James Madison's Principle of Religious Liberty
@article{Muoz2003JamesMP, title={James Madison's Principle of Religious Liberty}, author={Vincent Phillip Mu{\~n}oz}, journal={American Political Science Review}, year={2003}, volume={97}, pages={17 - 32} }
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…
26 Citations
James Madison’s Political Science of Religious Liberty
- Law, HistoryAmerican Political Thought
- 2021
In Fulton v. City of Philadelphia (2021), Justices Alito, Thomas, and Gorsuch called for the reversal of Employment Division v. Smith (1990), the Supreme Court’s leading Free Exercise Clause…
George Washington on Religious Liberty
- History, LawThe Review of Politics
- 2003
Despite the Supreme Court's repeated invocations of America's Founding Fathers for First Amendment religion jurisprudence, George Washington's political thought regarding religious freedom has…
Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty
- Law, Political Science
- 2012
Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood.…
Against Every General Principle: Prudence in the Constitutional Statesmanship of James Madison
- LawAmerican Political Thought
- 2021
The deeply prudential nature of James Madison’s statesmanship has frequently been noted but never sufficiently explored. Prudence, for Madison, meant that an individual should support imperfect (even…
Religious Culture & Natural Rights: Understanding the “Paradox” of Early America
- History, LawJournal of Law and Religion
- 2007
Analyses of religious liberty in eighteenth-century America often seek to uncover legal principles concerning the relationship between church and state. Many such analyses focus on the…
Religious Organizations, Charitable Choice, and the Limits of Freedom of Conscience
- LawPerspectives on Politics
- 2004
In this article, I consider the claims made by those who advocate greater inclusion of religiously based organizations in the public realm. I examine two ostensibly “religion-blind”…
Subverting the republic: Christian faithfulness and civic allegiance in John Locke's America
- Philosophy
- 2007
by John Perry The relation of religion to politics has been the subject of much recent controversy. In America, this most commonly involves debates about Christianity and political liberalism. Among…
Religious Liberty and the American Founding
- History, Law
- 2004
Perhaps no aspect of the American founding has received more recent scholarly attention than the American founders' understanding of religious liberty. Yet despite an enormous scholarly effort, no…
Varieties of Neutrality
- Political ScienceFree Exercise of Religion in the Liberal Polity
- 2019
Although many suggest that the government should be neutral toward religious belief and practice, much conflict exists over the meaning of neutrality. This project characterizes the conflict as one…
The First Amendment, Varieties of Neutrality, and Same-Sex Marriage
- EconomicsPolitics and Religion
- 2009
Abstract This article compares the difficulty in achieving a public stance of neutrality toward sexual orientation with the difficulty in achieving neutrality toward religious belief. Strict…
References
SHOWING 1-10 OF 61 REFERENCES
Madison: On the Separation of Church and State
- History, Law
- 1951
Ty O0 James Madison, author of the American Bill of Rights, freedom of religion was the fundamental item upon which all other forms of civil liberty depended. Its maintenance would not automatically…
George Washington and Religious Liberty
- History
- 1960
the fight against bigotry in America, George Washington played a role second to none. Both as commander in chief of the Continental Army and as president, he used his immense prestige and influence…
Separation of Church and State: Historical Fact and Current Fiction
- History, Law
- 1982
It is this first article of the Bill of Rights and its subsequent interpretation that Cord treats in his book. Baker Book House has taken Cord' s 1982 book Separation of Church and State and…
A letter concerning toleration
- History
- 1963
Locke argued that religious belief ought to be compatible with reason, that no king, prince or magistrate rules legitimately without the consent of the people, and that government has no right to…
James Madison and Religious Equality: The Perfect Separation
- History
- 1982
One of the marks of any generation's scholarship is its desire to examine the ideas of important historical figures in the light of contemporary concepts and concerns.' One of the marks of a truly…
American Compact: James Madison and the Problem of Founding
- Law
- 1999
For students of the early American republic, James Madison has long been something of a riddle, the member of the founding generation whose actions and thought most stubbornly resist easy summary.…
The Establishment Clause: Religion and the First Amendment
- History
- 1986
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of…
The papers of James Madison : presidential series
- History
- 1984
Volume 8 of the Presidential Series covers the suspense-filled final months of the War of 1812, as Madison awaited the outcome of peace negotiations at Ghent while defending the country against…
Equality and Diversity: The Eighteenth-Century Debate about Equal Protection and Equal Civil Rights
- History, LawThe Supreme Court Review
- 1992
Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to…
To Build a Wall: American Jews and the Separation of Church and State
- History
- 1995
To Build a Wall represents the first extensive study of the effect of Jewish interest groups on church-state litigation. Ivers carefully traces the evolution of the American Jewish Committee, the…