson Price
Columnist
July 28, 2012 11:02 PM | 924 views | 18 18 comments | 5 5 recommendations | email to a friend | print
In 1976, the U.S. Supreme Court in ruling on the case of Estelle v. Gamble regarding releasing a person from prison used the significant often overlooked expression: “the evolving standards of decency that mark the progress of a maturing society.”

It related to giving released prisoners humane treatment. That is a good thing to do. However, the expression depicts more than humane treatment. In encompasses the morality of our entire evolving culture.

Once cherished liberty has become license. Rights are now considered entitlements.

John Leland, who played a significant role in the codifying the Bill of Rights of our Constitution wrote: “Whenever a number of men enter into a state of society, a number of individual rights must be given up to society, but there should be a memorial of those not surrendered, otherwise, every natural and domestic right becomes alienable, which raises Tyranny at once, and this is as necessary in one form of government as in another.”

In effect he foresaw that unless what the government can’t take away is defined, it can take it away. Thus, the items in the Bill of Rights were the original entitlements.

In a drive to change our culture secularists, knowing they likely could not repeal the rights, simply went about redefining them. In certain instances the redefinition has given the right the opposite meaning from that originally intended.

This is how liberty, the Bill of Rights, becomes license. Liberty entails personal restraint within well defined borders. It is the giving up of certain rights for the good of society as Leland observed. It is also the preservative of defined rights. It is also the defending of certain defined rights. It is objective. The object determining the borders is the Constitution and Bill of Rights.

License is subjective and is concerned with the self-will of the individual who sets personally gratifying standards. Liberty is considerate of the entire community. License is absorbed with personal interest.

The more one values liberty the more self-restraint they are willing to exercise. The more one favors license the greater freedom they feel to do and say what they want to when and where they want to.

The government of late has joined the fray. When this happens the Tyranny of which Leland wrote begins. From there it is a slippery slope regarding what rights they can abrogate.

Using the liberty afforded by our rights moralists have reinterpreted the language granting the right. They are winning the semantics battle. It is becoming less a matter of law and more a matter of linguistics.

Hermeneutics is the science of language long used to interpret the Bible. One basic principle is if you want to know what a word authored years before means look at documents of the era to see how it was used and what it meant at the time of use.

If that were done with only the first one of the Bill of Rights our society would be dramatically different. Words slowly evolve and with them the principles on which they were based changes. Thus, “the evolving standard of decency.”

The first word in the First Amendment is “Congress.” It was intended to put restraints on government, not religion. It was as Thomas Jefferson originally meant by his out of context statement regarding a “wall of separation.” It was used to assure the Danbury Baptists that Congress would not name any one denomination as the official religion of the nation while giving freedom of religion in the market place of ideas.

The rhapsodic Old Testament prophet Jeremiah spoke of increasing challenges using figurative language: “If you have run with the footmen, and they have wearied you, then how can you contend with the horses?” Translated, “You haven’t seen anything yet.”

The Rev. Dr. Nelson Price is pastor emeritus of Roswell Street Baptist Church.
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EM Buckner
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August 06, 2012
Just you, me, and the gatepost, misterbill. But your claiming that you've reposted facts doesn't mean you have. You remain confused about the very nature of treaties, which don't get "rewritten" or "corrected" years later. But even if you were right, what is significant is that ALL voting US Senators in 1797 AND the sitting President, John Adams, formally and without objection approved of the words, "As the government of the United States is not in any sense founded on the Christian religion, . . .". And that is an irrefutable fact, misterbill. Wallbuilders, not me, are pressing forward with a religious perspective and, like you and Nelson Price, quite willing to distort or even make up facts to suit their/your agenda. I've not attempted to change your religious views and won't. Try dealing with facts. --Ed B.

EM Buckner
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August 04, 2012
By now it's not likely that anyone but "misterbill," Nelson, and I are left to read this, but let me add the one most basic point to my comments on the ill-informed Misterbill: if the Constitution of the US is "Christian" rather than "secular," why is it that not a single idea of any importance or originality from the Constitution can be traced back to the Bible or other Christian sources. (Accepting slavery and keeping women subservient to men are biblical, it's true--but we've successfully amended those two Christian principles out of our governing charter.) There are dozens, possibly even hundreds, of crucially important constitutional principles--separation of powers, freedom of religion, free speech,democratic elections, free press, etc.--that are not biblical. It is true, as Misterbill notes, that before the Revolutionary War, we were part of a Christian nation--Great Britain, but why, under our 1787-89 Constitution, did the framers neglect to incorporate even one substantial idea from Christianity? Because they chose freedom over God or king.
@buckner
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August 02, 2012
The Founders did not intend to "found" a Christian nation. This is true.

