by David Barton
31. Will C. Wood, Five Problems of State and Religion (Boston: Henry Hoyt, 1877), 92.
32. Galloway, Christianity and the American Commonwealth, 143.
33. William Cathcart, Baptist Patriots in the American Revolution (Philadelphia: S. A. George & Co., 1876), 12–18; Isaac Backus, A History of New England, with Particular Reference to the Denomination of Christians Called Baptists, vol. 2 (Newton, MA: Backus Historical Society, 1871), 97–98; George Bancroft, A History of the United States of America, vol. 1 (Boston: Little, Brown, and Company, 1858), 449–450; Sanford Hoadley Cobb, The Rise of Religious Liberty in America Republicanism in Jefferson’s Virginia (New York: MacMillan, 1902), 112; etc.
34. See James Madison, Debates on the Adoption of the Federal Constitution. In the Convention Held at Philadelphia in 1787, ed. Jonathan Elliot, vol. 5 (Washington, DC: Printed for the Editor, 1845), 564–565; Benson J. Lossing, “Constitutional Convention: The Names of the Delegates to the Convention Which Met at Philadelphia in May, 1787 to Frame a New Constitution,” in Biographical Sketches of the Signers of the Declaration of American Independence (New York: J. C. Derby, 1854), 383–384; “Delegates to the Constitutional Convention,” National Archives, accessed July 11, 2011, http://www.archives.gov/exhibits/charters/constitution_founding_fathers.html.
35. See John Eidsmoe, Christianity and the Constitution (Michigan: Baker Book House, 1987), 353. Eidsmoe compiled the figures from a dissertation by James Hutchinson Smylie, American Clergyman and the Constitution of the United States of America (Princeton: 1954).
36. B. L. Rayner, Life of Thomas Jefferson (Boston: Lilly, Wait, Colman, & Holden, 1834), 113–119; Henry S. Randall, The Life of Thomas Jefferson, vol. 1 (New York: Derby & Jackson, 1858), 203; John T. Morse, Jr., Thomas Jefferson (Boston: Houghton, Mifflin and Company, 1898), 41; Samuel M. Schmucker, The Life of Thomas Jefferson (New York: A. L. Burt Company, 1903), 67–71. See also Thomas Jefferson, “A Declaration by the Representatives of the United States of America, in General Congress Assembled,” in The Works of Thomas Jefferson, ed. Paul Leicester Ford, vol. 1 (New York: G. P. Putnam’s Sons, 1904), 61–64.
37. See, for example, Thomas Jefferson, “Thomas Jefferson Papers,” Library of Congress, accessed October 25, 2011, http://hdl.loc.gov/loc.mss/mtj.mtjbib018945; Thomas Jefferson, “Thomas Jefferson Papers,” Library of Congress, accessed October 25, 2011, http://hdl.loc.gov/loc.mss/mtj.mtjbib019174; Thomas Jefferson, The Papers of Thomas Jefferson Retirement Series, ed. J. Jefferson Looney, vol. 1 (Princeton: Princeton University Press, 2004), 63; etc.
38. Thomas Jefferson, The Papers of Thomas Jefferson, ed. Barbara B. Oberg, vol. 35 (Princeton: Princeton University Press, 2008), 407–408.
39. Ibid., 408.
40. Jonathan Elliot, ed., “Kentucky Resolutions of 1798 and 1799 [The Original Draft Prepared by Thomas Jefferson],”Debate in the Several State Conventions, on the Adoption of the Federal Constitution, as Recommended by the General Convention at Philadelphia in 1787, vol. 4 (Washington, DC: Printed for the Editor, 1836), 540.
41. James D. Richardson, “Second Inaugural Address,” in A Compilation of the Messages and Papers of the Presidents, 1789–1897, vol. 1 (Washington, DC: Published by the Authority of Congress, 1899), 379.
