America’s Best Idea

1. America's Best Idea: The First Amendment's Genius

I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State.

A foundational principle. The First Amendment's initial sixteen words, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," represent a revolutionary concept in governance. This dual guarantee—freedom from established religion and freedom of religious practice—has served both government and faith remarkably well for over two centuries, protecting the common good from religious factionalism and ensuring the integrity of faith from state entanglement.

Under constant threat. Despite its enduring success, this "wall of separation" is perpetually under attack from various interests. These challenges range from political promises to repeal the Johnson Amendment, which prevents tax-exempt organizations from endorsing political candidates, to Supreme Court decisions like Espinoza v. Montana Department of Revenue (2020) that open doors for taxpayer subsidies to sectarian schools. The Religious Right often supports public prayer in schools and religious symbols in public spaces, further eroding the establishment clause.

A historian's perspective. As a historian, the author views the First Amendment as the "genius of American life" and "America's best idea." It emerged from the diverse religious landscape of the colonial Atlantic seaboard, where no single denomination could achieve hegemony. This historical context underscores the necessity and wisdom of disestablishment, fostering a vibrant "marketplace of religious associations" that thrives precisely because the government largely stays out of the religion business.

2. Transatlantic Roots of Religious Liberty: Williams and Penn

When they have opened a gap in the hedge or wall of separation between the garden of the church and the wilderness of the world, God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness, as at this day.

Roger Williams's radical vision. Banished from Puritan Massachusetts in 1636 for his "dangerous opinions" on church-state separation, Roger Williams founded Providence, Rhode Island, as a "shelter for persons distressed for conscience." He established the Baptist tradition in North America, advocating for "soul liberty" and using the powerful metaphor of a "wall of separation" to protect the "garden of the church" from the corrupting "wilderness of the world" (the state). His aim was to preserve faith's integrity from political defilement.

William Penn's "holy experiment." Building on similar principles, Quaker William Penn launched his "holy experiment" in Pennsylvania in 1681, attracting "sober people of all sorts" with promises of religious toleration and democratic governance. Pennsylvania became a haven for diverse religious and ethnic groups, including Lutherans, Mennonites, Catholics, and Jews, demonstrating that religious harmony was possible without state coercion.

Models for the nation. Both Williams's "lively experiment" in Rhode Island and Penn's "holy experiment" in Pennsylvania provided crucial models for configuring church and state. Their ideas, alongside John Locke's philosophy of toleration, laid the groundwork for the First Amendment, emphasizing liberty of conscience and respect for minority rights as integral to democracy itself. Tragically, their humane treatment of Native Americans was not widely adopted.

3. Crafting the "Wall of Separation": Madison and Jefferson's Vision

I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church & State.

Madison's reluctant champion. James Madison, initially hesitant about a Bill of Rights, was swayed by political pressure, particularly from Virginia Baptists who suffered state persecution. He drafted the First Amendment, a concise sixteen-word triumph that pledged the government to avoid designating a state religion, thereby guaranteeing both free exercise and freedom from establishment. Madison believed "Ecclesiastical Establishments tend to great ignorance and Corruption."

Jefferson's philosophical alignment. Thomas Jefferson, a secular rationalist and deist, shared Madison's conviction, famously articulating the "wall of separation between Church & State" in his 1802 letter to the Danbury Baptists. He saw religious establishment as "sinful and tyrannical," arguing that compelling financial contributions for opinions one disbelieves is a violation of liberty. Jefferson's own "Jefferson Bible" exemplified his rationalist approach to faith.

An unlikely alliance. The First Amendment emerged from a unique collaboration between secular rationalists like Jefferson and evangelicals, especially Baptists, like Roger Williams and John Leland. Williams sought to protect the church's integrity from state interference, while Jefferson aimed to shield the new government from religious factionalism. This "collusion" created a vibrant religious marketplace where faith could flourish, unburdened by state control.

4. Early Republic's Stance: No Christian Nation

As the government of the United States of America is not in any sense founded on the Christian Religion,—as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen [Muslims],—and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

A clear declaration. The Treaty of Tripoli, negotiated under George Washington and unanimously ratified by the Senate under John Adams in 1797, explicitly stated in Article 11: "the government of the United States of America is not in any sense founded on the Christian Religion." This unambiguous language directly refutes claims that the U.S. was established as a Christian nation, demonstrating the early government's commitment to religious neutrality.

