Personal Property for Person Suffering from Alzheimers Disease Assignment

Personal Property for Person Suffering from Alzheimers Disease - Assignment Example The appellee used the parking garage for purposes of parking his automobile since the public was invited to use it. The parking garage in which the appellee parked his car was owned by the appellant, and before parking his automobile, the appellee received a receipt to allow for the same. The nature of the relationship between the appellee and the appellant, therefore, qualifies for express bailment. The express bailment, in this case, is written as is proven by the receipt, a written confirmation. The bailment at will would depend on the amount of time that the bailor, Mr Allen, would need to use the parking garage, and would be terminated once he submitted the receipt to the attendant at the single exit of the parking garage. The bailee would act as a warehouse because there would be a compensation for the period of time used to store the automobile.The bailment, in this case, was for the mutual benefit of both the bailor who is the appellee in this case and the bailee who is the a ppellant (Twomey and Jennings). While the bailor would have his automobile parked in a safe environment, the bailee would receive a payment that is in relation to the amount of the time that the parking garage was used. When bailment is for the mutual benefit of both bailor and bailee, the bailee is liable to the bailor for ordinary negligence, and the bailee bears the duty of ordinary care to his property (Twomey and Jennings).Though the appellee and the appellant have a bailor-bailee kind of relationship, there is no liability to be borne by the bailee. Any liability that would have been shouldered by the appellant was disqualified by the receipt purchased by the appellee. The ticket bore clear instructions that it only served the purpose of gauging the time an automobile has been in the parking garage and not for identification of the vehicle. Though there was an attendant present at the exit of the parking garage, the attendant had no means of identifying whether persons left wi th the right cars. The ticket also made it clear that the appellant would not be held responsible for losses incurred by theft,  collision or otherwise; and that automobiles were parked at owner’s risk.

Organizational Responsibilities Essay Example for Free

Organizational Responsibilities Essay According to the American Medical Association (AMA) an impaired physician is unable â€Å"to practice medicine with reasonable skill and safety due to mental illness, physical illness, including but not limited to deterioration through the aging process, or loss of motor skill or excessive use or abuse of drugs, including alcohol† (API, 2011). The scenario presented for this assignment involves Dr. Smith a talented and skillful cardiac surgeon on staff at a local community hospital, who is currently engaged in a divorce. On multiple incidences, hospital staff members observed Dr. Smith to be intoxicated. On one of these occasions, a nurse observed him the night before he was scheduled to operate, inebriated, and notified her supervisor. On the morning of surgery, Dr. Smith called in sick. There is great concern on the part of the hospital administration that Dr. Smith may perform surgery in an impaired state, noting he recently has made errors during surgery. A Health care organization’s ultimate responsibility is to the patients it serves, and to make certain that physicians, either employed or privileged, are competent and functioning appropriately while providing quality patient care (Ohlsen, 2006). Under the doctrine of corporate negligence, â€Å"the hospital is liable if it fails to uphold the proper standard of care owed the patient, which is to ensure the patient’s safety and well-being while at the hospital† (Pozgar, 2010, p. 242). Hospitals hold certain nondelegable duties unrelated to the negligence an employee may commit. Two nondelegable duties include monitoring the quality of care rendered by the medical staff, and hiring and keeping competent physicians (Pozgar, 2010). Allowing Dr. Smith to operate with the knowledge that he has committed errors during the performance of [continues]

Recovery Plan in a Nuclear Scenario

Recovery Plan in a Nuclear Scenario Introduction This paper will focus on a recovery plan that is designed to offer a better approach on how different matters should be handled on a different platform. This reflect the fact that a recovery plan determined the reliable application on different notions, so that all situation can be handled in a more resilient perspective.   More so, a recovery plan defines a target that is to be fulfilled which means it offers a recovery strategy on an incident that has occurred and what is supposed to be done in order the situation can be in control. However, in order to have an efficient recovery plan, some credentials ought to be facilitated so that there will be no effects due to the course of recovering any incident. In this case, technological aspect ought to be considered, data obtained ought to be analyzed, resources available so that the recovery aspect can be effective. Among other factors that are required is that consideration of different vulnerabilities that are prone to emerge during the recovery plan ought to be defined so that disruption during the process can be enhanced. This paper will prissily focus on a recovery plan on Nuclear Scenario in San Francisco. It out of this that highly enriched uranium (HEU) has massively destroyed the building and immediate surrounding areas and other factors in the city. Hence, the main idea is to initiate a structure that will help the people involved and the city at large more so, to analyses the problem and know how the issue can be dealt with, including the emerging factors.   When a nuclear disaster occurs, it is important to learn the outcomes that are expected in order to deal with the affected casualties; this is the main agenda of th e recovery plan. Objectives of the recovery plan The plan aims at ensuring that the nuclear scenario will not affect more people in the society than it has currently. This will be achieved by ensuring that all the factors to control the situation are identified, and hence the outcome will not be that adverse. Additionally, mitigating any influential elements is the best way to decide which of the ways are essential in order to reduce the number of causalities. This will cut across various agencies, and thus the help of the government will be needed this is as stated by McFee, (2007). Another aim is to provide measures, which can be used in a case such a situation occurs again. This will serve as a plan, which will serve the purpose in future. Therefore it is also subjected to changes in order to fit the nuclear situation at that time. To offer a solution to the situation is another objective and for this to be achieved then various factors are necessary this include the overall element of resources and time not forgetting dedicatio n. Explain the specific agent used in the attack and the effects of the agent on the victims and surrounding areas. Any agent can respond the nuclear attack that occurred better since every agent is trained to have the ability to detect, prevent, preempt and deter any signs that may result to any emergencies. For this case, the agents should be in a position to protect and restore essential service so that the environment can be maintained. More so, to compensate victims is another aspect that specific agent should offer because it is quite evident that many people are highly affected because San Francisco is referred to as the heart of the city which means that many people show up in the city. More so this is related to the fact that people who are affected area seek shelter in safe areas because they are left displaced these impacts are caused by the blast, thermal radiation, prompt radiation that occurred (Mahan, Griset, 2013). However, every agent should be in a position to react because the actual occurrence of injuries does not stop when a nuclear attack is experienced. This means that measures should be enhanced like lifesaving efforts so that life can be saved in one way or another since there is reflected the fact that San Francisco is affected by the nuclear attack which means that the building and immediate surrounding areas are completely destroyed. More so, mass casualties are reported which means every agent should be proactive in issues that emerge by addressing the evacuation or sheltering-in-place decisions for the potential victims. Additional the agents should offer short evacuation so that effectiveness can be obtained in offering victim car. In this recovery plan, all people involved should be in a position to quickly leading to a shortage of willing, qualified, and trained workers so that every situation and casualties can be help in a more efficient manner. This is done so that effective action can be taken and safe what is left after the nuclear attack. The attack and the effects of the agent on the victims and surrounding areas are that attribution activities will be enhanced so that the affected victims can be given care. More so, compensation can be done because most of the people are left homeless federal authority, or any military will be in the for the front to offer apprehension in dealing with the situation. Explain symptoms victims will experience and display. A nuclear attack has both short-term effects and long terms effects, which affect the victims are affected in a different way depending on the exposure aspect that was involved in the blast that emits radiations. Different symptoms will be seen in one way or another this means that symptoms like vomiting, skin rashes, and an intense unquenchable thirst as their hair falls will be highly experienced to the affected victims. Due to the light that is emitted from the explosion, most of the people are affected and are prone to be blinded in one way or another. This is a common effect the affects people in San Francisco because most of the people are prone to look the light directly due to the mass that the city has which means that victims lost their eyesights.   Death is another effect that is facilitated due to the nuclear explosion because the gamma ray burst this is a symptom that will be experienced in one way or another. In addition, the nuclear attack displays different effects in the environment, for instance, the building, and immediate surrounding areas are completely destroyed. This means that the environment structure is highly affected because the nuclear setting is designed to explode and bring down all things that are within.   On the other had theirs the aspect of Mass casualties that are reported this means that some symptoms are depicted. Since San Francisco is known for its dense fog, mild temperatures and cool breezes this factor highly motivate the nuclear attack since explosion  Ãƒâ€šÃ‚   increase the radiation aspect, which means that it is hard, so the factors to be emitted since the radiations that are emitted are highly motivated. Identify which government agencies (local, state, and federal) will need to be involved in response to the terrorist attack. All Federal authorities or the military setting in all local, state and federal should be enhanced in respect of the attack. This is because they can be in a position to respond to the attack on a more professional aspect since they have the credentials that are required to provide the basic care to the affected people by delivering them to the hospital facilities so that care can be offered. Additionally, there is the aspect of clearing and determining what the cause and how the explosion occurred. Federal authorities or the military can define detection of a small nuclear device with highly enriched uranium (HEU) so that if there is another explosion that is vulnerable can be deterred in a more professional aspect so that people cannot be affected. It is out of this that the situation can be held in control because the situation can be kept under control. This is the primary reason every agent should be involved in responseing to the terrorist attack so that they can control the situation since they cannot be affected due to the protections aspect. However, the response that is offered is based on preparedness, which is updated by mutual aid in emergences that are to emerge, in addition all agenesis are structured to have a response plan for any attack that I venerable, this means that a better manner of handling the situation can be obtained in a more critical aspect. More so, activeness and determination define different government agencies since they recognize and believe in assisting and eradicating attacks that occur. Still, all government agencies setting is to find and address perceptions of threats that are caused by the nuclear attack.   Explain the appropriate role and responsibility for all agencies involved. Appropriate role and responsibility for all agencies involved in a nuclear attack are to offer a framework that will respond to the emerging factors of the attack. To begin with, the first responsibility is that all state agenesis has the responsibility for the public health and welfare of the people involved in the attack. This means that they should respond effectively and offer first aid care in a more transparent aspect so that lives can be saved. The local agenesis has the responsibility of communicating to other agenesis so that action can be taken in all aspect. The federal agenesis should offer the responsibility of maintaining a wide array of capability and resources that can be used to deter another attack hence they secure every person involved and the recourses in general. The appropriate role of all agencies is to respond in a dynamic manner that will make that the situation is standardized, this can be enhanced by establishing a strong working relationship. By doing this, the situation can be dealt with in a more appropriate manner that will be defined. In addition, all involved agencies should be in a position to support participation in all mitigation efforts that will enable people who are affected fell more secure. All agencies role in the nuclear attack is narrowed down to three factors, which are to ensure that every emergency plan is well emulated and take account the needs of individuals who are involved. More so, it is to protect person, property, and structures that are affected by the explosion. Another significant role the involved agenesis should play is to encourage residents to participate in volunteering aspect that will see to it the situation is under control. . List communication methods between first responders and involved agencies; and identify necessary information that will need to be communicated to the public Emergency preparedness is based on the communication platform that is developed between the first responder and involved agencies.   