America was already a Christian nation. If the Founders intended to found a secular nation, their constitution would have been utterly rejected.

As for the Treaty, I'm always happy to repost the facts.

The phrase in question does not appear in the Arabic version. The phrase was understood to mean that the US did not have officially hostile relations with nations which were officially Muslim.

The treaty was renegotiated a few years later. The phrase was indisputably NOT a part of the subsequent treaty.

In 1783 the US and Britain ended the war with the Paris Peace Treaty.

The treaty was written by John Adams, John Jay, and Ben Franklin.

Its very first words are "In the name of the most holy and undivided Trinity. It having pleased the Divine Providence to dispose the hearts . . ."

Clearly America WAS a Christian nation, so any claim that it "never" was is inaccurate.

Nothing legally changed America from a Christian nation to a non-Christian one. Certainly the Treaty with Tripoli did not.
@buckner
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August 02, 2012
I know you to be an atheist. That is of little consequence to me , normally,. In this instance, though, the research you have done is incomplete. I have offered you the facts and the source to prove that the statements about Christianity were,at best, in question. Had you searched more you would have found that the statement was not i the Arabic treaty and was added by Barlow who converted from Christian orthodoxy to rationalism and had once been a chaplain in Washington's army.

You have strong motivation to convince all that you are correct when, indeed , you are compelled by your religion of atheism to prove a point through the merits of your religious beliefs.

You selectively chose to ignore the additional evidence, beside the fact that the statement did not exist in the Arabic version and was added by Barlow.

It also stands inn historic records that the article was removed when rewritten in the 1805 treaty.You are trying to prove that your religion of atheism was endorsed through this treaty and use it in further arguments against Dr. Price. You attack him for religious reasons not for historical. I will extract and post one more item and then I am done with it for there is none so blind as those who ill not see.

I am, on the other hand simply trying to prove historical facts about the USA.
EM Buckner
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August 02, 2012
Misterbill simply needs to get actual publications--yes, including the Avalon Yale documents, but also the official book of US Treaties--and read what is written there. The 1796-1797 treaty was first agreed to on 4 November 1796, while George Washington was still President, ratified unanimously by the US Senate, and proclaimed--including the famous "government of the United States is not in any sense founded on the Christian religion" language--by President John Adams (he'd taken office two or three months earlier) on 10 June 1797. There is no dispute at all that the famous language was in the version of the treaty ratified by the Senate, proclaimed by the President, and in *every* official version of the treaty in US documents. A new and different treaty--*not* a correction or rewrite of this one--had the different language Misterbill alludes to--and it was agreed to and ratified eight years later, after the US Navy and Marines, under President Jefferson, had exercised military force instead of bribes and apologies to win peace from the Islamic Barbary pirates. The treaty with the ceremonial Christian language in still another treaty included that language at the behest of the Christian nation involved--Great Britain--and did not declare in any way that the US is or was then a Christian nation.

Misterbill pretends he's only interested in historical facts, but he simply doesn't have the facts correct. My best guess is that this is because, as with Nelson Price, he *wants* the facts to be different. But you don't get to choose your own facts. Please, misterbill or anyone else interested in this, go to a law or university library and read Hunter Miller, ed., Treaties and Other International Acts of the United States, Volume 2, Documents 1-40: 1776-1818 (Washington, 1931: US Government Printing Office).
misterbill
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August 03, 2012
@buckner

I have the facts. You refute them. You have chosen to go afield to prove a point for atheism.

The FACT is, the treaty was replaced with the Treaty of 1805. The FACT is that article 10 was not in the Arabic version. This is so listed in the Avalon project and other documents.

Among many:

http://www.wallbuilders.com/libissuesarticles.asp?id=125

I do not care what religion you or anyone is. But as the Christians and Jews have been accused of forcing their beliefs down someone's throat, so too, are you, trying to prove a point to substantiate your religious belief.

