The Documents
The Declaration of Independence
Among the founding documents of the American republic the Declaration of Independence and the Constitution of the United States share primacy. First in time was the Declaration of Independence. Prepared by the Continental Congress over a year after the American Revolution had started with the battles at Lexington and Concord in April, 1775, the Declaration was silent on the question of religious freedom. In Jefferson’s words, which still ring down across almost two and a half centuries, the Declaration is firmly based on the “Laws of Nature and of Nature’s God” and, of course, “We hold these truths to be self evident, that all men are created equal” created, presumably, by God. In the list of grievances which comprise the bulk of the Declaration though, religion is unmentioned.
The Constitution of the United States
The Constitution of the United States was, as drafted and signed in 1787, almost silent on religion. The only reference is found in Article 6 where it stipulates “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States” (Davis). It remained for the fight over ratification, something not a certainty during 1787-89, for the demand for a specific guarantee of individual liberties to result in a Bill of Rights, the first of which, by design, starts “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;” Finally, freedom of religion was guaranteed when the Bill of Rights was adopted.
The Danbury Baptists Letters
The subject of this paper involves an exchange on the subject of religion between the Danbury Baptists Association and Thomas Jefferson. In this exchange, the Danbury Baptists state their position that they fear a government encroaching on religious liberty and petition the newly elected president to assure them that would not happen. Jefferson responded by agreeing that religious freedom is important. He points out, though, that the First Amendment addresses this quite clearly. He emphasizes this by saying this has the effect of “building a wall of separation between Church & State” (Letters Between Thomas Jefferson and the Danbury Baptists).
Freedom of Religion
History
Religion played a central role in America from the time of the first colonies. The Pilgrims, Puritans, Huegonauts, Catholics, Protestants (in all of their denominations) and Quakers are all there in the colonies. Often, though, religious tolerance was distinctly not a part of the New World philosophy (Davis). Indeed, intolerance was more the norm, with, for example, the religious clashes between Catholics and Protestants spilling into the Americas from Europe. Beyond intolerance, active discrimination and even violence were common. Catholics were banned from some of the English colonies as were “non-Puritan” Protestants (Davis). In one report “Four Quakers were hanged in Boston between 1659 and 1661 for persistently returning to the city to stand up for their beliefs” (Davis).
Solutions
At the Constitutional Convention religion was little mentioned beyond an agreement that no state religion would be included. The fight for ratification resulted in the Bill of Rights and, relevant to this discussion, the First Amendment. That this was considered insufficient by at least some is seen in the Danbury letters.
Conclusion
As Mount points out, in the 21st Century it seems that religion has become a “big deal” in American society. Lawsuits surround the posting of the Ten Commandments or the words “In God We Trust” on currency. Compared to the colonial period though, it is a minor issue. By the time of the American Revolution, there was enough diversity to make settling on any single religion impossible. The Constitution though, even when the Bill of Rights was included, could be interpreted as not prohibiting the states from establishing a church. For that matter, a tithe to the church and required attendance were theoretically possible as well. This interpretation seems absurd in the face of Article 6 which clearly states “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby” (Constitution of the United States).
Nevertheless, religion was of sufficient concern that the Danbury Baptists felt compelled to contact the new President about them. Jefferson laid down the precedent in the clearest possible language that the First Amendment created a “wall of separation between Church & State” (Letters Between Thomas Jefferson and the Danbury Baptists). This language remains the core of the American approach to church and state relationships today.
References
“Bill of Rights.” (15 December 1791). National Archives. Retrieved from https://www.archives.gov/founding-docs/bill-of-rights-transcript
“Constitution of the United States.” (17 September 1789). National Archives. Retrieved from https://www.archives.gov/founding-docs/constitution-transcript
Davis, K. (October 2010). “America’s True History of Religious Tolerance.” Smithsonian Magazine. Retrieved from http://www.smithsonianmag.com/history/americas-true-history-of-religious-tolerance-61312684/
“Declaration of Independence.” (4 July 1776). National Archives. Retrieved from https://www.archives.gov/founding-docs/declaration-transcript
“Letters Between Thomas Jefferson and the Danbury Baptists.” (1802). Bill of Rights Institute. Retrieved from https://www.billofrightsinstitute.org/founding-documents/primary-source-documents/danburybaptists/
Mount, S. (29 June 2010). “Constitutional Topic: The Constitution and Religion.” U.S. Constitution Online. Retrieved from http://www.usconstitution.net/consttop_reli.html