Hence, the use of use of interoperable, backbone communications systems will offer a clear understanding of the situation. Hence, in it important to identify a better communication aspect that will deliver the message effectively. The communication method that should be enhanced involves all aspect of communication so that the situation can be controlled more so by providing a plan on how to take charge of the situation. This is done so that the masses of people can get information in different ways and know how they will deal with the emerging factors. It is by doing this that the purpose of the how to handle the situation will be identified and better logistics will be facilitated in more competence aspects. The type of communication methods between first responders and involved agencies that are involved will define the concept of operation. Hence everybody will be assigned different responsibilities to undertake this is as stated by Apikyan, Diamond, (2015). In addition, the plan that is developed and maintains the whole situation, like emergency planers should anticipate both active and passive aspect in the whole process which will include addressing all hazards and should elicit participation in acquiring assumption about the threats. However, the necessary information that will need to be informed to the public involve how to they should keep off the place that has been attacked. More so, if there is relevant information about expected attack their agencies should be informed immediately so that the situation can be deterred. This are so of the fundamental principles that should be expected to be portrayed when certain situation occurs so that an immediate plan can be facilitated in an effective manner. Explain the unique challenges first responders will face when responding to the attack. A nuclear attack is one the dangerous attack that can occur within a given area; this is because it is hard to come up with a plan that is effective in dealing with the situation on effective measures. This is because the grammar rays that are emitted when the explosive occur are reflected back even after some time, hence the first responders might be faced with different challenges while dealing with the situation. Since the nuclear attack is a technological accident, first responder may not be in a position to identify which are the appropriate approach that is supposed to be offered in the situation. This means that different responders can offer a different view on how the situation will be dealt with without knowing the repercussions that will be resulted in the situation. Another challenge is that there will be challenges to command and control the people involved for instance in the San Franciscos City Hall, which is in the heart of the city it will be hard for the respondent to act because there will be a reaction all people reacting due to the explosion. More so, managing is a vital aspect that ought to be counterchecked so that the attack can be controlled this means that the first responders will not be in a position to manage effectively since nuclear attack causes tension because of the light that is emitted and the heat. This means that first responders will be faced with the challenge of not being able to achieve the core factor of being in a position to bring the whole situation in control. Identify the proper Personnel Protective Equipment (PPE) that will be needed when responding to the attack. To respond to a nuclear attack, radiation safety equipments ought to be facilitated so that the person who is responding to the attack cannot be affected as well. In this case, facilitation of StemRads solution can be used since it is evident that this type of Personnel Protective Equipment is equal to the grammar rays that are elicited from the explosion. In this case, StemRads solution offers protection in all parts of the body, and this is the only protection aspect that can be used in order to deal with a nuclear attack since there are not repercussions that are facilitated in the process since it is a full package of that is designed for that purpose only.   More so, it is a sensitive Personnel Protective Equipment because it offers innovative measure in protection aspect and detecting aspect as well. On the other hand, it is designed to overcome selectively shields tissues increased radio sensitivity, and lighter is weight. Health issues are not vulnerable is the person responding to a nuclear attack is equipped with this aspects, this is because they cannot get any contact with gamma radiations. In addition, actuate radiation system offers transparency in dealing with the situation in a more professional manner. Address how first responders should establish a perimeter and how large the containment effort should be. Managing nuclear attach consequences calls for valid and appropriate measures that will be facilitated by certain parameters that define the whole function. In this case, the responders should enhance constitute a potential parameter that is based on an accurate overview of potential events that gives a brief description of the information in the nuclear attack so that the response actions, including the suggested elements, can be affirmed. In this case, the parameter that the responders ought to enhance should be based y the environmental factor of the region, the population of the region, and resource that are within the region where the nuclear aspect occur. This means that initial warning parameter should be offered so that the protocol followed should remain consistent hence clarity can be obtained in the situation. This depends on how the affected people are willing to be helped to so that they can get out of the situation. On the other hand, there is the aspect of defining the potential targets as a parameter so that their wellbeing is not interference. More so, this aspect offers an in depth vulnerability in the parameter perspective since first responders are in a position to identify the root cause of the problem and know what is expected for them to do, it is out of this that decision making should be in line with the parameter offered. On the other hand, there is the aspect of first responders whole should provide an initial assessment that will embark in the parameter formulation should define what should be done in the surveillance of a hazard caused by the nuclear attack. This is done so that information of the people involved can be delivered in a more resilient aspect. By facilitating this mass, care can be obtained by determining the safety parameters. This fact that reflects that containment effort should be effective and efficient in order to deter all protocol that is enhanced when the attack occurs. Explain what sort of decontamination procedures and equipment will be necessary to treat victims. Nuclear attach causes skin related problems due to the heat and radiations, more so the eyes are affected, and to forget due to the blast the ears will be affected. However, the sort of decontamination procedure and equipment that will be necessary to treat victims will be based on therapy aspect. This is because various disorder are caused due to the blast that occurs for instance, there are diagnosis and therapy procedures that ought to be initiated. For the affected people in terms of external aspect ought to be treated in medical care facilities that are well equipped so that it can offer different capabilities of how the will deal with emerging situations. The decontamination procedures are based on nature the nuclear attack that has occurred, this means effectiveness should be offered in all facilities so that affected victims can be treated appropriately. The equipments that are necessary to treat affected victim are radioactive iodine which is used in therapy aspect and can treat issues like cancer and other related medical conditions in victims. Another equipment is the use of scans radioactive materials called radiopharmaceuticals or radiotracers, which is used to deter the situation in victims (Aà ¯Ã‚ ¸Ã‚ ¡blokov, Nesterenko,   Nesterenko, Sherman, 2009). Identify the appropriate decontamination stage for the attack, and explain initial decontamination considerations. The appropriate decontamination process for the nuclear attack is identifying the situation, and what factors led the attack. By defining the problem, a better understanding can be enhanced in all agencies involved so that a better respond can be obtained and take charge of the situation.   The use of securing decontamination can be enhanced so that people can be eradicated from the seen with quick measurers as possible. More so, some consideration can do by educating different people so that they can be in a position to control the situation. More so, a gross decontamination should be reflective to the mass decontamination by considering this it means that responders can be in a position to control the attack and save people, by having a close relationship with other volunteers the situation can be controlled in a more resilient aspect. Explain the type of evidence first responders should be looking for, and how first responders can preserve any evidence. As it is clear, the first responders need to look for any signs or symptoms that the people may have regarding the attack. This includes the mentioned signs and symptoms and hence reduce the reactions that will be taking place among the victims. Out of this and with the use of appropriate procedures, then identifying the evidence will not only be easier but also ensure that mitigating factors are controlled. In order to achieve this, they need to look for evidence in the affected area, to identify this they need to have a little knowledge on how the highly enriched uranium reacts with the metal and other substance. They can be in a position to identify some of the identifiable reactive substances, which hence will enable diagnose of the scene. This can include metals or other elements like as plastic, and how they react with the highly enriched uranium element. Once they are aware, then it is evident that they shall restrict the people from going close to the reaction. This is not limited to the area of explosion alone but also to the scene which has been affected. Radiation occurs through waves. Therefore it is important for the responders to carry some of the equipment, which can help identify the waves of the radiations. With such response, they will be able to not only find the evidence but also prevent any further damage. Discuss the effect the attack will have on the area. Having known that San Francisco has a range of approximately 200 to nearly 1000 feet, and then it is clear that the highly enriched uranium will have adverse effects on the city. This is supported by various properties, which make Uranium a highly dangerous element. In this case, the surrounding will be destroyed and due to the range, that San Francisco has. The area affected will not only be large but also the destruction caused will be massive thus considering it as part of the effect on the area. Additionally, the losses incurred will not only be many but also result in a huge setback. Putting in mind that there is the use of one-way street, it clearly explains how great a commotion can occur; this is based on the confusion, which can be experienced. Out of this, then it clear that the effects can be broadly categorized into various ways. The overall confusion can affect people who are traumatic, and since the place is suitable to support the highly enriched uranium element, it makes it suitable for the attack. Conclusion To sum up, the recovery plan, having leant the outcome and effects and mitigating factors it is clear that appropriate measures can be taken to deter such a situation. More so, with the help of first responder and identified agencies either in the local aspect, state or federal agencies can be can play a huge role in the recovery of the city. Since San Francisco has suitable condition for highly enriched uranium (HEU) that attack may result in adverse effects, however with the help of the first responder and other influential bodies within the state the recovery plan will be a success. References Aà ¯Ã‚ ¸Ã‚ ¡blokov, A., Nesterenko, V., Nesterenko, A. Sherman, J. (2009). Chernobyl : consequences of the catastrophe for people and the environment. Boston, Mass: Published by Blackwell Pub. on behalf of the New York Academy of Sciences. Allison, G. (1996). Avoiding nuclear anarchy : containing the threat of loose Russian nuclear weapons and fissile material. Cambridge, Mass: MIT Press. Apikyan, S. Diamond, D. (2015). Nuclear Terrorism and National Preparedness. Dordrecht u.a: Springer Netherlands Hoffman, B. (2006). Inside terrorism. New York: Columbia University Press.Leikin, J. McFee, R. (2007). Handbook of nuclear, biological, and chemical agent exposures. Boca Raton: CRC Press. Mahan, S. Griset, P. (2013). Terrorism in Perspective. San Francisco: SAGE.   Retrieved from https://www.cdc.gov/niosh/programs/ppt/pdfs/PPE_Interim_Guidance_6-10-08.pdf Rosenbloom, D., Williams, M. Watkins, B. (2010). The effects of nuclear war. Honolulu: University Press of the Pacific. Retrieved from https://www.dhs.gov/xlibrary/assets/prep_nuclear_fact_sheet.pdf

History And Philosophy Of Vegetarianism :: essays research papers

Vegetarianism is the theory or practice of living solely on vegetables, fruits, grains and nuts. It is practiced for moral, ascetic or nutritional reasons In Western society today meat in many different forms is readily and economically available, yet the current trend shows a growing number of voluntary vegetarians around the world. In the United States, roughly 3 to 4 percent of the total populations are considered vegetarian. The origins of modern day Vegetarian philosophy and its influences can be traced back nearly three thousand years. . Most vegetarians are people who have understood that to contribute towards a more peaceful society we must first solve the problem of violence in our own hearts. So it's not surprising that thousands of people from all walks of life have, in their search for truth, become vegetarian. Many well known influential philosophers have both preached as well as practiced its inherent advantages.   Ã‚  Ã‚  Ã‚  Ã‚  The earliest archeological data we have that suggest a voluntary partial vegetarian diet is the Old kingdom of Egypt. There are hieroglyphic inscriptions, which suggest the avoidance of eating some animals. The priests avoided eating pig for its lack of cleanliness, and cow for their belief that it was sacred mainly did this. This is believed to been practiced as early as 3000 BC. There are few historical sources on the practice of abstaining from meat in ancient Egypt, but we do know it directly influenced the beliefs held across the Mediterranean in Greece.   Ã‚  Ã‚  Ã‚  Ã‚  Pythagoras was born off the coast of Turkey on the Island of Samos in the 6th century BC. He is most famous for his well-known proposition about right angle triangles, known as the Pythagorean theorem. Having spent time in Egypt and Babylon, much of his main philosophical teachings are a combination of ideas expressed in the places he traveled to.   Ã‚  Ã‚  Ã‚  Ã‚  Pythagoras preached the soul as being abstract and immortal. A soul is within all living creatures, and therefore all creatures, man or beast deserve to be treated compassionately. The soul was said to pass between lives into different living creatures. Therefore in eating the flesh of an animal, one could be eating the flesh of a deceased cousin. This was somewhat revolutionary for a world in which religious ritual was centered on animal sacrifice. He also believed in the concept that an eternal world which was revealed to the intellect through continuous ascetic routines rather then the senses.