PS This discussion is, to me, quite old. I followed it on another site some 4 years back. My conclusion, having, at that time, checked each of the references sited by the debaters, come to the conclusion that what I have written here is the truth, so help me, God...
EM Buckner
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August 02, 2012
"Misterbill" should understand that my jibe about his mysterious need for anonymity is only a side issue--and if he chooses such cover, it does not, as he correctly notes, change whether his facts or arguments are correct. His facts are flat wrong, whoever he is. By all means readers should enter "Tripoli Treaty Avalon" in a search engine and peruse what pops up from Yale. The reader will then come to understand that "misterbill" is conflating two different treaties agreed to eight or ten years apart (not a correction of a treaty). And, as the Yale documents quite clearly show, the words quoted from the 1796-1797 treaty were in the English translation of the treaty that was unanimously adopted by the U.S. Senate and printed, in full, in the American newspapers of the day. (I've held one of those newspapers in my hands at the Library of Congress.) As the Yale papers show, and as the U.S. Government Printing Office book edited by Hunter Miller and published in 1930 also shows, "As the government of the United States is not in any sense founded on the Christian religion" remains in the official treaty books still. The quotation "misterbill" gives from John Adams is a false one, directly contradicted by Adams' published treatise in 1787 in London, in which Adams noted, "It will never be pretended that any persons employed in that service had any interviews with the gods, or were in any degree under the inspiration of heaven, any more than those at work upon ships or houses, or labouring in merchandize or agriculture: it will for ever be acknowledged that these governments were contrived merely by the use of reason and the senses." Adams also warned future generations about charlatans like Nelson Price: "that the multitude have always been credulous, and the few artful. The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature: and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an æra in their history." Interestingly, the controversy over the 1796-1797 treaty is precisely the opposite of what "misterbill" represented it as being--the famous language has been in every English version of the treaty, but cannot be shown with certainty as having been in the Arabic version. So, possibly the Bey and people of Tripoli did not care about this--but Joel Barlow, who negotiated the treaty, and all the U.S. Senators who voted for it and President Adams who signed and proclaimed it as the law of the land--all of them knew of and approved of the language. I have no interest in "misterbill"'s religious beliefs (if any) or Nelson Price's. But I do care about facts, history, and religious freedom. "Misterbill" either doesn't know history or he doesn't care.
frogbreath
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July 30, 2012
Should I be surprised that too funny (NOT) and good grief jump on an article like this??

Toof says it is Dr Price's fourth or fifth coli=umn on the subject, while indeed there is a fifth column and toof is a charter member. That Fifth Column is the anti Christian group.

Good Grief somehow twists into the Second Amendment--no surprise her. He/she could find nothing wrong with Dr Price's article but needed to join in and since Price mentioned the Bill of Right , chose one that has naught to do with the column.

But True Patriot wins the silliest one today. What a slimy, sneaky heart and mind he has in twisting Dr Price's column into an attack on Jefferson's morals about Sally Hemming which in very recent times has had a cloud of doubt cast over it. To you True, I say, "Go and sin no more".

PS True, spend a little time researching the article about the Jefferson descendants and the DNA study.

Regardless of t=what you find , you are a low, mean specimen of human.
Too funny
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July 30, 2012
You shouldn't be surprised. I tend not to like when people try to publicly place thoughts in the heads of our founders that history says weren't there. If you let that kind of thing go, you end up with a bunch of misterbills and frankly, debunking delusion is an exhausting task.
anonymous
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July 31, 2012
@frogbreath



Don't get your panties in a wad. The point I was making, as stated, was over constitutional intent and the use of semantics.
misterbill
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July 29, 2012
Dr Price,

For too long the atheists and the "No God" people have been telling us and teaching our children, the opposite of what you wrote. They cite Jefferson's letter to the ministers. Even Christians have come to accept this false concept.

What you wrote is the intention of the First Amendment. I hope that many people read it and clear their minds of the false interpretation that has been preached for years.

Years later, when the Barbary pirates were taking American ships and sailors, our government signed a treaty with the Bey of Tripoli. The treaty specifically stated that "As the Government of the United States of America is not, in any sense, founded on the Christian religion". This argument has been used very often. No one bother to add that the treaty was rewritten because the version that included that statement was interpreted from Arabic. The formal rewrite does not include that statement.

The wrong information is so ingrained, I doubt many will be persuaded to accept the truth.

