Church-State Relationships in America

By Gerard V. Bradley | Go to book overview

the existence of these legislators, for the justices say the founding generation rendered "aid to religion" and "constitutionally valid" mutually exclusive categories.


NOTES
1.
I Annals of Congress 257 ( J. Gales ed. 1834)
3.
H. Beeman, The Old Dominion and the New Nation, 1788-1801 93 ( 1972). Lee thus proved himself a resilient friend. In late 1786, he wrote Madison after hearing that he had been dropped from the Virginia congressional delegation in favor of Madison: "Your abandonment of a man who loved your character to excess and who esteemed your friendship among the first blessings of life connected with the circumstances of your election to the office from which he was dismissed, together with many other considerations which are unnecessary to repeat wound one deeply."Henry Lee to James Madison, December 20, 1796, in 8 Letters of Members of the Continental Congress 524 ( E. Burnett 1936). Lee was later reinstated due to the resignation of another delegate.
4.
Beeman, Old Dominion, at 23-24.
5.
3 Elliot's at 656.
6.
Beeman, Old Dominion at 24 quoting Madison to Jefferson, October 17, 1786. See J. Goebel, 1 History of the Supreme Court of the United States 413-14 ( 1975).
7.
Beeman, Old Dominion, at 25.
8.
Madison to George L. Turberville, November 2, 1788, in Goebel, 1 History at 426 n. 72.
10.
Beeman, Old Dominion, at 25.
11.
See, e.g., Boston Independent Chronicle, February 26, 1789.
12.
Beeman, Old Dominion, at 26.
13.
Robert Morris to Richard Peters, August 24, 1789, in Goebel, 1 History, at 446.
14.
Pierce Butler to James Iredell, August 11, 1789, in Life and Correspondence of James Iredell 263-65 ( Griffith McRee ed. 1857).
15.
Ames to Timothy Dwight, June 11, 1789, in Works of Fisher Ames 52-53 ( Seth Ames ed. 1854).
16.
Everson v. Board of Education 330 U.S. 1, 39 ( 1962).
17.
See, e.g., reiterations of Madison's centrality to First Amendment interpretation in W. Van Alstyne, "Trends in the Supreme Court: Mr. Jefferson's Crumbling Wall-- A Comment on Lynch v. Donnelly 1984," Duke L.J.770, at 773, 777-79; Richard E. Morgan , The Supreme Court and Religion ( 1972), at 24; Note, "Religion and Morality Legislation: A Reexamination of Establishment Clause Analysis," 59 N. Y. U. Rev. 301, 317-18, 358-60 ( 1984).
18.
I. Brant, The Life of James Madison ( 1954); Brant, "Madison: On the Separation of Church and State," Wm. & Mary Q. 3d ser. 8 ( January 1951), at 12; Robert L. Cord, Separation of Church and State: Historical Fact and Current Fiction ( 1982), at 20-36; and review essay by Dennis G. Stovers, 17 Am. Pol. Sci. Rev. 1030 ( 1983).
19.
Cord, Separation, at 33.
21.
See notes 135-47 and accompanying text.

-104-

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