42. Jefferson, The Writings of Thomas Jefferson, ed. Lipscomb, 16:325.
43. Ibid., 16:281–282
44. James L. Adams, Yankee Doodle Went to Church: The Righteous Revolution of 1776 (Old Tappan, NJ: Fleming H. Revell Company, 1989), 12–13.
45. Reynolds v. U.S., 98 U.S. 145, 162–164 (1878).
46. Reynolds v.U.S., 98 U.S. 145, 164 (1878).
47. Reynolds v.U.S., 98 U.S. 145, 163 (1878).
48. See Commonwealth v. Nesbit, 84 Pa. 398 (Pa. Sup. Ct. 1859); Lindenmuller v. People, 33 Barb 548 (Sup. Ct. N.Y. 1861); and others.
49. Everson v.Bd. of Educ. 330 U.S. 1, 18 (1947).
50. McCollum v.Bd. of Educ. 333 U.S. 203, 212 (1948).
51. McCollum v.Bd. of Educ. 333 U.S. 203, 207–209 (1948).
52. Doe v. Santa Fe Indep. Sch., 530 U.S. 290 (1999).
53. Graham v. C. Cmty. Sch. Dis.t of Decatur County, 608 F. Supp. 531 (D. Iowa 1985); Kay v. Douglas Sch. Dist., 719 P.2d 875 (Or. App. 1986); Lee v. Weisman, 505 U.S. 577 (1992); Gearon v. Loudon County Sch. Bd., 844 F. Supp. 1097 (E.D. Va. 1993); Deveney v. Bd. of Educ., Kanawha County, 231 F. Supp. 2d 483 (S.D. W. Va. 2002).
54. Chandler v. James, 180 F.3d 1254 (11th Cir. 1999); Doe v.Santa Fe Indep. Sch., 530 U.S. 290 (1999).
55. Patrick Buchanan, “The de-Christianization of VMI,” World Net Daily, January 29, 2002, accessed October 25, 2011, http://www.wnd.com/index.php?pageId=12556.
56. Doug Huntington, “Graduation Choir Wants to Sing ‘Lord’s Prayer’ in Honor of Deceased,” Christian Post, May 28, 2007, accessed October 25, 2011, http://www.christianpost.com/news/graduation-choir-wants-to-sing-lords-prayer-in-honor-of-deceased-27653/.
57. Roberts v. Madigan, 921 F.2d 1047, 59 USLW 2415, 19 Fed.R.Serv.3d 530, 64 Ed. Law Rep. 1038 (1989).
58. Brittney Kaye Settle v. Dickson County Sch.Bd., 53 F. 3d 152 (6th Cir. 1995).
59. Cicely Gosier, “Student Penalized Over Religious Artwork,” Christian Broadcast Network, April 6, 2008, accessed October 25, 2011, http://www.cbn.com/cbnnews/us/2008/April/Student-Penalized-Over-Religious-Artwork/.
60. “Student Files Suit to Defend His Right to Bring Bible to School,” Standard News Wire, accessed June 29, 2011, http://www.standardnewswire.com/news/224236110.html; Harvey Rice, “Suit Claims Students Not Allowed to Carry Bibles,” Houston Chronicle, May 23, 2000, accessed October 25, 2011, http://www.chron.com/CDA/archives/archive.mpl?id=2000_3216815.
61. Conrad deFiebre, “Suit Claims Man’s Religious Freedom Is Being Thwarted; A Revenue Employee Says He’s Not Allowed to Display Signs on His Car or Cubicle,” Star Tribune [Minneapolis], July 2, 2004.
62. Broadus v. Saratoga Springs City Sch. Dist., 02-cv-0136 (N.D.N.Y. 2002); Ellen Sorokin, “Deal Reached on Praying Toddler,” Washington Times, June 12, 2002.
63. Diane Lynne, “Petition Posted to Defend ‘God Bless America!’” World Net Daily, January 31, 2003, accessed October 25, 2011, http://www.wnd.com/?pageId=16879; “‘God Bless’ Spells Trouble for Guardsman,” World Net Daily, August 22, 2003, accessed October 25, 2011, http://www.wnd.com/news/article.asp?ARTICLE_ID=34213.