Wikipedia reports the first part and not the fact it was rewritten.
EM Buckner
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July 30, 2012
I don't know who "misterbill" is (or why he has to hide w/ a pseudonym), but I do know he has his facts completely wrong. And I know that the facts are in fact readily available to any honest seeker of them. The quote he gave--"As the Government of the United States of America is not, in any sense, founded on the Christian religion"--is an accurate one, but there was no "rewriting" that omits the statement. There is some doubt about whether it was included in the original, Arabic version--but no doubt at all about those words being in the English version that was UNANIMOUSLY approved of in the U.S. Senate and decreed by President John Adams on June 10, 1797, and printed in the newspapers of the day. Georgia Senator Josiah Tattnall (who went on to become Governor of Georgia and for whom Tattnall County is named) voted for the treaty. And he knew a great deal more about the First Amendment and the intentions of the framers (only a few years earlier) than Nelson Price or "mrbill." Price is certainly correct that the framers sought to limit government--but beyond any shadow of a doubt, they also intended to deprive religious organizations of the right to use governmental power for their purposes.
misterbill
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August 01, 2012
Buckner--first--get a life and stop repeating Foley's whoever you are . A valid argument is valid no matter who said it. What is your purpose in seeking the names of those who post?? Proselytization?

Second - among many sources the Yale law library explains the Tripoli treaty and I find you wanting in your knowledge.

You also confuse free establishment and practice of religion with an attempt to to gain governmental power. You are nt completely wrong though. The founding fathers did not want a state religion as created by Henry VIII.

A side issue:

"Furthermore, it was Adams who declared:

The general principles on which the fathers achieved independence were. . . . the general principles of Christianity. . . . I will avow that I then believed, and now believe, that those general principles of Christianity are as eternal and immutable as the existence and attributes of God; and that those principles of liberty are as unalterable as human nature."
misterbill
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August 01, 2012
Buckner, Please check the Avalon project for the correction in 1805 to the original treaty. Article 11 was completely removed. There is no mention of Christianity or religion in the updated version. I submit, sir, that while you accuse me of not understanding the intent of our forefathers, I am not hell bent, like you, on proving there is no God.

Your efforts to sustain your position of atheism leads you astray as you nip at the heels of history and fail to do a complete study.

Further from the amended 1805 treaty which was ratified:

Article 14

" It is declared by the contracting parties that no pretext arising from Religious Opinions, shall ever produce an interruption of the Harmony existing between the two Nations; And the Consuls and Agents of both Nations respectively, shall have liberty to exercise his Religion in his own house; all slaves of the same Religion shall not be Impeded in going to said Consuls house at hours of Prayer."

true patriot
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July 29, 2012
I am always amazed at those who sit and ponder the true thoughts and writings of Thomas Jefferson. If anyone would like to know what Jefferson was really thinking about need only ask the decendants of Sally Hemmings.
Too funny
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July 29, 2012
Ok, we get it. This is like your fourth or fifth column on how we all have got it wrong regarding the First Amendment. We realize that you would like for America to be a Christian theocracy (Southern Baptist to be specific I imagine); but your galactic misinterpretation regarding the founding father’s vision for creating a secular government is impressive.
good grief
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July 29, 2012
Hermeneutics aside the Constitution like the Bible, Torah and Quran means whatever the heck you want it to mean! That's why we give lifetime jobs to nine old, political hacks to interpet what it means. Since Rev Price is delving deep into the weeds of semantics, what do you suppose "A WELL REGULATED MILITIA" means? This is so confusing who can possibly understand it! Does this mean a disiplined, civilian military unit, or a psychopath armed with military assult rifle and a 100 round clip. Who knows? It's to confusing.

Harappan_man
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July 29, 2012
Your proposal mentions "license." The license granted by making the "wall of separation" a one-way barrier will be worst of all.

Whose religion will be allowed to slip through the barrier and influence government? There are American Muslims? Mormons, Unitarians? Were I a Muslim commanding a military base, would I be able to to ban the use of Chapel Crosses because then "attack my religious freedom?" To allow the Baptists to influence policy with their beliefs, but not the muslims, or the Mormons, or the Unitarians --- or even the Atheists --- is the first step to establishment and the first step in Government interference that you decry.

In the final analysis, your proposal for a one-way barrier may ameliorate some short-term problems, but it will exacerbate the long-term ones.
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