Founders' diverse views. Many founders, including Washington and Adams, were not conventionally religious; Washington was likely a deist, and Adams became a Unitarian, rejecting the Trinity. They preferred generic references to "divine providence" to accommodate the nation's religious diversity without favoring any specific faith. Adams's declaration of national fast days, for instance, caused riots and alienated various religious groups, contributing to his electoral defeat.

Rejecting "Christian nation" arguments. Christian nationalists often attempt to explain away Article 11, but the plain meaning of the text, supported by principles like Occam's Razor and Common Sense Realism, remains clear. The absence of similar language in the 1805 treaty is likely because Jefferson believed the First Amendment had already settled the matter of the nation's non-Christian origins.

5. Disestablishment's Surprising Success: Connecticut's Example

Disestablishment, Beecher added, was “the best thing that ever happened to the State of Connecticut. It cut the churches loose from dependence on state support. It threw them wholly on their own resources and on God.”

Lingering establishments. Despite the First Amendment's ratification in 1791, its provisions did not immediately apply to the states. Connecticut and Massachusetts, for example, maintained their Congregationalist religious establishments well into the 19th century. The Danbury Baptists, who wrote to President Jefferson, were among the "dissenters" in Connecticut who chafed under the established church's preferential status and taxation.

Beecher's transformation. Lyman Beecher, a prominent Congregationalist pastor in Litchfield, Connecticut, initially lamented the prospect of disestablishment in 1818, fearing a loss of morality and social order. However, after the referendum for a new constitution passed, severing state support for the Congregational Church, Beecher witnessed a surge in religious revivals. He famously reversed his stance, declaring disestablishment "the best thing that ever happened" to the state, as it forced churches to rely on their own resources and God.

Benefits of the religious marketplace. Connecticut's experience vividly demonstrated the power of the religious marketplace envisioned by the First Amendment. With no single denomination enjoying state favor, all religious groups were compelled to compete for funds and followers. This competition led to:

• Increased demand for clergy and higher salaries.
• A significant rise in church membership.
• Overall energy and dynamism in religious life.
  The success in Connecticut and later Massachusetts proved that religious vitality could thrive without state support.

6. The Enduring Push for a "Christian Nation"

The general aspect of your movement I cordially approve. In regard to particulars I must ask time to deliberate, as the work of amending the Constitution should not be done hastily.

Constitutional omission. The absence of any direct acknowledgment of God in the U.S. Constitution has historically troubled those who advocate for a "Christian nation." During the Civil War, the Confederacy explicitly invoked "Almighty God" in its constitution, prompting Northern Protestants to form the National Association to Secure the Religious Amendment of the Constitution. This group proposed an amendment to declare the U.S. a "Christian government" and acknowledge "the Lord Jesus Christ as the Ruler among the nations."

Lincoln's caution. When presented with this proposal, President Abraham Lincoln, while expressing general approval for the "movement," wisely temporized, stating that "the work of amending the Constitution should not be done hastily." Despite influential supporters and widespread petitions, the proposed amendment never came to a vote, thanks in part to strong opposition from diverse groups, including Unitarians and Roman Catholics, who defended religious liberty.

Cold War Christianization. The mid-20th century saw another wave of efforts to infuse religion into national symbols, fueled by Cold War fears of "godless communists." This era witnessed:

• The addition of "under God" to the Pledge of Allegiance in 1954.
• The designation of "In God We Trust" as the national motto in 1956.
• The inscription of "In God We Trust" on national currency in 1957.
  These incremental measures, though not constitutional amendments, aimed to blur the line between church and state, reflecting a persistent desire to officially designate the U.S. as a Christian nation.

7. School Wars: Public Funds and Sectarian Education

Can we, without violating the Constitution, appropriate any public funds to the support of those schools or institutions in which children are taught the doctrines and tenets of religious sectarianism?

A historical battleground. Schools have long been a flashpoint in church-state debates. Early common schools, while ostensibly public, often had a Protestant-inflected curriculum, leading to "school wars" in cities like New York and Philadelphia. Catholic communities, facing what Archbishop John Hughes called "double taxation" (paying for public schools with Protestant bias and their own parochial schools), began to clamor for public funding for their sectarian institutions.

