Editing Jefferson
Thomas Jefferson saw them coming, the editors who would follow. And he and the other founders recognized that changing times would require the ability to modify the framework of our government (see: Article V).
In 1786 the Virginia General Assembly passed Jefferson’s Virginia Statute for Religious Freedom, the authorship of which was one of the three accomplishments that he put in his own epitaph (Writing the Declaration of Independence and founding UVA being the other two). Virginia thereby became the first state to disestablish religion.
In the Statute, Jefferson included a warning to future Virginia Assemblies that while they may be able to change the law, doing so would fly in the face of the natural rights on which the Statue was premised.
Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.
And though we well know that this assembly elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies, constituted with powers equal to our own, and that therefore to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its operation, such act shall be an infringement of natural right.
Well TJ, that succeeding assembly you predicted is here. The House of Delegates has passed House Joint Resolution 537 which would tear down the wall between church and state in Virginia to explicitly protect an individual’s right to pray in public places, including schools. The resolution’s sponsors claim that Jefferson’s intent has been misinterpreted these last 219 years, and that the faithful are being oppressed in a way the founders never foresaw. Opponents see it as a step toward returning prayer to the classroom.
Alexandria writer Mary Clay Berry recently wrote in the Post about her experience with the coercive influence of mixing school and religion growing up in Virginia in the 40s as a cautionary tale of more recent effort by Conservative Legislators to bring religion back into our public classrooms.
Virginia’s pride in his efforts to prevent it not withstanding, Jefferson saw it coming. The small minded legislators who would follow him, and the Theocracy that they’d one day try to bring to America.
Maybe by then there will be a Democracy in Iraq we can flee to.
for further reading:
Va. Proposal Would Make Prayer a Right
The Washington Post, 2/17, 2005
What the Bible Shouldn’t Rule
By Mary Clay Berry, The Washington Post
Sunday, 2/13/05; Page B07
God and Darwin
The Washington Post, 1/25/2005
Constitution of Virginia, Section 16
Free exercise of religion; no establishment of religion.