Religious Liberty and the Founding Fathers

1990 ◽  
Vol 2 (1) ◽  
pp. 87-102
Author(s):  
Daniel W. Hollis ◽  
Keyword(s):  
United States ◽  
Seventeenth Century ◽  
Civil Liberties ◽  
The United States ◽  
The State ◽  
Natural Rights ◽  
Religious Liberty ◽  
United States Constitution ◽  
Founding Fathers ◽  
The People

This essay traces the development of the idea of religious liberty from its origins among the "Commonwealthmen" in seventeenth-century England to its embodiment in the United States Constitution. The Commonwealthmen believed that the theory of natural law-natural rights guaranteed civil liberties, including religious liberty, and that these natural rights should be protected by the state. The Commonwealthmen also believed in a fundamental constitution derived from the people rather than the state, and the concept of individual sovereignty.

Democracy and Excellence: Concord or Conflict?

2007 ◽  
Vol 40 (2) ◽  
pp. 535-537
Author(s):  
Laura Stephenson
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Class Structure ◽  
The People ◽  
Democratic Societies ◽  
The Relationship

Democracy and Excellence: Concord or Conflict?, Joseph Romance and Neil Reimer, eds., Westport CN: Praeger, 2005, 166, pp. xiv.This volume is the product of a question, asked by Neal Reimer, about the relationship between democracy and excellence. Reimer provides background for this relationship in the first chapter, noting that it can be framed as government by the people versus standards of the good, true and beautiful. Conflict can arise between the two ideas because democracy prioritizes equality of citizens—but excellence depends upon the recognition of differentiating merit. While democracy provides citizens freedom from a limiting class structure, the lack of structure can make citizens indifferent to pursuing a noble vision of the state. Reimer argues, however, that there is a fundamental harmony between democracy and excellence and that examples of excellence in democratic societies (such as the United States) are many. It is possible and likely that democratic societies will attain excellence in practice.

Secularism and US Religion Jurisprudence

2017 ◽  
Author(s):  
Caroline Corbin
Keyword(s):  
United States ◽  
Religious Freedom ◽  
Church And State ◽  
The United States ◽  
The State ◽  
Religious Liberty ◽  
Establishment Clause ◽  
Free Exercise ◽  
Free Exercise Clause ◽  
Constitutional Jurisprudence

Religious surveys are finding greater percentages of Americans who self-identify as secular. At the same time, religious exemptions under the Free Exercise Clause have become more difficult to obtain. However, religion jurisprudence in the United States has not become more secular for two reasons. First, this greater unwillingness to grant constitutional exemptions reflects a shift in constitutional jurisprudence from “separationism” to “neutrality.” Rather than building a wall between church and state, the Establishment Clause is now interpreted to impose fewer restraints on state-sponsored religion. Second, statutes like the federal Religious Freedom Restoration Act and its state counterparts have not only reestablished separationist era levels of protection for religious liberty but increased them. The result is a religion jurisprudence where religion is accommodated more than ever, while the state has more leeway to advance religion. This combination has unfortunate consequences for both secular people and core secular values, such as antidiscrimination.

Education for Sovereign People

2019 ◽  
pp. 164-185
Author(s):  
Peggy Cooper Davis
Keyword(s):  
United States ◽  
Civil War ◽  
Democratic Republic ◽  
The United States ◽  
United States Constitution ◽  
Right To Education ◽  
The People ◽  
Personal Rights ◽  
History Of

In chapter 6, Peggy Cooper Davis notes that in a democratic republic, the people are sovereign and must be free and educated to exercise that sovereignty. She contends that the history of chattel slavery’s denial of human sovereignty in the United States, slavery’s overthrow in the Civil War, and the Constitution’s reconstruction to restore human sovereignty provide a basis for recognizing that the personal rights protected by the United States Constitution, as amended on the demise of slavery, include a fundamental right to education that is adequate to enable every person to participate meaningfully as one among equal and sovereign people.

1. Words, images, meanings

2015 ◽  
pp. 1-6
Author(s):  
R. B. Bernstein
Keyword(s):  
United States ◽  
The United States ◽  
United States Constitution ◽  
Benjamin Franklin ◽  
Alexander Hamilton ◽  
James Madison ◽  
George Washington ◽  
John Adams ◽  
Founding Fathers ◽  
Continental Congress

The phrase “founding fathers” is central to how Americans talk about politics, and “Words, images, meanings” describes when the phrase was first coined, what it really means, and how artists have depicted the “founding fathers”—those who helped to found the United States as a nation and a political experiment. This group has two subsets. First are the Signers, delegates to the Second Continental Congress, who in July 1776 declared American independence and signed the Declaration of Independence. Second are the Framers, the delegates to the Federal Convention who in 1787 framed the United States Constitution. They include Benjamin Franklin, George Washington, John Adams, Thomas Jefferson, John Jay, James Madison, and Alexander Hamilton.