Influence of Baroque Music to Classical Music Essay

Music of any period reflects, in its own way, some of the same influences, tendencies, and generative impulses that are found in the other arts of that time (Donna, 2005). Thus the word â€Å"baroque,† usually used despairingly by eighteenth-century art critics to describe the art and architecture of the seventeenth and early eighteenth centuries, came to be applied also to the music of the seventeenth and early eighteenth centuries. After some years after the death of Johann Sebastian Bach, the ornate, formal and strict form of the High Baroque became â€Å"old-fashion† and lost its favor. Music slowly began to change form the style and forms of the High Baroque to a simpler yet tuneful form around 1750. The period following the Baroque is called the Classical period. The transition to the new styles and forms of Classical music was, like all transitions, rather complicated. The use of the baroque bass figure lost its taste and became obsolete. The preference of a simple structure rather than polyphonic constructions became dominant most especially in secular music. There was also a preference for one clear melodic line without melting with many others. Although baroque music differs greatly from classical music, they have striking similarities as evident in specific styles and forms. Though Classical composers tend to avoid the antiquated Baroque, one cannot fully abandon the styles and forms of the immediate predecessors. Instead, these styles were further developed to form a new meaning and use on the new musical structure. Forms like the opera and orchestra revolutionized—the former branching out from serious to variety, and the latter have a complete upheaval. Moreover, on the late Classical period, great composers such as Beethoven and Mozart studied the works of Baroque composers Bach and Handel. The later works of the classical composers were characterized of having innovative yet powerful polyphony inspired by Bach’s masterpieces, and contrapuntal melodic lines imbued with the oratorios and suites of Handel. General characteristics of baroque music Baroque composers were united in a common goal: to express or represent a wide range of feelings vividly and vigorously. They sought musical means to express or arouse the affections.  Rather than they express their personal feelings, composers wanted to represent human emotions in a generic sense (Norton, 2010). The music is regarded for its distinct, formal compositional styles and forms. Style Various styles laid the foundation of baroque music. Expressive and expansive in melody yet deeply rooted in chordal harmonies, baroque music is typically highly rhythmical and quite easy to listen to. The comfortable regularity and lively rhythmic qualities of much of baroque music have made it appealing to many modern listeners. For more detailed listeners, one can interpret the music having poignant and stirring melodies, engaging conversation-like dialogues in sound, and rich harmonies and textures (Daniels & Wagner, 1975). Modality was replaced by tonality which gave a strong feeling of joy or lament. In 2008, Ferris explains that composers developed and theoreticians articulated the tonal system, in which every note of the major or minor scale bears a specific relationship to every other note, and all of the pitches are more or less similar to the tonic. Composers at that time recognized and utilized triad chords as an entity, which resulted to meaningful and consonant units of sound. The use of triads most especially the three principle chords (tonic, dominant, and subdominant) paved a stable and harmonic direction to tonal music (The Baroque Period). Thus, the tonal system of harmony was wholly adopted during the seventeenth century. In addition, the continuous use of the polyphonic texture during the Early Baroque was revolutionized to form a new texture—the homophony. Imitative polyphony (more than one melodic line) was an extremely important factor in writing and playing music (The Baroque Era, Kamien, 2008). New forms of polyphonic music were developing because baroque composers felt that the art of counterpoint was essential to their artistry. On the other hand, the homophonic method (a musical technique that displays a vast separation amongst the melody line and the accompaniment) was gaining acceptance and use quite rapidly (The Baroque Era). The homophonic musical style played a significant role in opera and solo vocal music because it ocused the listener’s concentration in the poetic melody of the singer. Most pieces in baroque music have the basso continuo which gave way to uniformity and unity. Basso continuo, or figured bass, is an accompaniment which consists of a bass part with numbers which specify the chords to be played above it. Musical works containing a continuo part helped to convey harmonic support of chords under the melodic line (The Baroque Era). Kamien (2008) states that basso continuo is usually played by at least two instruments: an organ or harpsichord and low melodic instrument like the cello or bassoon. Kamien (2008) also adds that â€Å"the organist of harpsichordist plays the bass part with the left hand which is also played by the cellist or bassoonist. With the right hand, the keyboard player improvises chords or melodic line by following the numbers. Because the numbers only indicate a basic chord, the performer has a wide field of freedom. † With continuity of rhythm and melody, baroque music also features continuity of dynamic level. This means that the volume stays the same for a period of time, and then there is a sudden shift to a different dynamic level. There are no gradual changes in dynamics (such as a crescendo or decrescendo). Terraced dynamics were used as the main keyboard instrument was the harpsichord, which could only be played in two modes, either forte (loud) or piano (soft), precluding the ability to accomplish crescendos or decrescendos (Kamien, 2008). Moreover, baroque composers fashion their work with different kinds of ornamentation. For Baroque musicians, ornamentation is not merely decoration that has no intrinsic value but rather the chief way of moving affections. One should, therefore, try in his ornamentation, as in all other aspects of his interpretation, to effectively communicate the sense of the music. In a lyrical movement, baroque performers intensify the expressiveness through the use of smooth melodic ornaments and appoggiaturas, in a brilliant movement, incorporate virtuosic ornaments, and in a movement that seems complete, add almost nothing besides essential cadential trills (www. musebaroque. fr). Eventually, both vocalists and instrumentalists recognized the principal ways of ornamenting a melodic line. First, brief formulas called ornaments—such as trills, turns, appoggiaturas, and mordents—were added to certain notes to emphasize accents, cadences, and other significant points in the melody (Norton, 2010). Second, more extended embellishments—such as scale and arpeggio passages, and other types of flourishes—were added to create a free and elaborate paraphrase of the written line (Norton, 2010). Forms In 1573, a group of musicians and intellectuals came together to discuss various subjects, especially the desire to revive Greek drama. This group of individuals is known as the Florentine Camerata, they wanted lines to be sung instead of simply being spoken (Styles of the Baroque Period). The group developed a new vocal style based on the music of the ancient Greek tragedy. This new style followed the rhythms and pitch fluctuations of speech. It was sung by a soloist with only a simple chordal accompaniment and was, thus, homophonic; the Camerata rejected polyphony because it would obscure the all-important text (Kamien, 2008). Together with the opera, the oratorio stands as a major development in baroque vocal music. Like opera, the oratorio is a large-scale composition for chorus, vocal soloists, and orchestra usually performed during the Lenten season in the oratory, from which its name was derived; it is usually set to a narrative text. Oratorio differs from opera in that it has no acting, scenery, or costumes. Most oratorios are based on biblical stories, but usually they are not intended for religious services (Tovey, 1956) The genre reached its heights in the late baroque period in the works of George Frederic Handel such as the Messiah with its well-known chorus of continuous praise of Hallelujah. Likewise, the baroque mass is an instrumentally accompanied vocal music tended to be a conservative musical form. As the seventeenth century progressed, masses began to incorporate concertato style and to have instrumental accompaniments. These developments led to the five masses of J. S. Bach, whose B Minor Mass is one of the towering monuments of Western music (Daniels & Wagner, 1975). One of the most significant aspects of the Baroque period was the emergence of independent instrumental music. Its development was not entirely what the Florentine composers had intended; â€Å"the new forms†, Kitson (1966) stated, â€Å"were by-products of reform†. The use of the modal system was broken down, and establishment of the major-minor tonality were considered. But, the old contrapuntal style was not abolished entirely. The known form of during the Baroque is the fugue. According to Kamien (2008), a fugue, written for a group of instruments or voices, or for a single instrument, is a polyphonic composition which is based on one theme called subject. Composers wrote fugues both as independent pieces and as sections within preludes or toccatas (Norton 2010). Throughout a fugue, different melodic lines, or â€Å"voices†, imitate the subject. Fugue subjects usually have a clearly defined character and a lively rhythm. Music that had become associated with various social dances began to separate itself and became a type of independent instrumental music. The baroque suite is a set of dance-inspired movements, all in the same key but different in tempo, meter and character. It is performed by a solo instrument, a small group of instruments, or an orchestra (Wright, 2008). The movements of a suite are usually in AABB form. The section A, which starts from the tonic key then shifts to the dominant, is balanced by the section B, which starts from dominant then shifts to the tonic (Kamien, 2008, p. 103). Moreover, the orchestra during the baroque period was a performing group on instruments of the violin family. The baroque orchestra was consisted of ten to thirty or forty players. At its core were the basso continuo and upper strings. The use of woodwind, brass and percussion instruments are variable depending on the demand of the piece to be played. An aria (in English works sometimes called an â€Å"air†) signifies a melody apart from the harmony, but especially a musical composition for single voice or instrument, with an accompaniment of other voices or instruments. The aria in Bach’s suites is a short binary movement in a flowing rhythm in not very slow common or duple meter (Tovey, 1956). Influence of baroque music to classical music In the middle of the 18th century, Europe began to move toward a new style in architecture, literature, and the arts, generally known as Classicism, which sought to emulate the ideals of Classical antiquity and especially those of Classical Greece. Changes in musical perception on style and form are likely caused by a sum of economic, religious, sociological and political factors. It is interesting to examine the music created within the hazy boundaries between the periods. Style Norton (2010) believes that â€Å"at its best, Classical music reached a consistently high standard and possessed the qualities of a noble simplicity, balance, perfection of form, diversity within unity, seriousness of purpose, and use of ornamentation. † The transition to the new style was rather complicated. There was a general relaxation of formality, and for a while nothing much to take its place (Daniels & Wagner, 1975). The relaxation in the court life favored the Rococo (derived from the French word rocaille referring to the artificial rockwork), a reaction to the formalism, rigidity, and seriousness that had become characteristics of the Baroque, and a decorative style that was lighter, smaller in scale, and wittier than the Baroque (Daniels & Wagner, 1975, Kitson, 1966). The melody most typically consisted of a series of a series of short motives, repeated several times and cast in four or eight measure phrases. The melody is also generously supplied with a variety of trills, mordents, and the like. Classical music is basically homophonic. It seemed a proper alternative to the heavy polyphonic textures of the High Baroque. However, texture is treated as flexibly as rhythm. Pieces shift smoothly or suddenly from one texture to another. A work may begin homophonically with a melody and simple accompaniment but then change to a more complex polyphonic texture that features two