"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the government for a redress of grievances. "
James Madison is responsible for the first ten amendments, what we call the Bill of Rights. At first Madison opposed any changes (amendments) to the constitution. His reasoning was that anything that wasn't delineated as a right could then be viewed as not being a right. He wasn't wrong about that as it is plain to see that is exactly what has happened over the years. The lawyers have been using that tact ever since the first amendment was ratified. That took place in 1789. Madison selected twelve amendments from well over two hundred proposals from the various state and local governments. As you know, ten made the cut.
That first amendment says it plainly enough, the government shall not establish a religion. What did that mean? It means exactly what they wrote. The government will not sanction or endorse any religion! Christians, Jews, Muslims, were all present in America at that time. Every sect and denomination of those religions was also present at that time. The government shall not endorse any of them. The people shall be free to practice whatever religion they like, in the manner they like as long as it doesn't violate any laws. And what laws did Monroe and the others have in mind? It's what they called natural law or natures laws. It is what we sometimes refer to as moral and ethical behavior. Basically, to treat others as you would like to be treated. They are not based in any religious teaching, these laws apply to every human on the planet. They are inherent.
Monroe did not feel it was necessary to write that out. His feeling was that everyone already knew that. He figured people knew right from wrong and didn't need government to tell them that. Remember this was at a time when the people had been oppressed by government, by Kings, lords or whatever. Their religious freedom was being denied, they were forced to follow a state religion or be persecuted. They came to America to escape all of that. The fact that there was also a promise of profit to be made only added to the desire. Remember, Monroe was opposed to making any changes to the constitution. Remember he thought that any changes written down, may exclude any rights that weren't written down. I don't think he foresaw the argument over what those words meant. I believe he thought it the meaning was clear enough. He wasn't saying there shouldn't be religion just that the government shouldn't establish a religion.
No his thinking, along with the others involved, centered around men acting in an ethical and moral fashion based on Judeo/Christian values. Yes, Islam was present at that time and remember Islam contains many of the same principles as Christianity. Islam recognizes Jesus. They call him a Messiah or Prophet but don't believe he is divine. Their ideology is different than ours but their religion, not so much. It's the ideology that creates the problems, same as with Christians and Jews. But Monroe relented in response to political pressure. He was just a guy like any other guy. He won his race and became a congressman. He kept his campaign promise to promote the ten amendments.
I can't help but think about this as I watch the news. When I see and hear what the courts are allowing, calling a right, I have to admit that Monroe was correct. The most glaring of this is the whole abortion issue. It's plain to me and I'm certain everyone would agree, no one has a right to kill you. Yet, that is what was decided by the court in Roe V Wade. That has since been repealed, but many states still allow the practice. It is still a major argument! The 14th amendment was used to "legalize" this practice. A Womens' right to privacy is cited. The court used that to say that the states could not implement laws to restrict rights not specifically stated in the constitution. Exactly what Monroe was concerned with! It doesn't say I can, therefore you can't say I can't. That is being extended these days to all manner of activities. The issue of pornography, deviate lifestyles, and the public display of such is now being called a right. The Constitution doesn't say I can't!
The issue we face today in society are the issues of natural law. The laws of human nature. We are finding excuses/reasons why those laws should not be followed. In fact, we have begun teaching an entire generation to ignore those laws altogether and just go with what the government endorses. If the government says it is fine, it is fine. Well, the first amendment does say, the government shall make no law respecting the establishment of religion. That is being taken to mean you are not subject to natural law or natures laws, just whatever the court says.
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