Religion in the US

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DisestablishmentandtheConstitution.ppt

Disestablishment and the Constitution

  • In 1776, the colonies declared independence from British rule, precipitating the war of independence, which ended in 1783.
  • The new states drafted the Constitution in 1787, determining the role and operation of the federal government.
  • The Bill of Rights, with its 10 amendments, was added to the Constitution in 1791.

Disestablishment and the Constitution

  • In the Constitution itself, God is not mentioned. There is one line about religion in Article 6. It says “no religious Test shall ever be required as a Qualification to any Office or Public Trust under the United States.”
  • This means there can be no requirement that one hold a religious belief or be a member of a certain denomination in order to run for and serve in a political post, or work for the US Government.

Disestablishment and the Constitution

  • The first amendment to the Constitution disestablishes religion (at a federal level) and guarantees religious freedom. It says, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”
  • This means the state cannot directly support and regulate religion. It means religion and religious groups need not support and accede to state oversight and regulation. Religion is a voluntary activity whose expression is protected.

Disestablishment and the Constitution

  • Historically, disestablishment was a unique contribution of the US to Western history. Other European countries allowed diversity of religious expression but maintained state religious establishments.
  • The road to disestablishment was long and complex. Gaustad gives a compelling version of the story in chapters 1-2. Some reasons for disestablishment are summarized below.

Some Reasons for Disestablishment

Religious plurality

Top 5 denominations in terms of adherents in 1776 were Congregationalist, Presbyterian, Baptist, Anglican, Quaker. Many more denominations were present in the colonies. How could one have a “National Church” when there was already such religious diversity?

It must be noted that the Bill of Rights prohibited the federal government from an established religion. Some states still believed in and practiced establishment when the Bill of Rights went into effect. There was no national church, but some individual state churches. These states were all in New England, and included Connecticut (gave up establishment in 1818), New Hampshire (1819) and Massachusetts (1833). The 14th amendment passed in 1868 applied the constitution to the states, so today state establishments are prohibited.

Some Reasons for Disestablishment

Success of colonies without establishments

Some colonies either never had establishment or had abandoned it. They showed it was possible to separate religion from the functions of civic life and succeed.

Colonies practicing disestablishment were Rhode Island, Pennsylvania, New Jersey, Delaware.

Some Reasons for Disestablishment

3. An emerging emphasis on individual freedom, including freedom in religious matters.

This emphasis came from a variety of perspectives and, importantly, it included Thomas Jefferson and James Madison, who stressed the need for the individual conscience to make its own decisions in religion. This emphasis meant one should not in any sense compel or require even something so general as belief in God or membership in some branch of the Christian religion. These were personal and individual choices and the government should not require them but protect them.

National Disestablishment

  • James Madison helped push through a version of Thomas Jefferson’s bill disestablishing religion in Virginia in 1785. This was a prelude to national disestablishment, which would come with the Constitution and Bill of Rights.

2.bin

National Disestablishment: Summary of the Original Colonies/States

  • 1776: 4 colonies already have disestablishment (RI, PA, NJ, DE)
  • 1789: 6 states have ended Anglican establishments (NY, MD, NC, SC, GA, VA)
  • Establishments in CT (ends 1818), NH (ends 1819), MA (ends 1833)