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On The Establishment Of Religion (What Supreme Court Justice Joseph Story wrote in 1840)
A Familiar Exposition of The Constitution Of The United States | 1840 | Joseph Story

Posted on 08/26/2003 11:18:53 AM PDT by Gritty

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To: Gritty
Joseph Story on religious tests (Article 6, Clause 3):

§ 1841. The remaining part of the clause declares, that "no religious test shall ever be required, as a qualification to any office or public trust, under the United States." This clause is not introduced merely for the purpose of satisfying the scruples of many respectable persons, who feel an invincible repugnance to any religious test, or affirmation. It had a higher object; to cut off for ever every pretence of any alliance between church and state in the national government. The framers of the constitution were fully sensible of the dangers from this source, marked out in the history of other ages and countries; and not wholly unknown to our own. They knew, that bigotry was unceasingly vigilant in its stratagems, to secure to itself an exclusive ascendancy over the human mind; and that intolerance was ever ready to arm itself with all the terrors of the civil power to exterminate those, who doubted its dogmas, or resisted its infallibility. The Catholic and the Protestant had alternately waged the most ferocious and unrelenting warfare on each other; and Protestantism itself, at the very moment, that it was proclaiming the right of private judgment, prescribed boundaries to that right, beyond which if any one dared to pass, he must seal his rashness with the blood of martyrdom. The history of the parent country, too, could not fail to instruct them in the uses, and the abuses of religious tests.

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23 posted on 09/17/2006 6:52:25 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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