What happens if we lose the First Amendment?
We have the first amendment because the founders didn’t want an American clone of the Church of England, which was famously established because Henry VIII wanted a divorce and the pope said “No”.(1).
“Congress shall make no law respecting an establishment of religion [promoting one religion over another], 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.”
Interestingly the phrase “separation of church and state” is not in the First amendment nor is it in the constitution. Thomas Jefferson wrote in a letter that the legislature should make no law respecting an establishment of religion or prohibiting the free exercise thereof, “thus building a wall of separation between Church & State”.(2) With this context it is clear the First Amendment was intended to limit government intrusion into religion, not vice versa. Over the years, however, lawmakers and judges have shortened this phrase to “separation of church and state,” and it is this altered meaning that is used to prohibit any religious activities in the public square.
While the liberty-minded approach of the first amendment succeeded in heading off the creation of a “Church of America”, it is interesting to contrast it with the commands found in the Bible.
The first two of the ten commandments reject the free exercise of religion.
“You shall have no other gods before me”
“Don’t make or worship idols”
When it comes to freedom of speech Romans 13:1-7 actually says we don’t have any.
“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.”
There is, however, an exception found in Acts 5:27-29.
“ ‘We strictly charged you not to teach in this name, yet here you have filled Jerusalem with your teaching, and you intend to bring this man’s blood upon us.’ But Peter and the apostles answered, ‘We must obey God rather than men.’”
These contrasts are important because they remind us that God’s law is the higher authority and that we should preach the word, in season and out of season, with the protections of the First Amendment and (God willing) without them.(3)
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