As I have noted before, a number of scholars make a good case that whereas the Free Exercise Clause neatly incorporates via the Privileges or Immunities Clause of the 14th Amendment, the Establishment Clause does not. During the time of the American Founding, religion (as well as the rest of the Bill of Rights) was left to the states.
Perhaps the following observation is incorrect, but the states seemed arguably more unified in their commitment to Free Exercise principles than on Establishment policy. To emphasis the differences America's states had on Establishment policy during the Founding era, V. Phillip Munoz invoked "Virginia" and "Massachusetts" as book ends. Virginia, after T. Jefferson, J. Madison and their evangelical Baptist allies, was more secular (or disestablishmentarian). Massachusetts, after J. Adams, not only had a state establishment system, but was the last state to disestablish (it did so in 1833).
But I discovered some interesting things about Massachusetts' establishment. From the very beginning, unitarians were in positions of power in that state. Indeed, the defender of Massachusetts' establishment, President Adams, was himself a fervent unitarian when he termed it "[A] Most Mild and Equitable Establishment of Religion."
Further illustrating the religious liberalism of Massachusetts during this time was the trial of Universalist John Murray in 1783 where Judge Dana construed the State's religion clauses in a most liberal way to cover not just unitarians and universalists, but also non-Christians. It was ultimately the inclusion of unitarians that acted as a "poison pill" for Massachusetts' establishment that led to its end in 1833.
What I'm leading up to is, perhaps, we need to rethink the model of Virginia as a Secular Left and Massachusetts as a Religious Right state on Establishment policy during the time of the Founding. Perhaps Massachusetts had, for their day, a Religious Left establishment policy model.
A better candidate for a Religious Right model during America's Founding is Connecticut. See here. Perhaps Timothy Dwight, that great foe of "infidelity," exercised his political power to influence his state's religion policy towards illiberality. John Adams, himself, would have been prosecuted under Connecticut's laws for his anti-Trinitarian sentiments.
It's no wonder then in 1817, the year of Dwight's death, when Connecticut elected as Governor, Republican, Oliver Wolcott who would help his state finally disestablish the next year, Jefferson and Adams rejoiced.
I'm a libertarian lawyer and college professor. I blog on religion, history, constitutional law, government policy, philosophy, sexuality, and the American Founding. Everything is fair game though. Over the years, I've been involved in numerous group blogs that come and go. This blog archives almost everything I write. Email your questions or comments to rowjonathan@aol.com
Monday, December 30, 2013
Friday, December 27, 2013
Thursday, December 26, 2013
Daily Beast: "How George Washington Celebrated Christmas"
I know. Arguably a day late. Read it here, featuring the research of my friend Mary V. Thompson. A taste:
First, soak in this description of Christmas Pie, a traditional British dish that makes a Turducken seem modest. Heaped inside a sturdy crust were layers of meat—“a turkey, a goose, a fowl, a partridge and pigeon”—seasoned with nutmeg, cloves, mace, pepper and salt and slathered with four pounds of butter, all cooked together for at least four hours. Then there was Martha’s recipe for “great cake”—40 eggs, 4 pounds of butter, 4 pounds of powdered sugar, 5 pounds of fruit and a half pint of wine and brandy thrown in for good measure. Add in Washington’s extended family and a few select friends, at it was a welcome respite after nearly a decade on the run in more than 200 encampments.
Wednesday, December 25, 2013
Thockmorton: "Politifact Debunks Bryan Fischer’s Christianity Only View of the First Amendment"
Here is Dr. Thockmorton's post and here is the referenced article. A taste from the Politifact article:
Thomas Kidd, professor of history at Baylor University and the author of God of Liberty: A Religious History of the American Revolution, said "the founders were certainly aware of other religions besides Christianity, and discussed them at length in their writings."
Kidd pointed us to a 1818 letter from John Adams: "This country has done much. I wish it would do more; and annul every narrow idea in religion, government and commerce," Adams wrote. "It has pleased the providence of the first cause, the universal cause, that Abraham should give religion not only to Hebrews, but to Christians and Mohomitans, the greatest part of the modern civilized world."
