Thomas Jefferson and the Wall of Separation between Church and State

By Daniel L. Dreisbach | Go to book overview

Notes

NOTES TO CHAPTER 1

1. Reynolds v. United States, 98 U.S. 145, 164 (1879).

2. Everson v. Board of Education, 330 U.S. 1, 16, 18 (1947).

3. Letter from Thomas Jefferson to Messrs. Nehemiah Dodge, Ephraim Robbins, and Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut, 1 January 1802, The Papers of Thomas Jefferson (Manuscript Division, Library of Congress), Series 1, Box 89, December 2, 1801–January 1, 1802; Presidential Papers Microfilm, Thomas Jefferson Papers (Manuscript Division, Library of Congress), Series 1, Reel 25, November 15, 1801–March 31, 1802.

4. Letter from Thomas Jefferson to Levi Lincoln, 1 January 1802, The Papers of Thomas Jefferson (Manuscript Division, Library of Congress), Series 1, Box 89, December 2, 1801–January 1, 1802; Presidential Papers Microfilm, Thomas Jefferson Papers (Manuscript Division, Library of Congress), Series 1, Reel 25, November 15, 1801–March 31, 1802.

5. U.S. Constitution, amendment 1.

6. See Amos v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, 594 F. Supp. 791, 811 (1984), quoting Senator Samuel Ervin (“[T]he first amendment was a design to raise a wall of separation between church and state and was designed to keep the state's hands off the church and the church's hands off the state.”). This passage is a slight paraphrase of Justice Robert H. Jackson's dictum in Everson, 330 U.S. at 26–27 (Jackson, J., dissenting) (Religious freedom “was set forth [in the Constitution] in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state.”). See also id. at 16 (“Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa.”).

7. Lemon v. Kurtzman, 403 U.S. 602, 612 (1971).

8. Robert S. Alley, So Help Me God: Religion and the Presidency, Wilson to Nixon (Richmond, Va.: John Knox Press, 1972), 145.

-155-

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