Nature’s God And The Founding Fathers

PrintPrintEmailEmail

Yet it was not clear that the Senate’s version of the religion clause prohibited tax support, and perhaps for that reason the House refused to accept the revision. A joint committee, with Madison as chairman of the three House members and Oliver Ellsworth of Connecticut as his counterpart for the Senate, then considered the difficulty—again without leaving us minutes of their discussion—and came up with the wording that has become part of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Madison could not have been pleased to see the key phrase about “the rights of conscience” abandoned—for him that clarified the basic intent of the amendment—but he was convinced that in its final form the first article of the Bill of Rights could be reasonably interpreted as prohibiting federal support of religious activities in any form.

That, as has been noted, was the way he and Jefferson interpreted it during their terms as President, and for the rest of their lives. At the same time, both of them realized that while they had led a successful campaign for separation of church and state as an essential footing in the structure of democracy, their theoretical reasons for doing so were grasped by relatively few of their countrymen. They knew their ideal was still remote: a society so free that its only ideological commitment would be to freedom of the mind. Much of the support they had been able to rally for a barrier between church and state had other sources. True, it sprang in part from a native intellectual current against absolutism which has never failed to flow in America despite counteracting currents of great force. But in part it came from the mutual and competitive mistrust of the various religious sects toward one another. Always pragmatic, Jefferson and Madison saw the value of this, despite their own rejection of revealed religion. Variety of belief was a useful insurance against tyranny.

The history of the First Amendment since 1791, when the last of the necessary eleven states ratified the federal Bill of Rights, has been one of fluctuating interpretation. This has been most notable during the last fifty years, during which, for the most part, the Supreme Court has found that the Fourteenth Amendment enjoins the guarantees of the First upon the states, for the protection of every citizen. There has been some confusion and inconsistency: schoolchildren swear allegiance to one nation “under God,” yet cannot be led in official school prayers, however nondenominational. Over a period of years, however, the trend of Court decisions has been toward strict separation of church and state, in a manner that assuredly would please Jefferson and Madison if they were here to see it. Indeed, the Justices have shown a strong penchant for citing these champions of freedom in explaining and supporting recent Court decisions.

There is nothing sacred about the reasoning of any of our ancestors, on this or any other matter. But whether one agrees with Jefferson and Madison or not, with regard to how high and impassable the wall between church and state ought to stand in a free society, they deserve to be remembered and understood, as the two among the Founding Fathers who devoted more of their minds and lives to this great problem than anyone else. They were an intellectual avant-garde whose probing of the relationship between religion and democracy went beyond the more or less traditional attitudes of most Americans between 1776 and 1791. Yet they were the center of a high-pressure area in the climate of opinion of their time, and their conclusions were strongly reflected in the Constitution as it finally was adopted.

Their thinking, moreover, can be fairly understood only as emerging from the matrix of the Enlightenment, of which—with such men as Benjamin Franklin, Thomas Paine, James Monroe, and even George Washington and John Adams—they were indubitably the intellectual offspring. The impact of “natural religion” on the genesis of democratic liberty, through their influence, has too often been ignored.

Writing to Dr. Benjamin Rush in 1800, shortly before he became President, Jefferson alleged certain clerical “schemes” to breach the religion clause of the First Amendment. He would oppose them with all his power, he said, “for I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man.” It was “Nature’s God” that he was thinking of; and for that vow above all others the altar was not to be found, he believed, within the limits of any dogmatic creed.