American Democracy Reconsidered: Part I

1973 ◽  
Vol 3 (1) ◽  
pp. 1-28 ◽  
Author(s):  
L. J. Sharpe
Keyword(s):  
United States ◽  
The United States ◽  
National Government ◽  
The State ◽  
City Government ◽  
State Governments ◽  
American Democracy ◽  
The People ◽  
The Government ◽  
The One

In his celebrated study of American democracy written in 1888, Lord Bryce reserved his most condemnatory reflections for city government and in a muchquoted passage asserted: ‘There is no denying that the government of cities is the one conspicuous failure of the United States. The deficiencies of the National government tell but little for evil on the welfare of the people. The faults of the State governments are insignificant compared with the extravagance, corruption and mismanagement which mark the administration of most of the great cities'sangeetha.

The Voice of Paranoia: Norman Mailer's The Executioner's Song

Prospects ◽  
1992 ◽  
Vol 17 ◽  
pp. 459-473
Author(s):  
Patrick O'Donnell
Keyword(s):  
United States ◽  
Civil Liberties ◽  
The United States ◽  
Early Morning ◽  
The State ◽  
Armed Robbery ◽  
Firing Squad ◽  
Public Execution ◽  
American Civil Liberties Union ◽  
The Voice

The facts are these: some time on the early morning of July 20, 1976, Gary Gilmore, barely three months after his release from a twelveyear sentence for armed robbery served in the federal penitentiary at Marion, Illinois, drove into a gas station in Provo, Utah, robbed Max Jensen, the station attendant, and demanded that he lie facedown on the ground. Gilmore then fired twice into Jensen's head at point-blank range with an automatic pistol; Jensen died immediately. In the evening, fourteen or fifteen hours after the first murder, Gilmore drove into a motel situated next door to the house of his relatives, Vern and Ida Damico, who had given Gilmore refuge and found him a job upon his release from prison. Gilmore demanded money from Benny Bushnell, the owner of the motel, asked him to lie face-down on the floor, and then pumped one bullet into his head; Gilmore had intended to shoot him twice, but his gun jammed, and it was several hours before Bushnell would die of his wounds. One day later, Gilmore was arrested for the murder of Benny Bushnell. He was tried and found guilty of murder in the first degree and sentenced to death: his choice of death was by firing squad. Though his mother and the American Civil Liberties Union attempted to block the execution, Gilmore demanded that the state of Utah carry out the sentence. On January 17, 1977, he was shot to death by a team of four handpicked riflemen, in the first public execution to have taken place in the United States in over a decade.

scholarly journals The Contribution of the Religion of the Colonial Period to the Ideals and Life of the United States

1958 ◽  
Vol 14 (4) ◽  
pp. 340-355 ◽  
Author(s):  
Kenneth Scott Latourette
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
New Order ◽  
Founding Fathers ◽  
The Arts ◽  
The People ◽  
History Of ◽  
The Republic ◽  
New Nation

The Great Seal of the United States, designed in the early days of the Republic, has on it symbolism whose significance is often overlooked. On one side is an eagle which grasps with one talon a branch and with the other a sheaf of arrows. Above its head are “E Pluribus Unum” and thirteen stars for the original states bound together in one nation. The other side has on it an unfinished pyramid. The foundation bears the number MDCCLXXVI. Above the pyramid is the eye of God flanked by the words “Annuit Coeptis,” namely, “He smiles on the undertakings.” Underneath is the phrase “Novus Ordo Seculorum,” meaning “New Order of the Ages.” Here succinctly is the vision which inspired the founding fathers of the new nation. The thirteen colonies had become one, prepared to face together the exigencies of the future, whether for preservation in self-defense or for cooperation in the arts of peace. Here was an attempt at building something novel in the history of mankind—a new and ordered structure. That structure, as yet incomplete, was based upon the Declaration of Independence, with its best-remembered phrases: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness—that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” Here is “the American dream.” As “four score and seven years” later Abraham Lincoln even more briefly described it, the new nation was “conceived in liberty and dedicated to the proposition that all men are created equal” and its success or failure was a test whether “government of the people, by the people, for the people” could “long endure.” To that dream faith in God, in His creative activity, and in His sovereignty was basic.

The Federal Common Law of Crime

1986 ◽  
Vol 4 (2) ◽  
pp. 267-323 ◽  
Author(s):  
Robert C. Palmer
Keyword(s):  
United States ◽  
Federal Government ◽  
Common Law ◽  
The United States ◽  
National Government ◽  
United States Constitution ◽  
Federal System ◽  
Bill Of Rights ◽  
Original Intent ◽  
The People

The United States Constitution established a federal system, not a national government. States continued necessarily and by design as active and important centers of governmental activity. States were institutions of inherent authority, while the federal government by original intent and then explicitly by amendment, was a government of only delegated powers. Since the federal government derived its power directly from the people and acted directly on individuals, it was decisively more powerful than the pre-Constitution Confederation. But the Bill of Rights itself is evidence of the continued worry, pervasive until modified by the Reconstruction Amendments, that the federal government might, but should not, overwhelm the states.

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