simultaneous melodies or melodic fragments imitated among the various instruments. In addition, polyphony was piously maintained when it came to church music. It was used for intensification, contrast, and development in the late works of Haydn and Beethoven The most far-reaching event of Rococo music was the development of the simple two-part dance form of the Baroque, through a gradual enlargement and refinement, to the sonata-form of the Classical period. The end result was a form that remained in a dominant position in the field of instrumental music for almost two hundred years (Kitson, 1966). Indeed, it is a marvel of structural flexibility, capable of the greatest conceivable variety of expressive content. By the beginning of the eighteenth century, it was generally cast in a form consisting of three movements arranged in fast-slow-fast sequence. In sonatas and other pieces for violin, gradual increases and decreases of dynamics had long been employed; a theorist addressed the problem of crescendo and decrescendo receiving considerable attention. The Italian opera orchestra, too, had been familiar with swelling of tone. The solution is the borrowing a baroque style. Terraced dynamics had provided composers with one means of achieving contrast. Operas employing this device were widely performed throughout Europe. Form The practice of the baroque era was the standard against which new forms was measured, and there came to be a division between sacred works, which held more closely to the Baroque style from secular works, which were in the new style. A new orchestra developed during the classical period. It was a standard group of four sections: strings, woodwinds, brass, and percussion unlike the baroque which could vary from piece to piece. The number of musicians in a classical orchestra was greater than in a baroque group. Classical composers exploited timbres of each instruments. Unlike baroque composers, they did not treat instruments interchangeably. The Classical composers were the first to orchestrate for instruments like clarinet, trombone, and piccolo (Daniels, Wagner, et al, 1975). According to Kamien (2008), â€Å"the classical orchestra had developed into a flexible and colorful instrument to which composers could entrust their most powerful and dramatic musical conceptions. The mass continued to be an important form for Mozart, Haydn, and Beethoven. During the Classical period, masses involved orchestra, soloists, and choir in a fully integrated work, using organizational principles derived from instrumental forms (The Classical Period). The majority of Mozart’s masses were in Missa brevis type, the simultaneous setting of several lines of text, or the omission of certain sections of the mass, becau se the Archbishop Colloredo of Salzburg had no patience with long Masses. Effects of the influences of baroque music Long after the Baroque era ended, and their music was all but forgotten, both Handel and Bach were rediscovered in the Classical era. All great Classical composers like Mozart and Beethoven, after Bach and Handel, studied their works and learned from them in grasping and further developing Bach’s and Handel’s science of baroque composition in such a way, that something entirely new emerged, pointing into the future. Proficient Wolfgang Amadeus Mozart The works of Bach, such as the B-minor Mass and the six motets, and Handel, for example, the Messiah had deeply influenced the works of Mozart in his last years of writing music. Mozart was thoroughly familiar with the music of Handel. During his childhood trip to England, he became well acquainted with Handel’s music and he never lost his taste for it. One can hear Handel’s influence in some of Mozart’s early works, such as The Solemn Vespers, and in later works such as the Great Mass and the Requiem Mass in D minor. In fact, the opening page of Mozart’s Requiem, beautiful as it is, is merely a reworking of the opening choral movement of Handel’s funeral music for Queen Caroline (Langlois, 2008). At the age of thirty, Mozart, visiting the St. Thomas Church in Leipzig, upon hearing a Bach motet for the first time, exclaimed â€Å"Now there is music from which a man can learn something. † Then, the choirmaster at Leipzig gave Mozart a copy of the score to all six of the Bach motets. They were a profound influence on his late style. In the last two years of his life, Mozart’s counterpoint became even more exquisite and complex than before (Langlois, 2008). Moreover, Mozart was attracted to the main genres in which Bach excelled—keyboard sonatas, keyboard concertos, symphonies and operas. Bach’s singing-style themes, tasteful use of expressive motives, suspenseful harmonic ambiguities, and consistent thematic contrasts became permanent features of Mozart’s writing (Portowitz). Ludwig van Beethoven Having Mozart as his model for his compositional styles, Beethoven had been familiar to the styles of the works of Bach and Handel. He continuously borrowed ideas, techniques and texture of the music of the baroque in his latter musical career. In his later years, wanting to compose certain pieces in a more contrapuntal style, Beethoven worked hard at mastering counterpoint. He studied the music of Bach, Handel, and even of Palestrina. In his late music, he developed a style of counterpoint that is more reminiscent of Handel than Bach. His fugues in his late period are very rhythmic in nature and quite unique in the history of music (Langlois, 2008). Beethoven showed his constant concern with the work of J. S. Bach. He constantly requested copies of newly published editions, for example, a copy of the B-minor Mass, from the well-known publishers in Leipzig and Zuurich. In Beethoven’s sketchbooks, interspersed among work on his own compositions, there are numerous entries of short or long passages from Bach’s works, among them, the Chromatic Fantasy, and fugues from The Well-Tempered Clavier and The Art of the Fugue (Cramer, 2001). For Beethoven, the sense and aim of the study of his predecessors, was indeed his own further development, toward new ideas. Beethoven described this very clearly in a letter to the Archbishop Rudolph, in which he clearly names Bach and Handel as the only true geniuses, among his predecessors: â€Å"The aim of the world of art, as indeed in the whole creation, is freedom, progress; if we moderns have not the same firmness as our ancestors, yet the refinement of our manners has in many ways enlarged our sphere of action. â€Å"

Separation of Church and State

SEPARATION OF CHURCH AND STATE Constitutional Context: â€Å"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† (1st Amend). Executive Branch Context: â€Å"We should live our lives as though Christ were coming this afternoon. † – Jimmy Carter â€Å"I was humbled to learn that God sent His Son to die for a sinner like me. † – George W.Bush†We hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are Life, Liberty, and the pursuit of Happiness. † – Thomas Jefferson, Declaration of Independence, July 4, 1776 Congressional Context: Public Law 97-280 is a resolution that recognizes the influence of the Bible on th e development of our nation. Introduced as Senate Joint Resolution 165, with thirty-three co-sponsors, and as House Joint Resolution 487 with 219 co-sponsors, a request was delivered before Congress to honor the Bible as Holy Scripture.The resolution suffered no amendments, no exclusions, no demands that it be stricken of religious references. It became law. The 97th Congress of the United States publicly declared 1983 the national â€Å"Year of the Bible†. The bipartisan document known as Public Law 97-280, was signed on October 4, 1982 by Speaker of the House Thomas P. O'Neill, President of the Senate – Pro Tempore Strom Thurmond, and President of the United States Ronald Reagan.It reads as follows: WHEREAS the Bible, the Word of God, has made a unique contribution in shaping the United States as a distinctive and blessed nation and people; WHEREAS deeply held religious convictions springing from the Holy Scriptures led to the early settlement of our Nation; WHEREAS Biblical teachings inspired concepts of civil government that are contained in our Declaration of Independence and Constitution of the United States; WHEREAS many of our great national leaders–among them Presidents Washington, Jackson, Lincoln, and Wilson–paid tribute to the surpassing influence of the Bible in our country's development, as in the words of President Jackson that the Bible is â€Å"the Rock on which our Republic rests†; WHEREAS the history of our Nation clearly illustrates the value of voluntarily applying the teachings of the Scriptures in the ives of individuals, families, and societies; WHEREAS this Nation now faces great challenges that will test this Nation as it has never been tested before; and WHEREAS that renewing our knowledge of and faith in God through Holy Scripture can strengthen us as a nation and a people:  NOW, THEREFORE, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assem bled, That the President is authorized and requested to designate 1983 as a national â€Å"Year of the Bible† in recognition of both the formative influence the Bible has been for our Nation, and our national need to study and apply the teachings of the Holy Scriptures. Both secularists and Christians in evangelism in America must operate within the context of the controversy of the separation of church and state. The State and Church are in mutual consensus as evidenced in both the law of the land and in the law of God. By resolution of U. S. Congress ratified by President Reagan PL 97-280 our government acknowledges the formative role of the Bible in our State affairs â€Å"the history of our Nation clearly illustrates the value of voluntarily applying the teachings of the Scriptures in the lives of individuals, families, and societies. Likewise, scripture speaks to the church on this duty as a citizen: Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God's servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God's wrath on the wrongdoer.Therefore one must be in subjection, not only to avoid God's wrath but also for the sake of conscience. For because of this you also pay taxes, for the authorities are ministers of God, attending to this very thing. Pay to all what is owed to them: taxes to whom taxes are owed, revenue to whom revenue is owed, respect to whom respect is owed, honor to whom honor is owed. (Romans 13:1-7 ESV) â€Å"The Americans combine the notions of Christianity and of liberty so intimately in their minds, that it is impossible to make them conceive the one without the other. †Ã‚  Alexis de Tocqueville The tendency of textbook authors has been to deny or denigrate the role of religion in their depictions of the founding of the United States.Historians like Professor Eric Foner teach their students that the Founding Fathers were able to embrace progressive ideas  like freedom and equality because they viewed Christianity and the Bible as â€Å"outdated superstitions that should be abandoned in the modern age. †1Eric Foner,  Give Me Liberty,  2005 edition, p. 145 The truth is very different. College history professors, like other left wing extremists, are loath to acknowledge that religion has played a positive role in the development of this nation; yet any honest portrayal of American history would have to acknowledge it. The rights and freedoms enshrined in the Declaration of Independence and the Constit ution were, the Founders thought, quite literally sacred; having been bestowed on the human race by God Himself.The American people of the late eighteenth century were more generally devout in their Christianity than the citizens of any other nation, and there is a reason for that. In America religion was not imposed on the people by government, it was freely chosen. Sincere religious faith animated the founders and masses of this nation in ways that other nations of the world could not understand. Secular humanists and effete leftists who populate college history faculties, historical revisionists might be uncomfortable with the Biblical basis of America’s principles of freedom and equality, and might even work to keep the information from their students, but the facts remain what they are.Religious convictions provided the ideological underpinnings of the founding principles of this nation. Effect of Separation of Church and State When the Frenchman Alexis de Tocqueville vi sited the United States in 1831 and 1832, he remarked that there was â€Å"no country in the whole world in which the Christian religion retains a greater influence over the souls of men than in America† (Tocqueville, p. 350). Tocqueville made it clear that while religion was an important part of the American character, religious conformity was not. The Americans he met approached God as individuals. Unlike Europe, where citizens passively accepted whatever religious denomination their rulers might mandate, the Americans chose their own churches. The