Benjamin Franklin also weighed in on the subject. Jan Ellen Lewis, professor of history at Rutgers University, cited Franklin’s autobiography, when he praised a new meeting house built in Philadephia. [sic]
"The design in building not being to accommodate any particular sect, but the inhabitants in general," Franklin wrote. "So that even if the Mufti of Constantinople were to send a missionary to preach Mohammedanism to us, he would find a pulpit at his service."
Merry Unitarian Christmas
It's a tradition for me to wish everyone a Merry Unitarian Christmas every Christmas. See the post here.
Monday, December 23, 2013
HNN: "Is Christmas a Pagan Holiday?"
Here. A taste:
Now, this tiring “Christmas is a pagan holiday” stuff goes around every year, but most of the assertions that accompany it (like kissing under the mistletoe is a druidic fertility ritual) are never backed up by historical evidence: we’re just never informed where these assertions come from. This is because the historical evidence for non-Greco-Roman pre-Christian European religions is scant indeed. What we have been able to piece together comes mainly from the following: ....
Sunday, December 22, 2013
Dale Tuggy: "Does Mark teach that Jesus is God?"
I've argued or observed on these pages that the prevailing political theology of the American Founding was theologically unitarian (or at least, a lot of leading light Founding Fathers and their theological influences seemed to sympathize with it).
One argument goes, since the Bible clearly teaches the doctrine of the Trinity, an endorsement of unitarianism is necessarily rationalistic, or something that relies on man's reason as opposed to what the Bible really says.
That may be valid. Others assert the pages of the Bible itself, properly understood and interpreted teach theological unitarianism.
The distinguished theologian of classical theism -- Samuel Clarke -- was a theological unitarian of some sort (how Clarke exactly understood the doctrine of the Trinity is a subject for another post; at the very least he didn't hold to what the classic ecumenical creeds taught on the Trinity).
Clarke was a rationalist. But was it his "reason" or the pages of the Bible itself that led him to his views on the Trinity? That's a question I'll leave unanswered for the moment.
Dale Tuggy, a Professor of Philosophy at SUNY Fredonia, was influenced directly by Samuel Clarke's arguments to reject the classic doctrine of the Trinity, for something that might be more aptly called "biblical unitarianism." Or perhaps Dr. Tuggy, after Rev. Clarke is coming to unitarianism because his own reason so concluded. Anyway here is the link to the above mentioned title.
One argument goes, since the Bible clearly teaches the doctrine of the Trinity, an endorsement of unitarianism is necessarily rationalistic, or something that relies on man's reason as opposed to what the Bible really says.
That may be valid. Others assert the pages of the Bible itself, properly understood and interpreted teach theological unitarianism.
The distinguished theologian of classical theism -- Samuel Clarke -- was a theological unitarian of some sort (how Clarke exactly understood the doctrine of the Trinity is a subject for another post; at the very least he didn't hold to what the classic ecumenical creeds taught on the Trinity).
Clarke was a rationalist. But was it his "reason" or the pages of the Bible itself that led him to his views on the Trinity? That's a question I'll leave unanswered for the moment.
Dale Tuggy, a Professor of Philosophy at SUNY Fredonia, was influenced directly by Samuel Clarke's arguments to reject the classic doctrine of the Trinity, for something that might be more aptly called "biblical unitarianism." Or perhaps Dr. Tuggy, after Rev. Clarke is coming to unitarianism because his own reason so concluded. Anyway here is the link to the above mentioned title.
Saturday, December 14, 2013
Fea: Was There a Golden Age of Christmas in America?
By John Fea. See here and here. A taste:
The Puritans of New England frowned upon the celebration of Christmas and outlawed it for more than half a century. They believed it was necessary, as Christians pursuing pious living, to separate themselves from the sinful behavior associated with the way the holiday was celebrated in jolly old England. And since few of these Christian American forefathers had anything good to say about materialism or commercialism, it is likely they would have similar feelings about the way we celebrate Christmas today.
Anniversary of Washington's Death
Today, that is. Mount Vernon has an excellence primary source documented account here. A taste:
... Craik went to him and Washington said, "Doctor, I die hard; but I am not afraid to go; I believed from my first attack that I should not survive it; my breath can not last long." Soon afterward, Washington thanked all three doctors for their service. Craik remained in the room. At eight at night more blisters and cataplasms were applied, this time to Washington's feet and legs. At ten at night George Washington spoke, requesting to be "decently buried" and to "not let my body be put into the Vault in less than three days after I am dead."
