The Act of Supremacy of 1534 declared that King Henry VIII (and his successors) was “the only supreme head in earth of the Church of England” and not the pope of Rome. The Treason Act of 1534 made it an act of treason, under punishment of death, to deny the Act of Supremacy. During the reign of Queen Mary, the daughter of Henry VIII, the Act of Supremacy was repealed, but was enacted by the English Parliament again in 1559 after Henry’s other daughter Elizabeth became the queen. The British monarch is to this very day still the head of the Church of England or Anglican Church, which is the established church in England. This is one of the main differences between the United States and Great Britain. Although the United States has a National Cathedral where some state funerals are held (most recently for Jimmy Carter), it is actually an Episcopal church (part of the worldwide Anglican Communion), not owned or controlled by the federal government. The “separation of church and state” is a hallmark of the American system of government.
The First Amendment
The Constitution was drafted in 1787, ratified in 1788, and took effect in 1789. It established the United States as a federal system of government where the states, through the Constitution, granted a limited number of powers to a central government. The Bill of Rights (the first 10 amendments to the Constitution) was ratified by the states in 1791 in response to criticisms of the Constitution by the Anti-Federalists that the Constitution contained no explicit protection of speech, assembly, religion, or the right to bear arms.
The First Amendment reads: “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 peaceably to assemble, and to petition the government for a redress of grievances.” It was President Thomas Jefferson who, in an 1802 letter to the Baptists of Danbury, Connecticut, equated the religion clauses in the First Amendment with the “separation of church and state”:
Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State.
That the “separation of church and state” applied to just the federal government is evident by the fact that some of the states still maintained established churches at the time the Constitution was adopted. The phrase was resurrected by Justice Hugo Black in the case of Everson v. Board of Education (1947). But as Mike Maharrey of the Tenth Amendment Center has observed: “The federal government’s use of the First Amendment to prohibit religious displays in local parks, to force the removal of the Ten Commandments from public schools, or to ban prayers in public assemblies would horrify the founding generation.” Massachusetts was the last of the original states to fully disestablish its churches in 1833. The idea of the “separation of church and state” is now enshrined in all state constitutions.
But religion is not the only thing that should be separated from the state. Unfortunately, the very people who talk the loudest about the separation of church and state never call for the separation of anything else from the state.
Hellbound and Down 