sects which exist in the United States are innumerable,† said Tocqueville, â€Å"they all differ in respect to the worship which is due from man to his Creator, but they all agree in respect to the duties which are due from man to man† (p. 350). Tocqueville was observing and describing a new and powerful religious enthusiasm among American Protestants after a wave of religious revivals known as the Great Awakening. R eligious rebirth gave some Americans a mooring in a fast changing world; others determined to refashion their society, working through new political parties to shape an agenda for the nation or through reform associations targeting a particular social evil.Although not all evangelicals agreed about politics or even about what needed reform, religion was the lens through which they viewed events and sought change. The separation of Church and State also had a significant effect. The absence of a state church meant that in America many sects would flourish. And since most churches and religious groups have been interested in maintaining their own orphanages, hospitals, aid societies, and other welfare institutions, these have abounded in America. Furthermore, the long experience of promoting social welfare through these and other voluntary associations may have led Americans to feel that there was unique value in such private operations (Trattner, p. 42).Lord Bryce student of American affairs in 1888 observed: In the works of active benevolence no country has surpassed, perhaps none has equaled, the United States. Not only are the sums collected for all sorts of philanthropic purposes larger relatively to the wealth of Americans than in any European country, but the amount of personal effort devoted to them seem to a European visitor to exceed what he knows at home (Trattner, p. 42). The Ramifications of the Separation of Church and State on America today Where does the debate begin? Since Jesus arrived in world history, the powers that be were either honored or threatened by his presence, though wise men from the east worshiped him, King Herod sought to have him killed.Jesus taught his disciples a principle that is compatible to the a separation of church and state: â€Å"to render unto Caesar the things that are Caesar’s and unto God the things that are God’s †(Matthew 22:15). The ruling authority of the Jews were at odds with Jesus. The S anhedrin instigate false charges to commence the greatest trial of all history where Jesus was asked by Pontius Pilate ‘what is truth’ and though innocent he was condemned and executed by Roman crucifixion. A period of martyrdom and persecutions followed but the church continues to multiply until Emperor Constantine sees opportunity to unite his kingdom under the banner of the Cross and declared the Church to be the religion of the Roman Empire. Christendom as political authority is not immune from corruption.The church splits East (Greek) and West (Latin) followed by the reformation, centuries are characterized by periods of turmoil, civil strife, imperial conquest, witch hunts, wars of religion and persecutions, generated in large part by established churches determined to maintain their absolute political and religious supremacy. â€Å"With the power of government supporting them, at various times and places, Catholics had persecuted Protestants, Protestants had per secuted Catholics, Protestant sects had persecuted other Protestant sects, Catholics of one shade of belief had persecuted Catholics of another shade of belief, and all of these had from time to time persecuted Jews† (Everson case).Protestants and Catholics denounced and persecuted each other as heretics and followers of Satan. Settlers in American Colonies Early settlers came from Europe to the colonies of America to escape the bondage of laws which compelled them to support and attend government-favored churches. In efforts to force loyalty to whatever religious group happened to be on top and in league with the government people could be put in jail for speaking disrespectfully of the views of ministers of government-established churches, non-attendance at those churches, expressions of nonbelief in their doctrines, and failure to pay taxes and tithes to support them, fined, cruelly tortured, and killed. All publications, whether pamphlets or scholarly volumes, were subject to prior censorship by both church and state, often working hand in hand† (Redmond Lecture Two)(Macaulay, 320-22). Any serious student of history particularly Church history, will no doubt come to the conclusion that it is not workable when the state is running the church nor is it workable when the church is running the state. There are churches with traditions and views on both sides of the issue. Confusion about separation of church and state involves, in part, confusion about definitions, unreasonable expectations and unfounded fears. For example there is more clarity when we distinguish between religion and morality in civil terms.The domain of religion involves duty to God. How could civil law make a ruling on a contract with God as a party? Clearly there is no jurisdiction over the unseen eternal God but rather God does have authority over His creation. Morality involves our duty to one another and is within the jurisdiction of the civil courts. Our lawmakers usurp God ’s sovereign authority if they presume to tell people how, when, or if to worship — that would be legislating religion. But lawmakers are obliged to inform people how they should treat one another— that’s legislating morality. There is some overlap as in the great love command God tells us to love him and love one another as we love ourselves.And likewise in the law of the land, the fact is that contrary to popular opinion, all laws legislate morality in that set out what is morally right and wrong, and every law legally declares a behavior legal/acceptable/right and its opposite illegal/ not acceptable/ wrong. Although there are Christians on both sides of the question of church v. state, the underlying concern is not whether we as a people can elect representatives to legislate morality but rather the underlying concern is: â€Å"Whose morality should we legislate? † Rule of Law Certainly, in a representative democratic constitutional republic, i t is impossible to sustain a cohesive rule of law if each individual is permitted to tailor design their own personal preference for what constitutes morality. In the Declaration of Independence and the Constitution, the founders perhaps anticipated this dynamic.It should not be my morality that gets legislated or yours or one that is continually redefined and reinvented, but rather the one that is â€Å"self-evident† because it has been endowed on us by our Creator. † When part of the â€Å"Laws of Nature,† we only hurt ourselves and others by suppressing those truths so we can do what we want. Just as there is Social Darwinism there is also a legal Darwinism. Throughout Western history until the second half of the nineteenth century, the idea of a higher moral law dominated European and American law. This mainstream tradition lasted as the main school of legal thought until the rise of evolutionary thinking in the nineteenth century. In particular, the idea tha t human law must be subject to some objective moral standards tarted to be more deeply challenged when Darwin’s theory of biological evolution was interpreted as implying the non-existence of God and accordingly, of God-given law and rights (http://creation. com/evolutionary-legal-theories). Marriage as an Example of Moral Law For a thousands of years, we have legislated the self-evident truth that men are meant for women. Now suddenly homosexuals—long critical of conservatives for trying to â€Å"legislate morality†Ã¢â‚¬â€are trying to legislate their own morality in the form of same-sex marriage. They want to ignore self-evident truths and impose their own invented morality on the entire country. The Defense of Marriage Act is passed and upheld on appeal but then not honored by the President but rather he profers a different view of marriage.These conflicts of law are generating a confused moral fabric of cases, law, tradition and belief without any authority adequately endowed with sufficient credibility to serve as the premier lawgiver. For Congress and States the question is this: Should they continue to legislate the inherited morality that nurtures the next generation (natural marriage), or the invented one that entices it to destruction (same-sex marriage)? Some states come down without wavering, some waver. The answer used to be considered to be self-evident. To aid in their analysis the Supreme Court has constructed a legal principle that the Constitution requires a strict separation of church and state.The concept of separation should not be construed as mutual exclusivity as a first step in a divorce process, not ‘freedom from religion’ but rather in the giving of ample space to thrive as separate but equal partners in ‘freedom of religion’. Churches and the Bible teach that murder, rape, and child abuse are wrong, and no one says laws prohibiting such acts are a violation of the â€Å"separation of church and state. † In fact, if the government could not pass laws consistent with church or biblical teachings, then all criminal laws would have to be overturned because they are all in some way consistent with at least one of the Ten Commandments as standards of ethical values. With respect to this issue of marriage for example, there are churches on both sides of this issue.In other words,  some churches actually support same-sex marriage. So if there is a strict separation of church and state, then one position should prevent the converse. If one cannot put male-female marriage forward then one shouldn’t be able to put the pro-same-sex marriage position into law either, right? The revolutionary settlement ultimately promoted the radical idea that the church and state ought to be separated. Prior to 1776, Rhode Island, New Jersey, Pennsylvania, and Delaware had allowed full religious liberty. They had done so because local diversity made any other policy impossibl e or because of an ideological commitment to religious freedom.Other colonies followed the more common practice in Europe, with established churches endorsed by the government and supported by public taxes. Although civil authorities grudgingly tolerated â€Å"dissenters† such as Methodists and Baptists in those colonies,, their numbers were growing rapidly. On the eve of the Revolution, they noisily pressed their case for full religious liberty. With independence, pressure built for severing all ties between church and state. Isaac Backus, the most outspoken of New England’s Baptists, protested that â€Å"many, who are filling the nation with the cry of liberty and against oppressors are at the same time themselves violating that dearest of all rights, liberty or conscience. Such arguments were strengthened by the belief that throughout history, alliances between government and church authorities had brought religious oppression, and that voluntary choice was the onl y safe basis for religious association. In New England, Congregationalists fought to preserve their long established privileges. To separate church and state, they argued, was to risk infidelity and disorder. Massachusett’s 1780 constitution guaranteed everyone the right to worship God â€Å"in the manner and season most agreeable to the dictates of his own conscience. † But it also empowered the legislature to require towns to tax their residents to support local ministers.Backus argued that official support should be ended completely â€Å"religious toleration,† he insisted, fell far short of true religious freedom. Not until 1833 were laws linking church and state finally repealed in Massachusetts (Nash, 192). In Virginia, Baptists pressed their cause against the Protestant Episcopal Church, successor to the Church of England. The adoption in 1786 of Thomas Jefferson’s Bill for Establishing Religious Freedom, rejecting all connections between church an d state and removing all religious tests for public office, decisively settled the issue. Three years later, that statute served as a model for the First Amendment to the new federal Constitution. But even the most ardent supporters of religious freedom were not prepared to extend it universally.The wartime alliance with Catholic France together with Congressional efforts, to entice Catholic settlers in Quebec to join the resistance against Britain had weakened long- established prejudices. Still, anti-Catholic biases remained strong, especially in New England. The people of Northbridge, Massachusetts, wanted to exclude â€Å"Roman Catholics, pagons, or Mahomitents† from public office. The legal separation of church and state did not end religious discrimination , but it implanted the principle of religious freedom firmly in American law. | Originally, the First Amendment applied only to the federal government. A number of the