Between ten and eleven at night on December 14, 1799, George Washington passed away. He was surrounded by people who were close to him including his wife who sat at the foot of the bed, his friends Dr. Craik and Tobias Lear, housemaids Caroline, Molly, and Charlotte, and his valet Christopher Sheels who stood in the room throughout the day. According to his wishes, Washington was not buried for three days. During that time his body lay in a mahogany casket in the New Room. On December 18, 1799 a solemn funeral was held at Mount Vernon.
Friday, November 29, 2013
Mount Vernon: GW's "Spurious Quotations"
From Mount Vernon here. The most notorious as it relates to America's founding political theology: "It is impossible to rightly govern a nation without God and the Bible."
Wednesday, November 27, 2013
Throckmorton: "What’s behind David Barton’s war on Christian colleges?"
Read about it here. A taste:
Since evidence actually contradicts Barton’s accusations, why would he make them? Perhaps connecting the dots a bit, Barton also recently accused his Christian academic critics of being recruited by unnamed “secular guys” to critique his book The Jefferson Lies. Well that explains that. The reason Christian professors are coming out against his approach to history is because they have gone to the dark side, being recruited by shadowy “secular guys.”
In fact, in the past couple of years, dozens of unrecruited Christian professors have raised public objections to many of Barton’s claims, historical and otherwise. For instance, Barton told Crossroads Church in Oklahoma City that there has been a “694 percent increase in violent crime since we took the Bible out of schools” in 1963. However, Barton failed to tell his audience that the post-1960s rise in crime peaked in the early 1990s. The crime rate has dropped dramatically since then. The murder rate now, for example, is about what it was before that Supreme Court case.
Marcotte: "5 Christian right delusions about history"
By Amanda Marcotte here. A taste:
Barton has convinced the right to believe in their fervent wish that the Founders were religious and even theocratic with quote-mining and outright lying. He likes to whip out this John Adams quote: “There is no authority, civil or religious — there can be no legitimate government — but what is administered by this Holy Ghost.” Problem? Adams was summarizing the opinion of his opponents; that wasn’t Adams’ view at all.
Thursday, November 21, 2013
Throckmorton: "David Barton’s Biblical Constitution: What If The Constitution Really Quoted The Bible?"
Here. A taste:
If the Constitution included such language, immigrants would have rights they don’t have now and there would no need for immigration reform. Rather, the Constitution invests Congress with the powers to make laws and establish policies (which could do what this verse suggests if the political process leads to that end).
If the Constitution quoted Deuteronomy 17:15, the nation would need to discern somehow who God had chosen to be king. Also, in Deut. 17:20, the Bible notes that the chosen king’s descendants will rule a long time if the king follows God’s instructions. Clearly, our Constitution does not reflect those Bible verses. Furthermore, one does not need the Bible to see the reasonableness of requiring citizenship as a condition of political leadership.
Tuesday, November 19, 2013
John Fea & Daniel Dreisbach
John tells us about it here. A taste:
On Friday night, following McKenzie's talk, the teachers were treated to a lecture by Daniel Dreisbach of American University. He discussed the ways the Founding Fathers used the Bible in their revolutionary-era discourse. Dreisbach made a compelling case that the Bible was very important to the founding generation as one of the sources (along with Whig political thought, Enlightenment thought, the classics, etc...) that influenced their political ideas. They quoted it, referenced it, and even appealed to its language without directly referencing it. Dreisbach did not dwell on whether or not the Founders used the Bible correctly (at one point he said that their constant appeal to the Book of Deuteronomy was "tortured"), but that was not his assignment.
Friday, November 15, 2013
America’s Moderate Liberalism: Rediscovering Montesquieu, Recovering Balance
By Paul O. Carrese here.
A taste:
... But Montesquieu also argued that we are social beings, and naturally open to religious belief. We are shaped by culture and history, but philosophers and statesmen can push back. Thus he condemned slavery, harsh penal laws, religious persecution, and other forms of despotism. Montesquieu is neither a historicist liberal nor a Frenchified Lockean liberal. He embodies the moderate Enlightenment, and moderate liberalism.
