Brief on Separation of Church and State

Law and Liberty Foundation ^ | May 2002 | Tayra Antolick

[Tailgunner Joe]

Only the national government was restricted from establishing a national religion. Individual states did have state establishments of religion which were never found unconstitutional. If a power is not granted to the national federal government concerning the establishment of religion, it then must lie with the states, per the tenth amendment.

[Tailgunner Joe]

"...at the time of the adoption of the Constitution, and of the amendment to it now under consideration, the general if not the universal sentiment in America was, that Christianity ought to receive encouragement from the state so far as was not incompatible with the private rights of conscience and the freedom of religious worship. Any attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation." - Joseph Story, Commentaries on Constitution

[MuddyWaters2006]

Ole Joe Story was not interpreting the Constitution or the First Amendment when he wrote that, "At the time of the adoption of the Constitution, and of the amendment to it now under consideration, the general if not the universal sentiment in America was, that Christianity ought to receive encouragement from the state so far as was not incompatible with the private rights of conscience and the freedom of religious worship."

Story's interpretation of the First Amendment's religion clauses can be found in the subchapter of his "Commentaries" on the subject of interpreting the Constitution. Would you like to know what it was?