Church-State Relationships in America

By Gerard V. Bradley | Go to book overview

well settled. 398 Nevertheless he agreed with the majority that nonestablishment meant no aid, encouragement, or support. For the Court's historical analysis to survive the realities of the early national period surveyed here, the Court need locate in the amending process itself a revolution in both popular sentiment and the accepted meaning of nonestablishment. That these unlikely events did not occur can be proved.


NOTES
1.
Everson v. Board of Education 330 U.S.1, 42 ( 1961).
2.
Quoted in Joseph F. Thorning, Religious Liberty in Transition6 n. 14 ( 1931).
3.
Ibid.
4.
L. Pfeffer, Church, State and Freedom141 ( 1953).
5.
Sanford H. Cobb, The Rise of Religious Liberty in America513-15 ( 1902).
6.
M. Forkosch, "Religion, Education, and the Constitution--A Middle Way," 23 Loy. L. Rev. 617, 632 ( 1977).
7.
W. Van Alstyne, "Comment: Trends in the Supreme Court: Mr. Jefferson's Crumbling Wall--A Comment on Lynch v. Donnelly," 1984 Duke L.J.770, 773 n. 8 ( 1984).
8.
Wallace v. Jaffree,-----. U.S.-----, 105 S. Ct. 2479, 2512 ( 1985).
9.
L. Levy, Judgments, 169-218 ( 1972).
10.
See J. R. Rotunda Nowak, and N. Young, Constitutional Law1117 ( 2d ed. 1983). Vermont was the tenth state to ratify.
11.
E. Smith, Religious Liberty in the United States24 ( 1972).
12.
George C. Groce Jr., William Samuel Johnson, A Maker of the Constitution31 ( 1937).
13.
P. Conley, Democracy in Decline11 ( 1977).
14.
2 Federal and State Constitutions of the United States, 1857 Ben Perley Poore comp. 2d ed. 1924) (hereafter cited as Poore's 1 or 2).
15.
Poore's 1 at 957.
17.
Ibid. at 957 ( Massachusetts), and Poore's 2 at 1281, ( New Hampshire), 1859 ( Vermont). The Connecticut Constitution referred to is the Organic Act of 1784, governing church-state relations in the state. It can be found in its entirety in The First Laws of the State of Connecticut ( John D. Cushing, comp. 1982) 21-22 (hereafter cited as Ct. Laws).
18.
Ct. Laws at 43.
19.
The First Laws of the Commonwealth of Massachusetts240 ( John D. Cushing Comp. 1981) (hereinafter cited as Mass Laws).
20.
Poore's 1 at 957 ( Massachusetts) and Poore's 2 at 1281 ( New Hampshire), 1865 ( Vermont). Ct. Laws at 20.
21.
Poore's 2 at 1286-87.
22.
Ibid. at 1861 (constitution of 1777).
24.
Poore's 1 at 951 ( Massachusetts) and Poore's 2 at 1281 ( New Hampshire), Ct. Laws at 21-22.
25.
Mass. Laws at 238.

-57-

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