Wednesday, November 13, 2013
Shain on Zuckert on Locke
Found here. A taste:
In Part Two, a section of three essays, we are introduced, although far more subtly, to another plank in the Straussian system of belief—that is, that anyone as clever as Locke could not possibly have been a believer in a different system of belief, one including a belief in God. The cornerstone to this contention rests on Zuckert’s insistence that Locke’s “‘official theory of revelation’ has many difficulties,” in particular, that “in order to verify any alleged revelation as a real revelation, reason must have rational knowledge of the existence of a revealing God…. But it is Locke’s view that reason is not in possession of such rational knowledge of the existence of a revealing God…. Since Locke lacks rational knowledge of a revealing God, he knows of no authentic revelation, including of course the Hebrew and Christian Scriptures.”
Wednesday, November 06, 2013
Forster: David Barton’s Traveling Medicine Show
By Greg Forster here. A taste:
Uh-huh. Given Barton’s history of outrageous fabrication, I wouldn’t bet the ranch on that “actual number.” In fact, it’s noteworthy that in National Review’s coverage of the story, the quotations most effusively praising Barton come from anonymous sources; the quotes from named sources mostly complain about the incumbent and lament that we need a real conservative. I can’t help but wonder why those sources felt the need to stay anonymous. If it turned out that the massive grassroots groundswell for David Barton consisted mostly of the same old David Barton Traveling Medicine Show hyping itself, my world would not exactly be turned upside-down.
Rodda: The Lies Used by Jay Sekulow to Defend an Oath Against Lying: An Open Letter to the Superintendent of the Air Force Academy
Writing at Huffpo here. A taste:
Optionally adding the words "so help me God" is, of course, anyone's right. These words, however, should not be a part of the official oath, where they inevitably lead to situations in which cadets are forced or coerced to say them. Therefore, the Military Religious Freedom Foundation (MRFF) has demanded that the words be removed. This, of course, has cause a media firestorm, and even proposed legislation to prevent the oath from being changed.
The defenders of "so help me God" are claiming that things like this were the intent of the founders and have deep historical roots, and, as expected are using quite a few lies about American history to support this claim -- ironically lying to defend an oath in which cadets swear not to ... um ... lie.
Thursday, October 31, 2013
Rodda: "In the Interest of Historical Accuracy and Honesty, I Must Correct Myself"
Chris Rodda writing at the Huffington Post. A taste:
What is relevant about the members of that 1781 Congress who attended that church service, however, is that many of them were the very same men who, in 1778, wrote the oath signed by the officers of the Revolutionary Army -- an oath that not only didn't include the words "So help me God," but also left a blank space for each officer to fill in for themselves whether they were choosing to "swear" or "affirm."
West Coast Straussians, Harry Jaffa, Bad Originalism, and Teleocratic Fantasies
By Peter Haworth. Here is part 1; here is part 2.
From part 2:
From part 2:
If the sphere of religion was NOT viewed by the Framers to be within the legal jurisdiction of the Constitution’s Federal Government and if the Framers clearly understood religion to be the proper institution for inculcating virtues, then it follows that the Framers probably would not identify Jaffa’s identified virtues to be part of an explicit purpose of the Constitution’s positive law.
This conclusion is even further corroborated by the lack of evidence from the Philadelphia Convention that advancing virtue was implied by the “Blessings of Liberty” in the Preamble (or that it was otherwise a purpose in the Constitution). Again, the delegated-powers structure of the Constitution helps explain why this was the case. As mentioned previously, advocates of the Constitution (like Hamilton in Federalist 84) understood (at least in their public statements) the limited nature of the Federal Government’s powers. This entailed recognition that the States would retain the police powers involved in regulating morals. Since, then, advancing virtue was not seen as a Federal-level concern, the Framers naturally did not focus on this in their deliberations about the character and content of the Federal Government that they were creating in the Convention. Thus, even if the Framers did see some role for government in advancing virtue (e.g., even if they did not believe that religion alone was sufficient for inculcating the virtues), they would have viewed this as a function that properly belongs to the States, not the Federal Government.
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