Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

The First Amendment, Declared in Force December 15, 1791:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


The Fourteenth Amendment, Section 1, Declared Ratified July 28, 1868:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Source: Francis Newton Thorpe (ed.), The Federal and State Constitutions ( Washington, D. C., 1909), I, 27, 29, 31.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

I. Brant, James Madison ( Indianapolis and New York, 1941- 1961), Vol. III.

E. F. Humphrey, Nationalism and Religion in America, 1774-1789 ( Boston, 1924).

J. James, The Framing of the Fourteenth Amendment (Urbana, III., 1956).

R. A. Rutland, Birth of the Bill of Rights: 1776-1791 (Chapel Hill, N.C., 1955).

A. P. Stokes, Church and State in the United States ( New York, 1950), I, 518-599.

R. A. Wells and T. A. Askew (eds.), Liberty and Law: Reflections on the Constitution in American Life and Thought ( Grand Rapids, Mich., 1987).


25
Ohio Constitution (Extract) November 29, 1802

Ohio was the first state to be formed from the Northwest Territory, and its constitutional provision for religious freedom was foreshadowed by language in the Northwest Ordinance, passed by the Continental Congress in 1787 (reenacted 1789). Article I had stated that "no person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments," and Article III had added that "religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." Article V had then required states formed from the territory to enact constitutions "in conformity to the principles contained in these articles."

Ohio's constitution restated and expanded these principles, joining traditions of separation and state benevolence toward religion. Several

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