64. “Seniors Sue After City Stifles Sermons at Community Center,” Associated Press, October 31, 2003, accessed October 25, 2011, http://www.firstamendmentcenter.org/seniors-sue-after-city-stifles-sermons-at-community-center; Terry Eastland, “Understanding the First Amendment,” Weekly Standard, January 15, 2004, accessed October 25, 2011, http://www.weeklystandard.com/Content/Public/Articles/000/000/003/599kpgpv.asp; “Dallas Suburb, Senior Citizens Settle Religious-Rights Case,” Associated Press, January 9, 2004, accessed October 25, 2011, http://www.firstamendmentcenter.org/dallas-suburb-senior-citizens-settle-religious-rights-case; Robert Longley, “Texas Seniors Win Religious Speech Battle,” About.com, accessed May 16, 2011, http://usgovinfo.about.com/cs/usconstitution/a/seniorswin.htm; issue decided in J. B. Barton et al. v. City of Balch Springs et al., No. 3:03-CV-2258-G (N.D. Tex. 2004).
65. Draper v. Logan County Pub.Lib., 403 F. Supp. 2d 608 (W.D. Ky. Aug. 29, 2003).
66. Carrie Antlfinger, “UW-Eau Claire Is Reviewing Legalities of Bible Study Ban,” Associated Press, November 3, 2005, accessed October 25, 2011, http://thefire.org/article/6399.html; Michael Gendall, “Campus Dorm Policy Under Review,” Badger Herald, November 10, 2005, accessed October 25, 2011, http://badgerherald.com/news/2005/11/10/campus_dorm_policy_u.php; settled in Steiger v. Lord-Larson, No. 05-C-0700-S (W.D. Wis. Mar. 2006).
67. Susan Jones, “‘Jesus Christ’ Sweatshirt Ends Up Offending Everyone,” Cybercast News Service, March 6, 2001, accessed October 25, 2011, http://www.christianity.com/news/religiontoday/525160/.
68. Laurie Goodstein, “Disciplining of Student Is Defended; Gingrich Said Prayer Brought Punishment,
” Washington Post, December 6, 1994.
69. The following cases and articles detail the facts surrounding the refusal of officials to permit handing out religious literature or preaching on public sidewalks: Colston v. Crowley Indep. Sch. Dist., No. 4:06-CV-00097 (N.D. Tex. June 20, 2006); Hodges v.City of Lebanon, No. 1:03-cv-00596 (S.D. Ind. 2003); Parks v. Finan, 385 F.3d 694 (6th Cir. 2004); Baumann v.City of Cumming, 2:07-CV-0095 (N.D. Ga. Feb. 27, 2008); and Pulver v. City of Hastings, 4:07-cv-03006 (D. Neb. Feb. 4, 2008); “Blind Justice: Free Speech Prohibited on Sidewalk Outside Calif. Courthouse,” Alliance Defense Fund, February 9, 2010, accessed October 25, 2011, http://www.adfmedia.org/News/PRDetail/3731; “Christian Arrested for Reading the Bible in Public,” Christian Newswire, February 2, 2011, accessed October 25, 2011, www.christiannewswire.com/news/8717116846.html; “Black Preacher Arrested for Preaching on Public Right of Way,” Christian Newswire, July 17, 2011, accessed October 25, 2011, http://www.christiannewswire.com/news/2704114444.html; Andrea Phillips, “Religious Freedom Sought in Public School,” Worldwide Religious News, August 27, 2011, accessed October 25, 2011, http://wwrn.org/articles/4074/?