tag:blogger.com,1999:blog-1237087217187172116.post1623626480773727499..comments2024-03-27T18:18:11.525-06:00Comments on American Creation: Volokh: "Thomas Jefferson on seeking God’s favor"Brad Harthttp://www.blogger.com/profile/17669677047039491864noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1237087217187172116.post-83041414298008895242014-11-30T14:03:31.158-07:002014-11-30T14:03:31.158-07:00The money quote:
There may be justification for a...The money quote:<br /><br /><i>There may be justification for a legal rule excluding religious symbolism or text from government speech, whether the addresses of individual officials, albeit on governmental occasions such as inaugurations, or the statements of state legislatures. (Will didn’t advocate such a rule, but of course many people have.) <b>But I don’t think Jefferson’s actual practice does much to support that position.</b></i><br /><br />Jefferson had issued a thanksgiving proclamation as governor of Virginia. His argument would be a very nuanced one, that as president of the <i>federal</i> government, he was not empowered to make such declarations. [A position later shared by the very religious Andrew Jackson.]<br /><br />Time and time again in these things, people forget that religion was left to the states.<br /><br />The First Amendment reads that "CONGRESS shall make no law respecting the establishment of religion..." which Jefferson took as applying to the president as well. So as to<br /><br /><i>But I don’t think Jefferson’s actual practice does much to support that position.</i><br /><br />I don't think it's necessarily supported here, since a few benedictory words in an inauguration speech aren't the same as a thanksgiving proclamation with the <i>explicit</i> and sole purpose of religiosity.Tom Van Dykehttps://www.blogger.com/profile/07121072404143877596noreply@blogger.com