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Did Supreme Court justice Joseph Story ever say that, at the
time of the adoption of the Constitution, there was near
universal consensus that "christianity ought to receive
encouragement from the state?"
Yes, but this is a classic example of quoting a source out of
context. In fact, Story's statement has nothing to do with the
First Amendment or the powers of the federal government. On the
contrary, a closer look at his writings suggests that he believed
that the federal government had no ability whatsoever to aid
religion.
Joseph Story was an Associate Justice of the Supreme Court from
1811-1845, and the most important legal commentator of his day.
In 1851, while serving as the Dane Professor of Law at Harvard
University, he published his Commentaries on the Constitution
of the United States, which included a short section on
religious liberty. In the opening pages of this section Story
argued for the importance of religious faith for good government,
and then proceeded to claim that:
Probably at the time of the adoption of the constitution, and of
the amendment to it, now under consideration [i.e., the First
Amendment], 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.
[p. 593]
Accomodationists sometimes use this statement as proof that the
Constitution could not have been intended to prohibit federal
support for religion. But this is to misread Story's claim. All
Story is claiming here is that, at the time of the adoption of
the Constitution, there was widespread sentiment for aiding
Christianity. What Story does not claim here is that the
Constitution empowered the federal government to give such aid.
Indeed, only a few pages latter in his Commentaries he
explicitly denies that the federal government had such power:
It was under a solemn consciousness of the dangers from
ecclesiastical ambition, the bigotry of spiritual pride, and the
intolerance of sects, thus exemplified in our domestic, as well
as in foreign annals, that it was deemed advisable to exclude
from the national government all power to act upon the
subject. The situation, too, of the different states equally
proclaimed the policy, as well as the necessity of such an
exclusion. In some of the states episcopalians constituted the
predominant sect; in other presbyterians; in others,
congregationalists; in other, quakers; in others again, there was
close numerical rivalry among contending sects. It was
impossible, that there should not arise perpetual strife and
perpetual jealousy on the subject of ecclesiastical ascendancy,
if the national government were left free to create a religious
establishment. The only security was in extirpating the power.
But this alone would have been an imperfect security, if it has
not been followed up by a declaration of the right of the free
exercise of religion, and a prohibition (as we have seen) of all
religious tests. Thus, the whole power over the subject of
religion is left exclusively to the state governments, to be
acted upon according to their own sense of justice, and the state
constitutions; and the Catholic and Protestant, the Calvinist and
the Arminian, the Jew and the Infidel, may sit down at the common
table of the national councils, without any inquisition into
their faith, or mode of worship. [pp. 596-597, emphasis
ours]
Story, in other words, believed, along with Madison, Jefferson,
and a host of other framers, that the Constitution gave no power
to the federal government over religion. With respect to the
federal government, Story was a separationist. Accomodationists quote
him out of context when they reproduce his general statements,
but not his specific claim that the federal government has no
authority over religion.
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