§ion=church-state; “One Man Is Not a Parade,” Alliance Defense Fund, accessed May 26, 2011, http://www.alliancedefensefund.org/Home/ADFContent?cid=4213; Bob Unruh, “Mall to Christians: God Talk Banned,” World Net Daily, January 30, 2010, accessed October 25, 2011, http://www.wnd.com/?pageId=123535; “Men Jailed for Being on the Public Sidewalk,” World Net Daily, February 8, 2007, accessed October 25, 2011, http://www.wnd.com/?pageId=40073; “Pennsylvania Christians Face 47 Years in Prison for Reading Bible in Public,” About.com, January 2005, accessed October 25, 2011, http://urbanlegends.about.com/library/bl_christians_arrested.htm; Elizabeth O’Brien, “Christian Minister Arrested for Praying Near Gay Fest,” Life Site News, July 10, 2007, accessed October 25, 2011, http://www.lifesitenews.com/news/archive/ldn/2007/jul/07071001; Jack Minor, “Kansas Pastor Arrested for Gospel Tracts at Mosque,” Greeley Gazette, November 30, 2010, accessed October 25, 2011, http://www.greeleygazette.com/press/?p=6893; Bob Unruh, “Praying in Park Puts Man in Jail for 9 Days,” World Net Daily, March 24, 2010, accessed October 25, 2011, http://www.wnd.com/?pageId=131521; Lori Arnold, “Calif. Pastor Arrested for Reading Bible in Public,” Christian Examiner Online, May 2011, accessed October 25, 2011, http://www.christianexaminer.com/Articles/Articles%20May11/Art_May11_23.html; Jack Minor, “Kansas Pastor Arrested for Gospel Tracts at Mosque,” Greeley Gazette, November 30, 2010, accessed October 25, 2011, www.greeleygazette.com/press/?p=6893; “Four Christians Arrested Outside Arab Festival,” Christian Examiner Online, June 2010, accessed October 25, 2011, http://www.christianexaminer.com/Articles/Articles%20Jul10/Art_Jul10_01.html; etc.
70. For more examples, see the author’s book Original Intent: The Courts, the Constitution, and Religion (Aledo: WallBuilder Press, 2011), 13–21. See also “Get Resources,” Alliance Defense Fund, accessed October 25, 2011, http://www.alliancedefensefund.org/About/Detail/4236); “Press Releases,” American Center for Law and Justice, accessed October 25, 2011, http://aclj.org/press-releases; “Newsletter Archive,” Christian Law Associates, accessed October 25, 2011, www.christianlaw.org/cla/index.php/articles/; “Press Release Archives,” Liberty Counsel, accessed October 25, 2011, http://www.lc.org/index.cfm?pid=14099; “Issues,” Liberty Legal Institute, accessed October 25, 2011, http://www.libertylegal.org/issues_main.php; “Resources,” The National Legal Foundation, accessed October 25, 2011, http://www.nlf.net/Resources/literature/Literature.htm; “Legal Battles,” Pacific Justice Institute, accessed October 25, 2011, www.pacificjustice.org/news; “Legal Landmines,” Religious Organization Legal Defense Association, accessed October 25, 2011, http://www.sharpefirm.com/rolda/landmines.html; “Press Room,” Thomas More Law Center, accessed October 25, 2011, http://www.thomasmore.org/qry/page.taf?id=20; etc.
71. Thomas Jefferson, “Notice of Fast to the Inhabitants of the Parish of Saint Anne,” in The Works of Thomas Jefferson, ed. Paul Ford, vol. 2 (New York: G. P. Putnam’s Sons, 1904), 42.
72. Jefferson, “Resolution of the House of Burgesses Designating a Day of Fasting and Prayer,” in The Papers of Thomas Jefferson, ed. Boyd, 1:105–106.
73. Jefferson, The Papers of Thomas Jefferson, ed. Boyd, 1:116.
74. Ibid., 1:117n.
75. Jefferson, “Report on a Seal for the United States, with Related Papers,” in The Papers of Thomas Jefferson, ed. Boyd, vol. 1. See also John Adams, Letters of John Adams, ed. Charles Francis Adams, vol. 1 (Boston: Charles C. Little and James Brown, 1841), 152.
76. Jefferson, “A Bill for Punishing Disturbers of Religious Worship and Sabbath Breakers,” in The Papers of Thomas Jefferson, ed. Boyd, 2:555.
