October 16, 2024:
Two days after writing the famous “separation of church and state” phrase in a personal letter, Thomas Jefferson went to church … on federal property. Was that a mistake? Or is our understanding of the first amendment in error? Clearly, the second.
But since Jefferson was not involved in writing either the Constitution or the Bill of Rights, we should explore what the actual authors believed about “religion and government,” and their own religious beliefs, to know what the first amendment means by "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...".
Madison said the goal was simply to prevent the creation of a national church. That’s the “establishment” clause. But they all agreed on the necessity of the “free exercise” clause being included, forbidding government any involvement with the exercise of each person’s private faith, which is the correct application of Jefferson’s “separation” statement.
How do religion and government relate? Jefferson was very clear: “No nation has ever existed or been governed without religion. Nor can be. The Christian religion is the best religion that has been given to man; and I, as Chief Magistrate of ths nation, am bound to give it the sanction of my example.”
He, Washington, Adams, and others all signed many government documents “in the year of our Lord,” including the Constitution itself.
Washington was widely known as a serious Christian often found to be in prayer. Many framers joined in creating Bible societies. Many declared sentiments like that of Gouvenor Morris: “Religion is the only solid basis of good morals. Therefore, education should teach the precepts of religion and the duties of man toward God.”
Three framers were major theologians of the day.
James Wilson’s opinion would have been widely supported: ““Human law must rest its authority ultimately upon the authority of that law which is divine. Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants.
When the Northwest Ordinance authorized the creation of new states, it required that all states have schools that teach three things: religion, morality, and knowledge. (Note the order of importance.)
It is worth noting that the book about us having a “Godless Constitution” offered no footnotes… none. No references to substantiate any of their statements. No links to real history.
In summary, the idea that the framers were atheists or deists is clearly not supported by the facts, and it is government that needs to be constrained by morality based in religion, not the other way around.
The class also reviewed the right to petition for redress, and a great example in John Quincy Adams’ bringing citizens’ petitions to the House that he completely disagreed with, honoring their right to submit those petitions.
And finally we considered conscience, the foundation of our religious beliefs, and the most precious of the “properties” that government is to respect and protect. Madison, Jefferson, Washington, Livingston, Jay, and others, were eloquent in their insistence that “spiritual tyranny” has no place in the new government, and that any expression of a person’s faith is totally outside the jurisdiction of government, as long as it did no harm to another person.
All our current restrictions on expression of faith in public places, schools, graduations, etc, would qualify in their view as spiritual tyranny and not to be tolerated.
The class ended with a reminder that we need to restore proper jurisdictional lines, and get government back in its lane.
Our next class, on October 23rd, will unpack the phrase “the laws of nature and of nature’s God,” review the reasons for adding the Bill of Rights, thoroughly discuss the foundations and application of the second amendment, and go through the remaining amendments in the Bill of Rights.