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View Diary: Should we amend the US Constitution? Justice Stevens thinks so, incl. 2nd Amendment (new book) (321 comments)

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  •  I would be curious to see what Stevens' (6+ / 0-)

    take on the first amendment in terms of religious freedom would be.  I think the founders goofed on that one and should have made it much tighter to keep the wall of separation intact.  The fact that Madison wrote about how chaplains in congress are a big violation and that this opinion from the man who authored the language of that amendment in the Bill of Rights writing was totally ignored in March v. Chambers, demonstrates that the founders trusted religious institutions (against their own private misgivings) too much.

    •  Got a link to the Madison quote? (1+ / 0-)
      Recommended by:
      Sharon Wraight

      "Labor was the first price, the original purchase - money that was paid for all things" -- Adam Smith

      by HugoDog on Sun Feb 23, 2014 at 08:11:26 AM PST

      [ Parent ]

      •  It's in his Essays on Monopolies... (3+ / 0-)
        Recommended by:
        Sharon Wraight, roadbear, HugoDog

        "Is the appointment of chaplains to the two houses of Congress consistent with the Constitution, and with the pure principle of religious freedom? In strictness the answer on both points must be in the negative."...."the establishment of the chaplainship to Congress is a palpable (easily noticeable) violation of equal rights, as well as of constitutional principles."

        The total title of this essay is, Monopolies, Perpetuities, Corporations, Ecclesiastical Endowments.  It wasn't found and published until 1914.  Plenty of time though for the judges in the Marsh case to read it.

        I would highly recommend reading the whole thing. Madison worries greatly about religious insitutions gaining power and land.

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