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To: Michael M who wrote (16252)7/1/2002 12:43:45 PM
From: Lazarus_Long  Read Replies (3) | Respond to of 21057
 
I cite the basic law of the land, you cite nebulous "historical foundations" and I'm obtuse?



To: Michael M who wrote (16252)7/1/2002 5:29:34 PM
From: Win Smith  Respond to of 21057
 
SI's lame-o search facility being semi-operable for the moment, I dug up an article. I'm sure the canonical "moral clarity" holy roller interpretation of what "original intent" really means is at variance with this, but what the heck. I suppose just because the Founding Fathers were in general students of the Enlightenment and not particularly religious themselves doesn't mean they weren't holy rollers too, when properly interpreted by current "scholars".

How did Madison acquire this understanding of rights? In large part, through his powerful commitment to freedom of conscience. For Madison, as for Thomas Jefferson, the horrific religious persecutions of the 16th and 17th centuries were the equivalent of what the history of racial slavery and discrimination has been for us: the most compelling example of the systematic denial of fundamental rights to unpopular minorities. Their radical solution to the religion problem was to recognize that every individual retains a sovereign right to accept or reject the claims of religion, entirely free of the coercive authority of the state or community.

Today, efforts are repeatedly made to suggest that Madison and Jefferson were not quite the ardent advocates of separating church and state that their strongest statements on the subject suggest. In fact, the more Madison thought about the subject, the more militant his thinking grew.

The great virtue of his approach becomes evident the more we wrestle with the confusing interpretation of the First Amendment's religion clause that is the legacy of the Supreme Court's unhappy efforts to develop satisfactory tests for evaluating government aid to religion.

Madison's radical solution to the problem was simply to privatize all religious activity. He was confident that competition between denominations in the spiritual marketplace would keep religion healthy, while freeing government from the impossible task of deciding whether, when and how to support religion.

On all these questions, anyone who delves into Madison's writings will discover an original, creative, skeptical, quizzical and discriminating mind. These very qualities make him a more elusive figure to understand than Jefferson, with his passionate if problematic commitment to equality, or Benjamin Franklin, with his wit and wisdom, or even Alexander Hamilton, with his better grasp of public policy. But Madison was our most penetrating political thinker, and his birthday is well worth commemorating. nytimes.com