Book contents
- The Cambridge Companion to the First Amendment and Religious Liberty
- Cambridge Companions to Law
- The Cambridge Companion to the First Amendment and Religious Liberty
- Copyright page
- Dedication
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part I Philosophical Foundations
- Part II Historical Interpretations
- 4 Religious Exercise and Establishment in Early America
- 5 The Historical Context of the Religion Clauses of the First Amendment
- 6 Religious Tests, Loyalty Oaths, and the Ecclesiastical Context of the First Amendment
- 7 Church and State in the Nineteenth Century
- 8 The First Amendment Religion Clauses in the United States Supreme Court
- Part III Law, Politics, and Economics
- Index
7 - Church and State in the Nineteenth Century
from Part II - Historical Interpretations
Published online by Cambridge University Press: 17 December 2019
- The Cambridge Companion to the First Amendment and Religious Liberty
- Cambridge Companions to Law
- The Cambridge Companion to the First Amendment and Religious Liberty
- Copyright page
- Dedication
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part I Philosophical Foundations
- Part II Historical Interpretations
- 4 Religious Exercise and Establishment in Early America
- 5 The Historical Context of the Religion Clauses of the First Amendment
- 6 Religious Tests, Loyalty Oaths, and the Ecclesiastical Context of the First Amendment
- 7 Church and State in the Nineteenth Century
- 8 The First Amendment Religion Clauses in the United States Supreme Court
- Part III Law, Politics, and Economics
- Index
Summary
This chapter investigates debates around the First Amendment in the nineteenth century. In 1801, President Thomas Jefferson wrote to the Danbury Baptists of Connecticut that the First Amendment built “a wall of separation between Church & State.” Although not central to interpreting the First Amendment in the nineteenth century, Jefferson’s metaphor became the dominant interpretation in twentieth-century jurisprudence. This chapter examines whether citizens, public figures, and the courts endorsed a theory similar to Jefferson’s, and it finds they did not. Instead, the national practice endorsed public Christianity, building upon that faith’s majority status. At the same time, three groups posed definite challenges to this consensus. Freethinkers raised doubts about both Christianity and its socially privileged status. Roman Catholics had to defend their rights to religious practice. Mormon practice of plural marriage, however, went beyond the population’s willingness to tolerate and so was opposed by the power of the federal government.
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- Publisher: Cambridge University PressPrint publication year: 2020