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Jefferson's letter to Benjamin Rush shows that Jefferson was
a non-preferentialist.
In his 1996 book Original Intent, Barton argues that Jefferson
believed that the First Amendment prohibited only preferential
establishments of religion. Part of the proof he adduces for this
claim is a letter Jefferson wrote to Dr. Benjamin Rush on Sept.
23, 1800. Here is the relevant passage from Barton's book:
[Jefferson] believed, along with the other Founders, that the
First Amendment had been enacted only to prevent the federal
establishment of a national denomination--a fact he made clear in
a letter to fellow-signer of the Declaration of Independence
Benjamin Rush:
[T]he clause of the Constitution which, while it secured the
freedom of the press, covered also the freedom of religion, had
given to the clergy a very favorite hope of obtaining an
establishment of a particular form of Christianity through the
United States; and as every sect believes its own form the true
one, ever one perhaps hoped for his own, but especially the
Episcopalians and Congregationalists. The returning good sense of
our country threatens abortion to their hopes and they believe
that any portion of power confided to me will be exerted in
opposition to their schemes. And they believe rightly (p. 45).
There is little to commend this argument. In particular, we note
that Barton's conclusion is illogical; one cannot conclude from
Jefferson's opposition to preferential establishment that he
believed the effect of the First Amendment was limited to
preferential establishment. This would be the same as arguing
that, because Jefferson believed that the free speech clause
prohibited the Sedition act of 1798, the free speech clause was
limited to sedition! In fact, Jefferson indicated on numerous
occasions that he believed the First Amendment was a total
prohibition on the power of government to aid or hinder religion:
- I consider the government of the United States as interdicted
by the Constitution from intermeddling in religious institutions,
their doctrines, discipline, or exercises. This results not only
from the provision that no law shall be made respecting the
establishment or free exercise of religion, but from that also
which reserves to the states the powers not delegated to the
United States. Certainly, no power to prescribe any religious
exercise or to assume authority in religious discipline has been
delegated to the General Government. It must rest with the
States, as far as it can be in any human authority (letter to
Samuel Miller, Jan. 23, 1808).
- In matters of religion, I have considered that its free
exercise is placed by the constitution independent of the power
of the federal government. I have therefore undertaken, on no
occasion, to prescribe the religious exercises suited to it; but
have left them, as the constitution found them, under the
direction of state or church authorities acknowledged by the
several religious societies (Jefferson's Second Inaugural
Address).
- In justice, too, to our excellent Constitution, it ought to
be observed, that it has not placed our religious rights under
the power of any public functionary. The power, therefore, was
wanting, not less than the will, to injure these rights
(Letter to the Society of the Methodist Episcopal Church at
Pittsburg, Dec. 9, 1808).
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