Letter to the Editor

Purely dictum

Tuesday, July 13, 2004

Dear Editor,

The quote from Justice David Brewer from the 1892 Trinity court case was purely dictum.

Dictum: A judicial opinion expressed by judges on points that do not necessarily arise in the case, and are not involved in it.

If you read this court case, you will see that it has nothing to do with whether or not this is a Christian nation.

In 1905, Justice Brewer compiled three lectures into a book. In this book he references his 1892 case and his opinion regarding "A Christian Nation": "But in what sense can it be called a Christian nation? Not in the sense that Christianity is the established religion or that people are in any matter compelled to support it. On the contrary, the Constitution specifically provides that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.'

Neither is it Christian in the sense that all of its citizens are either in fact or name Christian. On the contrary, all religions have free scope within our borders.

Numbers of our people profess other religions, and many reject all. Nor is it Christian in the sense that a profession of Christianity is a condition of holding office or otherwise engaging in public service, or essential to recognition either politically or socially. In fact, the government as a legal organization is independent of all religions. Nevertheless, we constantly speak of this republic as a Christian Nation."

I believe that Justice Brewer thought we were a Christian Nation based on the beliefs of a majority of its citizens (of the time) and not of the Constitution or its founders. Maybe in 100 years the majority of our citizens will be non Christians. Then we'd have to say that we are not a Christian nation.

Source: The United States: A Christian Nation, by David J. Brewer, Associate Justice of the United State Supreme Court, The John C. Winston Co. (1905) pp 11-12

**Todd McCarty

McCook

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