states effectively had established churches  wh en the First Amendment was ratified, with some remaining into the early nineteenth century.In the United States, the controversial topic of the interrelationship between church and state is set forth in a legal conceptual framework as well as an unwritten tradition of mutual consensus and understanding between the Church and State both on a federal as well as a state and local level. Following the passage of the Thirteenth to Fifteenth Amendments to the Constitution at the end of the Civil War, the Supreme Court would hear hundreds of cases involving conflicts over the constitutionality of laws passed by the states. The decisions in these cases were often criticized as resulting more from the biases of the individual Justices than the applicable rule of law or constitutional duty to protect individual rights. In 1947, in the case Everson v.Board of Education, Supreme Court by Justice Black ruled that the Establishment Clause of the First Amendment erected a, â€Å"wall of separatio n between church and state† which the Court found means that the government cannot participate in the affairs of a religious group, set up a church, aid or prefer one religion over another, or aid or prefer religion over non-religion. That wall must be kept high and impregnable. We could not approve the slightest breach. † The â€Å"separation of church and state† phrase which they invoked, and which has today become so familiar, was taken from an exchange of letters between President Thomas Jefferson and the Baptist Association of Danbury, Connecticut, shortly after Jefferson became President which we will consider further. First we must glean the premier casselaw on topic and Everson v. Board of Education, 330 U. S. 1 (1947) was landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law. Prior to this decision the First Amendment words, â€Å"Congress shall make no law respecting an e stablishment of religion† imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges. This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment. The decision in Everson marked a turning point in the interpretation and application of disestablishment law in the modern era.The case was brought by a New Jersey taxpayer against a tax funded school district that provided reimbursement to parents of both public and private schooled children taking the public transportation system to school. The taxpayer contended that reimbursement given for children attending private religious schools violated the constitutional prohibition against state support of religion, and the taking of taxpayers' money to do so violated the constitution's Due Process Clause. The Justices wer e split over the question whether the New Jersey policy constituted support of religion, with the majority concluding these reimbursements were â€Å"separate and so indisputably marked off from the religious function† that they did not violate the constitution.However, both affirming and dissenting Justices were decisive that the Constitution required a sharp separation between government and religion and their strongly worded opinions paved the way to a series of later court decisions that taken together brought about profound changes in legislation, public education, and other policies involving matters of religion. Both Justice Hugo Black's majority opinion and Justice Wiley Rutledge's dissenting opinion defined the First Amendment religious clause in terms of a â€Å"wall of separation between church and state†. After repealing a former ban, a New Jersey law authorized payment by local school boards of the costs of transportation to and from schools – inclu ding private schools.Of the private schools that benefited from this policy, 96% were parochial Catholic schools. Arch R. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion through the mechanism of reimbursing parents and students for costs incurred as a result of attending religious schools violated both the New Jersey state constitution and the First Amendment. After a loss in the New Jersey Court of Errors and Appeals, then the state's highest court, Everson appealed to the U. S. Supreme Court on purely federal constitutional grounds. Arguments were heard on November 20, 1946. The 5-4 decision was handed down on February 10, 1947.The Court, through Justice Hugo Black, ruled that the state bill was constitutionally permissible because the reimbursements were offered to all students regardless of religion and because the payments were made to parents and not any religious institution. Perhaps as important as the actual outcome, though , was the interpretation given by the entire Court to the Establishment Clause. It reflected a broad interpretation of the Clause that was to guide the Court's decisions for decades to come. It was not until the twentieth century that the  Supreme Court  began to interpret the Establishment and Free Exercise Clauses in such a manner as to restrict the promotion of religion by the states. In the Board of Education of Kiryas Joel Village School District v.Grumet (1994), Justice  David Souter, writing for the majority, concluded that â€Å"government should not prefer one religion to another, or religion to  irreligion. † Documents consistently cited by the Supreme Court Justices were the Memorial and Remonstrance by James Madison and an Act Establishing Religious Freedom by Thomas Jefferson. The case of Cantwell v. Connecticut (1940) for the first time in the nation’s history determined that the Amendment’s religion clauses apply to state and local laws. C antwell employed what has come to be labeled the incorporation doctrine. Using this doctrine, the justices in Cantwell found in favor of extending free exercise protection to members of the Jehovah’s Witnesses in Connecticut.Justice Roberts wrote, â€Å"The Fourteenth Amendment has rendered the legislatures of the states as incompetent as Congress to enact such laws. † A few months later in Minersville v. Gobitis, the court determined that even with the incorporation doctrine Jehovah’s Witnesses were not protected from disciplinary action when they abstained from pledging allegiance to the flag in public school ceremonies. Then, three years later with two new justices appointed by President Franklin Roosevelt the court reversed itself in its decision in West Virginia v. Barnette. This was the first in a long line of cases in which the court so fashioned the free exercise clause of the First Amendment. Justice Robert Jackson writing for he majority concluded â₠¬Å"If there is any star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us. † In 1948 Justice Hugo Black in the case of McCollum v. Board of Education, drawing upon the historical reasoning in Everson v. Board of Education, the Court acted to apply the establishment clause to declare unconstitutional an Illinois State law that permitted religious groups to use public school classrooms during school hours to teach religion. These two watershed decisions have proven remarkably resilient as guideposts for cases that have followed.In the building of case precedents the judges have relied heavily upon the actions and words of two of the nation’s founders, James Madison and Thomas Jefferson. The focus ha s been upon Madison’s role in wording the Virginia Declaration of Rights of 1776 concerning â€Å"free exercise,† his critical involvement in the passage of Jefferson’s Bill of Establishing Religious Freedom in Virginia in 1785-86, and his leadership in pressing for adoption of the religion clauses in the First Amendment to the Constitution. The Court has consistently offered opinions which have been tied to Jefferson’s 1802 letter to the Danbury Baptist Association in which he affirmed that the religion clauses built â€Å" a wall of separation between church and state. â€Å"The ‘establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State. ‘† (330 U. S. 1, 15-16). Justice Wiley Rutledge argued that: † When the funds used were raised by taxation, the Court does not dispute nor could it that their use does in fact give aid and encouragement to religious instruction. It only concludes that this aid is not ‘support' in law. But Madison and Jeffer son were concerned with aid and support in fact not as a legal conclusion ‘entangled in precedents. In this case, parents pay money to send their children to parochial schools and funds raised by taxation are used to reimburse them. This not only helps the children to get to school and the parents to send them. It aids them in a substantial way to get the very thing which they are sent to the particular school to secure, namely, religious training and teaching. † (330 U. S. 1, 45). Having invoked Thomas Jefferson's metaphor of the wall of separation in the Everson decision, the lawmakers and courts have struggled how to balance governments' dual duty to satisfy both the non-establishment clause and the free exercise clause contained in the language of the amendment.The majority and dissenting Justices in Everson split over this very question, with Rutledge in the minority by insisting that the Constitution forbids â€Å"every form of public aid or support for religionâ € . Principle and Rule of Law frequently applied in Court precedent is found in the case of Kedroff v. St. Nicholas Cathedral, 344 U. S. 94 – (1952) Its ruling is summed up in these words: ‘In this country the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine which does not violate the laws of morality and property, and which does not infringe personal rights, is conceded to all. The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.The right to organize voluntary religious associations to assist in the expression and dissemination of any religious doctrine, and to create tribunals for the decision of controverted questions of faith within the association, and for the ecclesiastical government of all the individual members, congregations, and officers within the general association, is unquestioned. All who unite themselves to such a body do so w ith an implied consent to this government, and are bound to submit to it. But it would be a vain consent and would lead to the total subversion of such religious bodies, if any one aggrieved by one of their decisions could appeal to the secular courts and have them reversed.It is of the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for. ‘ (13 Wall. at pages 728 729, 20 L. Ed. 666). The election of Jefferson – America's first Anti-Federalist President – elated many Baptists since that denomination, by-and-large, was also strongly Anti-Federalist. This political disposition of the Baptists was understandable, for from the early settlement of Rhode Island in the 1630s to the time of the federal Constitution in the 1780s, the Baptists had of ten found themselves suffering from the centralization of power.Consequently, now having a President who not only had championed the rights of Baptists in Virginia but who also had advocated clear limits on the centralization of government powers, the Danbury Baptists wrote Jefferson a letter of praise on October 7, 1801, telling him: Among the many millions in America and Europe who rejoice in your election to office, we embrace the first opportunity . . . to express our great satisfaction in your appointment to the Chief Magistracy in the United States. . . . We have reason to believe that America's God has raised you up to fill the Chair of State out of that goodwill which He bears to the millions which you preside over. May God strengthen you for the arduous task which providence and the voice of the people have called you. . . And may the Lord preserve you safe from every evil and bring you at last to his Heavenly Kingdom through Jesus Christ our Glorious Mediator. However, in that same letter of congratulations, the Baptists also expressed to Jefferson their grave concern over the entire concept of the First Amendment, including of its guarantee for â€Å"the free exercise of religion†: Our sentiments are uniformly on the side of religious liberty: that religion is at all times and places a matter between God and individuals, that no man ought to suffer in name, person, or effects on account of his religious opinions, and that the legitimate power of civil government extends no further than to punish the man who works ill to his neighbor. But sir, our constitution of government is not specific. . . Therefore what religious privileges we enjoy (as a minor part of the State) we enjoy as favors granted, and not as inalienable rights. In short, the inclusion of protection for the â€Å"free exercise of religion† in the constitution suggested to the Danbury Baptists that the right of religious expression was government-given (thus alienable) rat her than God-given (hence inalienable), and that therefore the government might someday attempt to regulate religious expression. This was a possibility to which they strenuously objected-unless, as they had explained, someone's religious practice caused him to â€Å"work