Church-State Relationships in America

By Gerard V. Bradley | Go to book overview

lishment "meant at least this": neither a state nor the federal government can aid, foster, or encourage religion, even on a nondiscriminatory basis.


NOTES
1.
S. Ames, ed., Works of Fisher Ames52-53 ( 1854).
2.
Irving Brant, The Life of James Madison264 ( 1954).
3.
L. Levy, "The Legacy Reexamined," 37 Stan. L. Rev.767 ( 1986).
4.
1 Annals of Cong.29 ( J. Gales ed. 1834).
5.
Madison to Jefferson, October 17, 1788, in 1 Writings of Madison423 ( 1865 by order of Congress).
6.
Letter of January 13, 1789, Massachusetts Centinel, March 4, 1789, at 1.
7.
Annals at 758.
8.
See D. Anderson, "The Origins of the Press Clause," 30 UCLA L. Rev.455 n. 251 ( 1983); Julius Goebel Jr., 1 History of the Supreme Court of the United States433 n. 105 ( 1971).
9.
Independent Gazetteer, October 17, 1788, quoted in Anderson, "Origins," at 497, n. 251.
10.
Anderson, "Origins," at 485.
12.
See U.S. Const. art. V.
13.
See e.g., The Life and Correspondence of Rufus King 50 ( Charles R. King, ed. ( 1894); James Curtis Ballagh, 2 The Letters of Richard Henry Lee438, 444, 468-69 ( 1911); 2 Elliot's Debates276 ( 1836) (statement by Willie Jones); E. McPherson, ed., "Unpublished Letters from North Carolina to James Madison and James Monroe," 14 N.C. Hist. Rev.156, 166 ( 1937).
14.
See notes 83-92 and accompanying text.
15.
See generally J. Main, The Antifederalists: Critics of the Constitution, 1781- 1788119-67 ( 1961).
16.
L. Levy, Legacy of Suppression 217, 227 ( 1960).
17.
B. McMaster and F. Stone, eds., Pennsylvania and the Federal Constitution, 1787-1788 83, 114 ( 1970) (opposition in Pennsylvania basically that of political jobbers); Paul L. Ford, ed., Essays on the Constitution of the United States402 ( 1892) ( North Carolina's Hugh Williamson to same effect), and 144 ( Oliver Ellsworth expressing same view); H. Beeman, The Old Dominion and the New Nation, 1788-180193 ( 1972).
18.
See, e.g., Debates and Proceedings in the Convention of the Commonwealth of Massachusetts406 ( 1788); L. Renzulli, Maryland: The Federalist Years 66 et seq., ( 1972); 8 Letters of Members of the Contintental Congress581 ( E. Burnett ed. 1936) (statement of William Grayson); J. Conley, Democracy in Decline117 ( 1977) ( James Madison).
19.
3 Farrand's Records of the Federal Convention291 (letter from George Nicholas to James Madison of April 5, 1788, in which Nicholas described George Mason's antifederal disposition to "the irritation he feels from the hard things that have been said of him, and second to a vain opinion he entertains . . . that he has influence enough to dictate a constitution for Virginia, and through her to the rest of the Union"). Ford, Essays, at 161 ( Oliver Ellsworth as "The Landholder" portrayed Richard Lee's opposition as factious, "rooted in his implacable hatred to George Washington, [and] his attempts to displace him and give the command of the American Army to General Lee").

-81-

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