James Madison's Principle of Religious Liberty

  title={James Madison's Principle of Religious Liberty},
  author={Vincent Phillip Mu{\~n}oz},
  journal={American Political Science Review},
  pages={17 - 32}
  • V. P. Muñoz
  • Published 1 February 2003
  • History, Law
  • American Political Science Review
Although James Madison has been invoked by justices and judicial scholars for over 100 years, Madison's principle of religious liberty has never been fully grasped or adopted by the Supreme Court. Judges and scholars have failed to understand Madison's radical but simple teaching that religion is not part of the social compact and, therefore, that the state may not take religion within its cognizance. In this article I set forth Madison's principle of “noncognizance” in light of the social… 
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