ill to his neighbor. † Jefferson understood their concern; it was also his own.In fact, he made numerous declarations about the constitutional inability of the federal government to regulate, restrict, or interfere with religious expression. For example: No power over the freedom of religion . . . is delegated to the United States by the Constitution. Kentucky Resolution, 1798  (Foley, p. 179). Wesley does not endorse the â€Å"separation of church and state,† understood in the Jeffersonian sense. He expects the churches and the government to cooperate with one another. This follows from his firm faith in â€Å"particular providence† and from his conception of the state. All of creation, incl uding the realm of politics, is governed by Divine Providence.God rules the nations according to that â€Å"higher law† which expresses his very nature. He causes the righteous nations to flourish and the disobedient ones to decline and decay. Victory, peace, and bountiful provisions are signs that a nation's conduct is pleasing to God. Adversity, such as defeat in battle or drought and famine, is a mark of his indignation. Disaster is also a warning and a call to repentance. The wicked nation which heeds the call and turns from its sinful ways will live. The obdurate will continue to suffer. In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the general federal government.Second Inaugural Address, 18054. Annals of the Congress of the United States published by Authority of Congress, 1899, Vol. I, p. 379, March 4, 1805. Our excellent Constitution . . . has not placed our religious rights under the power of any public functionary. Letter to the Methodist Episcopal Church, 1808 (Thomas Jefferson,  Writings of Thomas Jefferson,  Albert Ellery Bergh, editor (Washington D. C. : The Thomas Jefferson Memorial Association, 1904), Vol. I, p. 379, March 4, 1805. I consider the government of the United States as interdicted (prohibited) by the Constitution from intermeddling with religious institutions . . . or exercises. Letter to Samuel Millar, 1808.Thomas Jefferson,  Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson,  Thomas Jefferson Randolph, editor (Boston: Gray and Bowen, 1830), Vol. IV, pp. 103-104, to the Rev. Samuel Millar on January 23, 1808. Thomas Jefferson,  Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson,  Thomas Jefferson Randolph, editor (Boston: Gray and Bowen, 1830), Vol. IV, pp. 103-104, to the Rev. Samuel Millar on January 23, 1808. Jefferson believed that the government was to be powerless to interfere with religious expressions for a very simple reason: he had long witnessed the unhealthy tendency of government to encroach upon the free exercise of religion.As he explained to Noah Webster: It had become an universal and almost uncontroverted position in the several States that the purposes of society do not require a surrender of all our rights to our ordinary governors . . . and which experience has nevertheless proved the government will be constantly encroaching on if submitted to them; that there are also certain fences which experience has proved peculiarly efficacious against wrong and rarely obstructive of right, which yet the governing powers have ever shown a disposition to weaken and remove. Of the first kind, for instance, is freedom of religion. (Jefferson,  Writings, Vol. VIII, p. 112-113, to Noah Webster on December 4, 1790). Thomas Jefferson had no intention of allowing the government to limit, restrict, regulate, or interfere with public religious practices.He believed, along with the other Founders, that the First Amendment had been enacted  only  to prevent the federal establishment of a national denomination – a fact he made clear in a letter to fellow-signer of the Declaration of Independence Benjamin Rush: The clause of the Constitution which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists.The returning good sense of our country threatens abortion to their hopes and they believe that any portion of power confided to me will be exerted in opposition to their schemes. And they believe rightly. (Jefferson, Writings, Vol. III, p. 441, to Benjamin Rush on September 23, 1800). President Jefferson was committed to p reventing the establishment of a particular form of Christianity whether Episcopalians or Congregationalists or any other as is evidenced in his reply to the Danbury Baptists on January 1, 1802 with assurance that they did not need to be afraid because their free exercise of religion would  never  be interfered with by the federal government.Gentlemen, – The affectionate sentiments of esteem and approbation which you are so good as to express towards me on behalf of the Danbury Baptist Association give me the highest satisfaction. . . . Believing with you that religion is a matter which lies solely between man and his God; that he owes account to none other for his faith or his worship; that the legislative powers of government reach actions only and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should â€Å"make no law respecting an establishment of religion or prohibiting the free exerci se thereof,† thus building a wall of separation between Church and State.Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. I reciprocate your kind prayers for the protection and blessing of the common Father and Creator of man, and tender you for yourselves and your religious association assurances of my high respect and esteem. [9] 9. Jefferson,  Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802. Jefferson's reference to â€Å"natural rights† invoked an important legal phrase which was part of the rhetoric of that day and which reaffirmed his belief that religious liberties were inalienable rights. While the phrase â€Å"natural rights† communicated much to people then, to most citiz ens today those words mean little.By definition, â€Å"natural rights† included â€Å"that which the Books of the Law and the Gospel do contain. †Ã‚  [10]  That is, â€Å"natural rights† incorporated what God Himself had guaranteed to man in the Scriptures. Thus, when Jefferson assured the Baptists that by following their â€Å"natural rights† they would violate  no  social duty, he was affirming to them that the free exercise of religion was their inalienable God-given right and therefore was protected from federal regulation or interference. So clearly did Jefferson understand the Source of America's inalienable rights that he even doubted whether America could survive if we ever lost that knowledge.He queried: And can the liberties of a nation be thought secure if we have lost the only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with His wrath? Jefferson believ ed that God, not government, was the Author and Source of our rights and that the government, therefore, was to be prevented from interference with those rights. Very simply, the â€Å"fence† of the Webster letter and the â€Å"wall† of the Danbury letter were  not  to limit religious activities in public; rather they were to limit the power of the government to prohibit or interfere with those expressions. Earlier courts long understood Jefferson's intent. In fact, when Jefferson's letter was invoked by the Supreme Court (only twice prior to the 1947  Everson  case – the Reynolds v.United States  case in 1878), unlike today's Courts which publish only his eight-word separation phrase, that earlier Court published Jefferson's entire letter and then concluded: Coming as this does from an acknowledged leader of the advocates of the measure, it [Jefferson's letter] may be accepted almost as an authoritative declaration of the scope and effect of the Amend ment thus secured. Congress  was deprived of all  legislative power  over mere [religious] opinion, but was left free to  reach actions which were in violation of social duties or subversive of good order. (Thomas Jefferson,  Notes on the State of Virginia  (Philadelphia: Matthew Carey, 1794), Query XVIII, p. 237).That Court then succinctly summarized Jefferson's intent for â€Å"separation of church and state†: The rightful purposes of civil government are for its officers to interfere when principles break out into overt acts against peace and good order. In this . . . is found the true distinction between what properly belongs to the church and what to the State. With this even the Baptists had agreed; for while wanting to see the government prohibited from interfering with or limiting religious activities, they also had declared it a legitimate function of government â€Å"to punish the man who works ill to his neighbor. † That Court, therefore, and oth ers (for example,  Commonwealth v. Nesbit  and Lindenmuller v. The People), identified actions into which – if perpetrated in the name of religion – the government  did  have legitimate reason to intrude.Those activities included human sacrifice, polygamy, bigamy, concubinage, incest, infanticide, parricide, advocation and promotion of immorality, etc. Such acts, even if perpetrated in the name of religion, would be stopped by the government since, as the Court had explained, they were â€Å"subversive of good order† and were â€Å"overt acts against peace. † However, the government was  never  to interfere with  traditional  religious practices outlined in â€Å"the Books of the Law and the Gospel† – whether public prayer, the use of the Scriptures, public acknowledgements of God, etc. Therefore, if Jefferson's letter is to be used today, let its context be clearly given – as in previous years.Furthermore, earlier Cou rts had always viewed Jefferson's Danbury letter for just what it was: a  personal,  private  letter to a specific group. There is probably no other instance in America's history where words spoken by a single individual in a private letter – words clearly divorced from their context – have become the sole authorization for a national policy. Finally, Jefferson's Danbury letter should never be invoked as a stand-alone document. A proper analysis of Jefferson's views must include his numerous other statements on the First Amendment. Jefferson also declared that the â€Å"power to prescribe any religious exercise. . . .  must rest with the States†.Nevertheless, the federal courts ignore this succinct declaration and choose rather to misuse his separation phrase to strike down scores of State laws which encourage or facilitate public religious expressions. Such rulings against State laws are a direct violation of the words and intent of the very one from wh om the courts claim to derive their policy. One further note should be made about the now infamous â€Å"separation† dogma. The Congressional Records  from June 7 to September 25, 1789, record the months of discussions and debates of the ninety Founding Fathers who framed the First Amendment. Significantly, not only was Thomas Jefferson not one of those ninety who framed the First Amendment, but also, during those debates not one of those ninety Framers ever mentioned the phrase â€Å"separation of church and state. It seems logical that if this had been the intent for the First Amendment – as is so frequently asserted-then at least one of those ninety who framed the Amendment would have mentioned that phrase; none did. In summary, the â€Å"separation† phrase so frequently invoked today was rarely mentioned by any of the Founders; and even Jefferson's explanation of his phrase is diametrically opposed to the manner in which courts apply it today. In its firs t hundred years then of the United States, the Supreme Court interpreted the Constitution's Bill of Rights as a limit on federal government and considered the states bound only by those rights granted to its citizens by their own state constitutions.Because the federal laws during this period were remote influences at most on the personal affairs of its citizens, minimal attention was paid by the Court to how those provisions in the federal Bill of Rights were to be interpreted. Separation of church and state currently means almost exactly the opposite of what it originally meant. The First Amendment affords freedom of religion, not freedom from religion. â€Å"The U. S. Senate opens its sessions with prayer by an official chaplain. While that may be good in the eyes of most religious people in the United States, it does little to change the fundamentally secular process by which Congress works. At no point may a member’s beliefs intrude into the deliberations in an overt wa y—even if they happen to represent the religious sentiments of the majority of a legislator’s constituents.Privatization of religion goes far beyond the so-called separation of church and state, which is also a manifestation of secularity. In almost every sphere of public policy-making, from the highest echelons of government down to the local neighborhood arts council, it is considered inappropriate to raise the issue of God seriously† (Spickard, p. 344). In the modern Western world most people’s lives are much more this worldly in the sense that the solutions to life’s problems, both large