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Old 06-10-11, 11:46 AM   #15
August
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Quote:
Originally Posted by mookiemookie View Post
He's saying its indicative of the position of the framers on religion.
Not quite Mookie. It is indicative of the position of one of the framers, not the framers as a group. There were those in Congress who voted against the 21st amendment too. That does not make their beliefs the law of the land.

Quote:
Not necessarily that it's applicable, but evidence for the fact that they wanted to keep religion and government separate.
Again with the "they". Madison was an individual, not a group. We just cannot go by the recorded thoughts of one, two or even several individuals no matter how prestigious they were. We must only go by what the majority of the group decided.

Congress making no laws about the establishment and specifically not being able to prohibit the free exercise of religion was all that the majority agreed to and nothing more. That was all the states ratified and nothing more.

If you want to amplify that meaning to include things not in the original then fine. The proper way to do it is to convene a Constitutional Convention and pass another amendment. Any other way is simply unconstitutional.
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