OK, let's go...
James Madison
(1751-1836; principal author, U. S. Constitution and Bill of Rights; 4th U.S. President, 1809-1817)
Religious bondage shackles and debilitates the mind and unfits it for every noble enterprize[sic], every expanded prospect. (James Madison, in a letter to William Bradford, April 1, 1774, as quoted by Edwin S. Gaustad, Faith of Our Fathers: Religion and the New Nation,
San Francisco: Harper & Row, 1987, p. 37.)
Who does not see that the same authority which can establish Christianity in exclusion of all other religions may establish, with the same ease, any particular sect of Christians in exclusion of all other sects? That the same authority which can force a citizen to contribute threepence only of his property for the support of any one establishment may force him to conform to any other establishment in all cases whatsoever? (James Madison, "A Memorial and Remonstrance," addressed to the General Assembly of the Commonwealth of Virginia,1785
.. Congress, in voting a plan for the government of the Western territories, retained a clause setting aside one section in each township for the support of public schools, while striking out the provision reserving a section for the support of religion. Commented Madison: "How a regulation so unjust in itself, so foreign to the authority of Congress, and so hurtful to the sale of public land, and smelling so strongly of an antiquated bigotry, could have received the countenance of a committee is truly a matter of astonishment."
"Is the appointment of Chaplains to the two Houses of Congress consistent with the Constitution, and with the pure principle of religious freedom? In strictness the answer on both points must be in the negative. The Constitution of the U. S. forbids everything like an establishment of a national religion. The law appointing Chaplains establishes a religious worship for the national representatives, to be performed by Ministers of religion, elected by a majority of them, and these are to be paid out of the national taxes. Does this not involve the principle of a national establishment ... ?" The appointments, he said, were also a palpable violation of equal rights. Could a Catholic clergyman ever hope to be appointed a Chaplain? "To say that his religious principles are obnoxious or that his sect is small, is to lift the veil at once and exhibit in its naked deformity the doctrine that religious truth is to be tested by numbers, or that the major sects have a right to govern the minor." The problem, said the author of the First Amendment, was how to prevent "this step beyond the landmarks of power [from having] the effect of a legitimate precedent." Rather than let that happen, it would "be better to apply to it the legal aphorism de minimis non curat lex [the law takes no account of trifles]." Or, he said (likewise in Latin), class it with faults that result from carelessness or that human nature could scarcely avoid." "Better also," he went on, "to disarm in the same way, the precedent of Chaplainships for the army and navy, than erect them into a political authority in matters of religion." ... The deviations from constitutional principles went further: "Religious proclamations by the Executive recommending thanksgivings and fasts are shoots from the same root with the legislative acts reviewed. Altho' recommendations only, they imply a religious agency, making no part of the trust delegated to political rulers." (Irving Brant, The Bill of Rights: Its Origin and Meaning, Indianapolis: Bobbs-Merrill Company, Inc., 1965, pp. 423-424. Brant gives the source of "Essay on Monopolies" as Elizabeth Fleet, "Madison's Detatched Memoranda," William & Mary Quarterly, Third series: Vol. III, No. 4 [October, 1946], pp. 554-562.)
Del |