and small, are sought in technology and psychology. Even many Christians see the world as a godless place in the sense that God is relegated to heaven and a few sacred places, such as the church.The world goes on, and life can be lived quite successfully, with or without God. The seeds of this secularity were sown in the unbelievably destructive religious confli ct of the 17th century known as the Thirty Years War. This war was partly a result of the Reformation, and it turned Europe into a slaughterhouse. Some scholars estimate that one-half the population of the continent was killed, starved, or sent into exile during the war. As a result, many of the educated elite of Europe became disillusioned with revealed religion and dogmatic theology. They concluded that the religious conflicts of the Reformation gave rise to the chaos and destruction.Enlightenment thinkers believed that if society was to avoid such wars in the future and recover unity, it must base its common life and public institutions on purely nonsectarian, rational philosophies. Critics of traditional Christianity, such as Francois Marie de Voltaire (1694-1778), heaped literary scorn on the kind of dogmatic arguments and sectarian power- struggles that led to the religious wars of the 17th century. Volaire promoted a kind of generic religion based on universal religious truth s and moral ideas he called theism. This natural religion, based entirely on reason, came also to be known as deism – belief in a god stripped of all supernaturally revealed doctrines and elaborate trappings of the formal church.Many men of letters and leaders of European and American culture adopted this secularized religion during the 18th century and attempted to make it part of the basis for a new order in Western society (Spickard). John Wesley was of the opinion that the paramount duty of any government is to hold in check the wild and rebellious human beings who live under its rule. God has authorized the use of force to preserve the peace and punish the disobedient. But Wesley knew that force has its limits, especially since coercion injures the body but leaves the mind unchanged. If the nation is to be truly righteous, the citizens must acquire the habits of deference and compliance, and learn to control their appetites and feelings.Governments depend upon other soci al institutions, including the churches, to form these habits and impart these lessons. The state, in turn, protects the churches and supports their efforts, for example, by granting them tax relief. Wesley to which the Church of the Nazarene agrees taught the Methodists to be loyal citizens and to obey the laws of the land. The commission of a crime would cost a man his membership in a Methodist society, it is on an individual case basis in the Church of the Nazarene. The Continental Congress, followed by the First Federal Congress, said that â€Å"religion, morality, and knowledge† are â€Å"necessary to good government and the happiness of mankind. Wesley would endorse this statement wholeheartedly. Because caselaw depends upon prior legal cases that bind the next court in a similar fact pattern to the extent a reasonable person would expect to be fair and equal from court to court, provided the cases are from a higher court or within the same jurisdiction, then caselaw t ends to erode over time fragmenting into different exceptions in a kind in a way that is more consistent with Darwinian influences of the rational mind of the human animal as if in some long term legal experiment with a hypothesis being tested and retested each time further restricting the freedom at hand in this case religious liberty. Another factor to consider is that many secular humanists are so anxious to erase Christianity altogether that they disregard the wall.The wall is supposed to work to protect religious express not to reduce it further and further until there is no public evidence of any faith expression. The constitutional clause is just as much that the government will not interfere and most early cases were from this side of the wall. Recently the caselaw has been from the other side that interprets every visible sign as ‘promoting’ religion whether a cross on the roadway, 1O Commandments on a classroom wall, a public nativity display, prayer in school , carrying a Bible, etc. When the moral majority and other Christian legal activism on social issues of abortion for example were fought so passionately, often the Christian activist forgot to be compassionate and let the cause get ahead of the Gospel.Legal activism has its appropriate arena. That arena is not carrying placards in front of an abortion clinic but rather offering options in an alternate social solution. That is not to say that the wall should not also at times be invisible in that sometimes a church ought to be available for a poll booth just as a courthouse should be open for a religious ceremony when the occasion warrants. In rendering to our government Caesar the things that are Caesars and to our God the things that are Gods’ –we have two allegiances that need not be conflicting, so that one can be both a patriotic American and entirely sanctified Christian devoted to God and country.This is the constitutional paradigm around which the walls of separ ation inform and lend moral ethical standards over time to caselaw so that it does not take that slippery downward Darwinian style erosion for lack of any absolute moral code. Separation of Church and State empowers both the Church and the State when properly so applied, it is not intended to be freedom from religion but freedom of religion just as one does not step into a church free from the country as if stepping into an embassy of a foreign territory. 25% of all quotes in documents of the founding fathers were from the Bible, they had no fear of the Bible or of the Church.The presence of a paid Chaplain is evidence as well that there was respect of the presence of God who could bless the work. At the present time the wall of separation still exists but it is being reassembled into a sledgehammer to hit away at the church. Christians need to love people but hold fast to the faith and stand resolved on the Word of God as authoritative law as much as the Constitution or any regulat ion of the State. ADDENDUM 1: Preconstituional Letters of Legal Reference establishing legislative history from which intent may be inferred: Letter of October 7, 1801, from Danbury (CT) Baptist Association to Thomas Jefferson, from the Thomas Jefferson Papers Manuscript Division, Library of Congress, Washington, D. C. The Jeffersonian Cyclopedia, John P.Foley, editor (New York: Funk & Wagnalls, 1900), p. 977; see also Documents of American History, Henry S. Cummager, editor (NY: Appleton-Century-Crofts, Inc. , 1948), p. 179. Annals of the Congress of the United States (Washington: Gales and Seaton, 1852, Eighth Congress, Second Session, p. 78, March 4, 1805; see also James D. Richardson, A Compilation of the Messages and Papers of the Presidents, 1789-1897 (Published by Authority of Congress, 1899), Vol. I, p. 379, March 4, 1805. Jefferson, Thomas. Writings of Thomas Jefferson, Albert Ellery Bergh, editor (Washington D. C. : The Thomas Jefferson Memorial Association, 1904), Vol. I, p. 379, March 4, 1805. Jefferson, Thomas.Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor (Boston: Gray and Bowen, 1830), Vol. IV, pp. 103-104, to the Rev. Samuel Millar on January 23, 1808. Jefferson, Writings, Vol. VIII, p. 112-113, to Noah Webster on December 4, 1790. Jefferson, Writings, Vol. III, p. 441, to Benjamin Rush on September 23, 1800. Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802. Jefferson, Thomas. Notes on the State of Virginia (Philadelphia: Matthew Carey, 1794), Query XVIII, p. 237. ADDENDUM 2 United States First Amendment Caselaw Establishment ClausePublic funding Everson v. Board of Education 330 U. S. 1 (1947) McCollum v. Board of Education 333 U. S. 203 (1948) in this case the Supreme Court ruled that Illinois public school practice of allowing Protestant, R. C. and Jewish faith groups to give religious instruction to students during school at th e same time allowing others to opt out, was found to violate the First Amendment. Walz v. Tax Commission 397 US 664 (1970) The Court held that grants of tax exemption to religious organizations was far less of an involvement than would be created by taxation of churches, and the effect of the exemptions was thus not an excessive government entanglement with religion.The grant of a tax exemption was not sponsorship of the organizations because the government did not transfer part of its revenue to churches but simply abstained from demanding that the churches support the state. Lemon v. Kurtzman 403 US 602 (1971) The Court ruled that a Pennsylvania School Law to reimburse nonpublic mostly Catholic schools for the salaries of teachers who taught secular curriculum violated the Establishment Clause of the First Amendment. The Court's decision in this case established the â€Å"Lemon test† consisting of three prongs: (1) the government's action must have a secular legislative pur pose; (2) the government's action must not have the primary effect of either advancing or inhibiting religion; (3) the government's action must not result in an â€Å"excessive government entanglement† with religion.If any of these 3 prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution. Marsh v. Chambers 463 US 783 (1983) held government funding for chaplains was constitutional because of the â€Å"unique history† of the United States as demonstrated by the fact that three days before the ratification of the 1st Amendment, containing the Establishment clause, the federal legislature authorized hiring a chaplain for opening sessions with prayer. Board of Education of Kiryas Joel Village School District v. Grumet (1994) The court held that the creation of a school district designed to coincide with the neighborhood boundaries of a religious group constitutes an unco nstitutional aid to religion. Agostini v.Felton 521 US 203 (1997) In this case, the Court overruled a previous decision now finding that it was not a violation of the Establishment Clause of the First Amendment for a state-sponsored education initiative to allow public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no â€Å"excessive entanglement† between government and religion was apparent. This case is noteworthy in a broader sense as a sign of evolving judicial standards surrounding the First Amendment, and the changes that have occurred in modern Establishment Clause jurisprudence. Mitchell v. Helms 530 US 793 (2000) The Court ruled that it was permissible for loans to be made to religious schools under Chapter 2 of the Education Consolidation and Improvement Act of 1981. The government may now provide aid to religious groups as long as such aid advances some legitimate non-religious purpose and is granted in the same manner to non-religious groups. Zelman v.Simmons-Harris 536 US 639 (2002) upheld school vouchers of Ohio under the Private Choice Test developed by the court, for a voucher program to be constitutional it must meet all of the following criteria: the program must have a valid secular purpose, aid must go to parents and not to the schools, a broad class of beneficiaries must be covered, the program must be neutral with respect to religion, and there must be adequate nonreligious options. Locke v. Davey 540 US 712 (2004) upheld the constitutionality of a Washington publicly funded scholarship program which excluded students pursuing a degree in theology. Arizona Christian School Tuition Organization v.Winn (2011) A group of Arizona taxpayers challenged a state law that provides tax credits to people who donate to school tuition organizations that in turn provide scholarships to students who want to attend private or religious schools. The Supreme Court found that any damage s or harm claimed by the taxpayers by virtue of simply being a taxpayer would be pure speculation because the issue at hand was a tax credit and not a government expenditure. Public displays: Lynch v. Donnelly (1984) County of Allegheny v. ACLU (1989) McCreary County v. ACLU of Kentucky (2005) Van Orden v. Perry (2005) School prayer:Zorach v. Clauson (1952) Engel v. Vitale (1962) Abington School District v. Schempp (1963) Stone v. Graham (1980) Wallace v. Jaffree (1985) Lee v.Weisman (1992) Santa Fe Independent School Dist. v. Doe (2000) Elk Grove Unified School District v. Newdow (2004) Creationism: Epperson v. Arkansas (1968) 393 U. S. 97 (1968), invalidated an Arkansas statute that prohibited the teaching of human evolution in the public schools. Edwards v. Aguillard (1987) Kitzmiller v. Dover Area School District (M. D. Pa. 2005). Works Cited Barton, David. The Separation of Church and State. 1st ed. Wallbuilders Press. 2007. Beail, Linda. Wesleyan or Fundamentalist? Political a nd Theological Stances of Nazarene Pastors. Association of Nazarene Sociologists and Researchers. Web.