Blaine's legislative response. In response to these pressures, James G. Blaine, a Republican leader, proposed a constitutional amendment in 1875 to explicitly prohibit public financing for religious schools. Though his federal "Blaine amendment" failed to secure the necessary two-thirds majority in the Senate, many states subsequently adopted their own versions, establishing stringent prohibitions against using taxpayer funds for sectarian education.

Modern challenges to Blaine. In recent decades, advocates for school vouchers have sought to nullify these state-level Blaine amendments. While the Supreme Court initially upheld a state's right to refuse funding for sectarian education in Locke v. Davey (2004), its conservative majority reversed course in Espinoza v. Montana Department of Revenue (2020). This decision significantly weakened the establishment clause, opening the door for public funding of private, including religious, schools across the country, thereby eroding a long-standing principle of church-state separation.

8. The Johnson Amendment: Safeguarding Non-Profits from Partisan Politics

All section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.

A strategic origin. The Johnson Amendment, passed in 1954, originated from Lyndon Johnson's personal political struggle. Facing a tough reelection campaign, Johnson, then a senator, sought to curb the influence of tax-exempt organizations like Facts Forum and the Committee for Constitutional Government, which were using their non-profit status to launch McCarthy-like attacks against him. He proposed an addition to the tax code prohibiting such organizations from engaging in partisan political endorsements.

A fair exchange. The amendment, which passed Congress without debate, ensures that taxpayers do not subsidize partisan politicking. Tax exemption is a form of public subsidy, as religious and other non-profit organizations benefit from municipal services (police, fire, roads) without paying property taxes. The Johnson Amendment simply requires that, in exchange for this subsidy, beneficiaries refrain from endorsing or opposing political candidates.

Protecting faith's integrity. While leaders of the Religious Right argue the Johnson Amendment infringes on religious freedom and free speech, the author contends this is a "strained interpretation." Pastors and religious entities are free to make political endorsements, but they must first renounce their tax-exempt status. The amendment reinforces the "wall of separation," echoing Roger Williams's concern that entanglement with politics compromises the integrity of faith, a lesson particularly relevant in an age of "dark money" in campaigns.

9. School Prayer Rulings: Defining Government's Role in Religion

It is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government.

Landmark decisions. In 1962, the Supreme Court's decision in Engel v. Vitale ruled that prescribed prayer in public schools, such as New York's Regents Prayer, violated the establishment clause of the First Amendment. The following year, Abington School District v. Schempp extended this prohibition to school-sponsored Bible reading. These rulings clarified that while individuals are free to pray or read the Bible, the government cannot mandate or compose such religious activities in public settings.

Public outrage and JFK's response. Both decisions sparked widespread public outrage, with many Americans believing the Court had "kicked God out of the schools." Segregationist politicians even linked the rulings to the Brown v. Board of Education decision. John F. Kennedy, the nation's first Catholic president, navigated this controversy by emphasizing respect for the law and clarifying that the Court outlawed prescribed prayer, not prayer itself. He encouraged Americans to pray more at home and attend church with greater fidelity.

Protecting faith from trivialization. The Court's decisions, despite the protests, ultimately served to protect the integrity of faith. By preventing compulsory, state-mandated religious demonstrations, they ensured that piety remained a voluntary, deeply personal act rather than a fetishized or trivialized government program. As a federal court noted, students could still say prayers "before 9 A.M. and after 3 P.M.," underscoring that the rulings targeted government coercion, not individual religious expression.

10. The Baptist Legacy: From Soul Liberty to Majoritarianism

A Baptist would rise at midnight to plead for absolute religious liberty, for his Catholic neighbor, and for his Jewish neighbor, and for everybody else.

The principle of "soul liberty." Historically, Baptists, having experienced persecution themselves, were staunch defenders of "soul liberty"—the absolute right of every individual to worship God (or not) according to their conscience, free from state coercion. Roger Williams, the founder of the Baptist tradition in America, established Rhode Island as a haven of toleration, warning that state interference would compromise faith's integrity. Isaac Backus, an 18th-century Baptist, similarly championed religious liberty against Massachusetts's Congregationalist establishment.

