About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

4 Am. Pol. Thought 1 (2015)

handle is hein.journals/ampolth4 and id is 1 raw text is: Church and State in the Founding-Era State Constitutions VINCENT PHILLIP MUNOZ ABSTRACT An enormous effort has been dedicated to uncovering the original meaning of the First Amendment's Religion Clauses, but, surprisingly, little research has been directed to ward the founding era state constitutions on church and state. This article aims to open a field of inquiry by making the church state provisions of the founding era state con stitutions more accessible. It begins with a consideration of the distinction between the state declarations of rights and the state constitutions and the interpretive challenge this distinction poses. I then identify, categorize, and interpret the relevant church state pro visions of the founding era state declarations of rights and constitutions. The article concludes with a discussion of how a deeper knowledge of the founding era state church state provisions might shed light on the original meaning of the First Amendment's Re ligion Clauses, and it reveals the probable errors of particular originalist arguments made by leading scholars and Supreme Court justices. An enormous effort has been dedicated to uncovering the original meaning of the First Amendment's Religion Clauses. Scholars have exhaustively investi- gated the original meaning of the text (e.g., McConnell 1990b; Hamburger 1992; Smith 1995; Feldman 2005, 19-56; Drakeman 2010; Green 2010, 15- 80), its drafting in the First Congress (e.g., Laycock 1986; Levy 1986, 75-89; Muiioz 2006, 2008; Greenawalt 2008, 18-39; West 2011), and the church- state political thought of the individuals more or less responsible for it, espe- cially Madison and Jefferson (e.g., Kessler 1983; Dreisbach 2002; Muiioz Vincent Phillip Mufioz is Tocqueville associate professor of political science and concurrent associate professor of law, University of Notre Dame, Department of Political Science, 217 O'Shaughnessy Hall, Notre Dame, IN 46556 (vmunoz@nd.edu). The author would like to thank the following individuals for their helpful criticisms and suggestions to drafts of this article: Peri Arnold, Don Drakeman, Daniel Dreisbach, John Dinan, Matthew Frank, Rick Garnett, Mark Hall, Diana Judd, Geoff Laymann, Kathryn Mims, Matthew Shapanka, Jennifer Smith, and Michael Zuckert. American Political Thought: A Journal of Ideas, Institutions, and Culture, vol. 4 (Winter 2015). 2161-1580/2015/0401-0001$10.00. © 2015 by The Jack Miller Center. All rights reserved.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most