use whatever...." 90
Madison immediately reacted with his famous "Memorial and Remonstrance" against religious assessments, in which he proclaimed with the greatest possible energy the principle that the state government should not prefer one religion over another. Equality of religions was the desired goal. He wrote:
"Who does not see that the same authority which can establish Christianity, in exclusion of all other religions, may establish with the same case any particular sect of Christians, in exclusion of all other sects? ... The bill violates that equality which ought to be the basis of every law." 91
Why the Founders Wanted the Federal Government Excluded
from All Problems Relating to Religion and Churches
The Supreme Court has stated on numerous occasions that to most people freedom of religion is the most precious of all the unalienable rights next to life itself. When the United States was founded, there were many Americans who were not enjoying freedom of religion to the fullest possible extent. At least seven of the States had officially established religions or denominations at the time the Constitution was adopted. These included: 92
Connecticut (Congregational church)
New Hampshire (Protestant faith)
Delaware (Christian faith)
New Jersey (Protestant faith)
Maryland (Christian faith)
South Carolina (Protestant faith)
Massachusetts (Congregational church)
Under these circumstances the Founders felt it would have been catastrophic and might have precipitated civil strife if the federal government had tried to establish a national policy on religion or disestablish the denominations which the states had adopted. Nevertheless, the Founders who were examining this problem were anxious to eventually see complete freedom of all faiths and an equality of all religions, both Christian and non-Christian. How could this be accomplished without stirring up civil strife?
Justice Story Describes the Founders' Solution
In his famous Commentaries on the Constitution , Justice Joseph Story of the Supreme Court pointed out why the Founders as well as the states themselves felt the federal government should be absolutely excluded from any authority in the field of settling questions on religion. He stated:
"In some of the states, Episcopalians constituted the predominant sect; in others, Presbyterians; in others, Congregationalists; in others, Quakers; and in others again, there was a close numerical rivalry among contending sects. It was impossible that there should not arise perpetual strife and perpetual jealousy on the subject of ecclesiastical ascendancy, if the national government were left free to create a religious establishment. The only security was in extirpating the power. But this alone would have been an imperfect security, if it had not been followed up by a declaration of the right of the free exercise of religion, and a prohibition (as we have seen) of all religious tests. Thus, the whole power over the subject of religion is left exclusively to the state governments, to be acted upon according to their own sense of justice, and the state constitutions. " 93
This is why the First Amendment of the Constitution provides that "Congress shall make NO law respecting an establishment of religion, or prohibiting the free exercise thereof."
Jefferson and Madison Emphasize the Intent of the Founders
It is clear from the writings of the Founders as well as the Commentaries of Justice Story that the First Amendment was designed to eliminate forever the interference of the federal government in any religious matters within the various states. As Madison stated during the Virginia ratifying convention: "There is not a shadow of right in the general government to intermeddle with religion. Its least interference with it would be a most flagrant usurpation." 94
Jefferson took an identical position when he wrote
Madison immediately reacted with his famous "Memorial and Remonstrance" against religious assessments, in which he proclaimed with the greatest possible energy the principle that the state government should not prefer one religion over another. Equality of religions was the desired goal. He wrote:
"Who does not see that the same authority which can establish Christianity, in exclusion of all other religions, may establish with the same case any particular sect of Christians, in exclusion of all other sects? ... The bill violates that equality which ought to be the basis of every law." 91
Why the Founders Wanted the Federal Government Excluded
from All Problems Relating to Religion and Churches
The Supreme Court has stated on numerous occasions that to most people freedom of religion is the most precious of all the unalienable rights next to life itself. When the United States was founded, there were many Americans who were not enjoying freedom of religion to the fullest possible extent. At least seven of the States had officially established religions or denominations at the time the Constitution was adopted. These included: 92
Connecticut (Congregational church)
New Hampshire (Protestant faith)
Delaware (Christian faith)
New Jersey (Protestant faith)
Maryland (Christian faith)
South Carolina (Protestant faith)
Massachusetts (Congregational church)
Under these circumstances the Founders felt it would have been catastrophic and might have precipitated civil strife if the federal government had tried to establish a national policy on religion or disestablish the denominations which the states had adopted. Nevertheless, the Founders who were examining this problem were anxious to eventually see complete freedom of all faiths and an equality of all religions, both Christian and non-Christian. How could this be accomplished without stirring up civil strife?
Justice Story Describes the Founders' Solution
In his famous Commentaries on the Constitution , Justice Joseph Story of the Supreme Court pointed out why the Founders as well as the states themselves felt the federal government should be absolutely excluded from any authority in the field of settling questions on religion. He stated:
"In some of the states, Episcopalians constituted the predominant sect; in others, Presbyterians; in others, Congregationalists; in others, Quakers; and in others again, there was a close numerical rivalry among contending sects. It was impossible that there should not arise perpetual strife and perpetual jealousy on the subject of ecclesiastical ascendancy, if the national government were left free to create a religious establishment. The only security was in extirpating the power. But this alone would have been an imperfect security, if it had not been followed up by a declaration of the right of the free exercise of religion, and a prohibition (as we have seen) of all religious tests. Thus, the whole power over the subject of religion is left exclusively to the state governments, to be acted upon according to their own sense of justice, and the state constitutions. " 93
This is why the First Amendment of the Constitution provides that "Congress shall make NO law respecting an establishment of religion, or prohibiting the free exercise thereof."
Jefferson and Madison Emphasize the Intent of the Founders
It is clear from the writings of the Founders as well as the Commentaries of Justice Story that the First Amendment was designed to eliminate forever the interference of the federal government in any religious matters within the various states. As Madison stated during the Virginia ratifying convention: "There is not a shadow of right in the general government to intermeddle with religion. Its least interference with it would be a most flagrant usurpation." 94
Jefferson took an identical position when he wrote
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