Happy Christmas my - - - - !!

You've heard the lines in a Hollywood movie, or even seen a live court room case in America where somebody takes the fifth. And we all know that it means you don't have to answer the question on the grounds that it might incriminate you - but why is it called the fifth?

The fifth of what?

It's part of the fifth amendment to the American Constitution – the fifth amendment is actually Due Process; the bit about incriminating yourself is included in that, or something like that – I'm not about to look it up, if there are any scholars out there.

I heard the other day, that Britain had written forty or so constitutions for other countries since about the mid fifties and yet doesn't have one itself; I knew it didn't have one itself but nothing written down in any case. The reason why they wrote those constitutions is that they were for former members of the Commonwealth or part of the British Empire (the colonies) and were granted independence. New countries starting out so they needed a constitution.

Just like America.

Why doesn't Britain have a written constitution? Or England?

Because it makes it up as it goes along; it is formed by common law, statutes and practices and has something to do with Magna Carta.

It came to me the other day that I missed the word constitution; it is in constant use in America; every time they try and do something different some clever clogs pipes up and says that whatever they are trying to do is against the constitution. 

You hear words like constitutionality banded about in arguments and . . well I thought I'd just mention that as we wait for the impending strike of the clock tomorrow at midnight to let us know that it's Christmas and as soon as we hear that bong, we know that we have to behave differently, be kind to each other and have a jolly time.

But going back to that good old constitution: America separates church (religion) and state. You are not allowed to say prayers at a state school (they call them public schools over there), not allowed to have a copy of the ten commandments in the foyer of your government buildings, can't say prayers at sporting fixtures and the like, yes total separation of church and state.

They are not allowed to teach religion in state schools or say Goddamn on television and this, of course, makes the population seek out religion for themselves and they all go to church – or to the temple or mosque.

Well not all but about 80% where as here, they ram religion down your throats, have prayers each day in parliament and schools, and the figures are the other way around with empty churches. 

I heard the other day that it costs millions to run Lincoln Cathedral and they even charge £8 to get in – of course it's free if you pray or come to a service; but how do they know?

So back to America and the constitution and to Christmas and the separation of church and state.

Why do they have Christmas Day as a holiday? I understand Thanksgiving being a holiday to celebrate the breaking of bread with the Indians but why Christmas? Church and State?

By the way - the title of this post: it's 'Happy Christmas my arse' from The Pogues Fairytale of New York but I'm not allowed to use that as a title so - 

Happy Christmas.

 Thomas Jefferson

The third President of the United States, whose letter to the Danbury Baptists Association is often quoted in debates regarding the separation of church and state.