Truett's eloquent defense. In 1920, George Washington Truett, pastor of First Baptist Church in Dallas, delivered a powerful address on the steps of the U.S. Capitol, declaring religious liberty "the chiefest contribution that America has thus far made to civilization" and "pre-eminently a Baptist achievement." He insisted that faith must be voluntary and uncoerced, and that Baptists, true to their convictions, would defend the religious liberty of all, including their Catholic and Jewish neighbors.

A troubling shift. This historic Baptist commitment to church-state separation and minority rights underwent a dramatic reversal with the conservative takeover of the Southern Baptist Convention in 1979. The denomination, adopting a majoritarian ethic, abandoned its role as "watchman on the wall," instead advocating for state support of religious schools, religiously informed legislation, and the display of religious symbols in public spaces. W. A. Criswell, a prominent Southern Baptist pastor, famously shifted from defending separation to calling it "the figment of some infidel’s imagination," illustrating this profound departure from foundational Baptist principles.

11. "Religious Freedom" Reimagined: A Shield for Discrimination

Religious freedom, for Jones and his university, meant freedom to discriminate—at taxpayer expense.

From majority to victim. The Religious Right, emerging in the mid-1970s, dramatically shifted its rhetorical strategy. Previously, evangelicals used majoritarian arguments to advocate for public prayer. However, they soon adopted the posture of an "embattled minority," claiming their religious freedom was under assault. This rhetoric of victimization, despite evangelicals' significant political influence, has since been used to rally support for various causes.

Origins in segregation. The true catalyst for the Religious Right's political mobilization was not abortion, but rather the defense of racial segregation in evangelical institutions. In the 1970s, the IRS began revoking tax-exempt status from "segregation academies" like Jerry Falwell's school and Bob Jones University, following the Green v. Connally (1971) ruling. Conservative activist Paul Weyrich explicitly stated that the IRS's actions against Christian schools "more than any single act brought the fundamentalists and evangelicals into the political process."

A new battle cry. Weyrich skillfully reframed the defense of discriminatory practices as a fight for "religious liberty," conveniently overlooking that tax exemption is a public subsidy. This allowed leaders like Bob Jones III to decry the Supreme Court's decision against his university as an attack on "American liberties" and religious freedom. This redefinition of "religious freedom" has since been deployed to justify denying business services to same-sex couples (Masterpiece Cakeshop) and health insurance coverage for contraception (Hobby Lobby), finding a sympathetic audience in an increasingly conservative Supreme Court.

12. Christian Nationalism: A Threat to American Ideals

The government of the United States of America is not in any sense founded on the Christian Religion.

A persistent, false narrative. Christian nationalism, the assertion that the U.S. is and always has been a Christian nation, is a recurring theme in American history, often amplified during perceived crises. Modern proponents, like "faux historian" David Barton, propagate demonstrably false claims that the founders were evangelical Christians and that the nation was explicitly founded on Christian principles, despite overwhelming historical evidence to the contrary.

Historical and legal refutation. The argument for Christian nationalism falters on multiple fronts:

• First Amendment: Explicitly prohibits religious establishment, a principle affirmed by Jefferson's "wall of separation" metaphor and Madison's successful fight against a Christian establishment in Virginia.
• Founders' Faith: Many founders were deists or Unitarians, not evangelical Christians. John Adams rejected the divinity of Jesus, and Jefferson famously edited the New Testament to remove miracles.
• Treaty of Tripoli: Unanimously ratified by the Senate in 1797, Article 11 unequivocally states, "The government of the United States of America is not in any sense founded on the Christian religion."

The irony and the danger. The greatest irony is that the First Amendment's separation of church and state has been the "best thing that ever happened to religion in America," fostering a vibrant, competitive religious marketplace where evangelicals have particularly flourished. Christian nationalism, however, seeks to breach this wall, imposing a majoritarian vision that contradicts the founders' intent to protect minorities and cherish dissent. Jesus's own declaration, "My kingdom is not of this world," and St. Paul's instruction to be subordinate to civil authorities, further undermine its theological claims. This movement, fueled by a rhetoric of victimization and nostalgia, ultimately threatens the core American ideal of religious freedom for all.