77. Jefferson, “A Bill for Appointing Days of Public Fasting and Thanksgiving,” in The Papers of Thomas Jefferson, ed. Boyd, 2:555.
78. Jefferson, “A Bill Annulling the Marriages Prohibited by the Levitical Law, and Appointing the Mode of Solemnizing Lawful Marriage,” in The Papers of Thomas Jefferson, ed. Boyd, 1:556.
79. Jefferson, “A Bill for Saving the Property of the Church Heretofore by Law Established,” in The Papers of Thomas Jefferson, ed. Boyd, 1:553.
80. Jefferson, “A Bill for Punishing Disturbers of Religious Worship and Sabbath Breakers,” in The Papers of Thomas Jefferson, ed. Boyd, 1:555.
81. Jefferson, “A Bill for Appointing Days of Public Fasting and Thanksgiving,” in The Papers of Thomas Jefferson, ed. Boyd, 2:556.
82. Jefferson, “A Bill Annulling the Marriages Prohibited by the Levitical Law, and Appointing the Mode of Solemnizing Lawful Marriage,” in The Papers of Thomas Jefferson, ed. Boyd, 2:557.
83. Jefferson, “A Bill for Establishing a General Court,” in The Papers of Thomas Jefferson, ed. Boyd, 1:621.
84. Jefferson, “Robert Scot’s Invoice for Executing Indian Medal, with Jefferson’s Memoranda,” in The Papers of Thomas Jefferson, ed. Boyd, 4:35–36.
85. Jefferson, “Report on a Seal for the United States, with Related Papers,” in The Papers of Thomas Jefferson, ed. Boyd, vol. 1:495. See also John Adams, Letters of John Adams, ed. Charles Francis Adams, vol. 1 (Boston: Charles C. Little and James Brown, 1841), 152.
86. Dumas Malone, Jefferson the Virginian, vol. 1 (Boston: Little, Brown and Co., 1948), 226.
87. Originally, the federal government met in New York City for its first year, then spent the next ten in Philadelphia before moving to the newly constructed Washington as its permanent home.
88. Federal Orrery (Boston), July 2, 1795, 2, “Domestic Intelligence.”
89. Debates and Proceedings in the Congress of the United States (Washington, DC: Gales and Seaton, 1851), 6th Cong., 797, December 4, 1800.
90. Bishop Claggett’s letter of February 18, 1801, attests that while vice president, Jefferson attended church services in the House. Available in the Maryland Diocesan Archives.
91. Margaret Smith, The First Forty Years of Washington Society (New York: Charles Scribner’s Sons, 1906), 13; James Hutson, Religion and the Founding of the American Republic (Washington, DC: Library of Congress, 1998), 84.
92. Rev. Manasseh Cutler, Life, Journal, and Correspondence of Rev. Manasseh Cutler, eds. William Parker Cutler and Julia Perkins Cutler, vol. 2 (Cincinnati: Colin Robert Clarke & Co., 1888), 119.
93. Margaret Smith, The First Forty Years of Washington Society (New York: Charles Scribner’s Sons, 1906), 13.
94. Ibid.
95. See Rev. Manasseh Cutler, Life, Journal, and Correspondence, eds. William Parker Cutler and Julia Perkins Cutler, vol. 2 (Cincinnati: Colin Robert Clarke & Co., 1888), 119.
96. Ibid.
97. Ibid., 2:114.
98. James Hutson, Religion and the Founding of the American Republic (Washington, DC: Library of Congress, 1998), 89.
99. Margaret Smith, The First Forty Years of Washington Society (New York: Charles Scribner’s Sons, 1906), 14.
100. Ibid., 16.
101. John Quincy Adams, Memoirs of John Quincy
Adams, ed. Charles Francis Adams, vol. 1 (Philadelphia: J. B. Lippincott & Co., 1874), 265, 268; National Intelligencer, December 9, 1820, 3; National Intelligencer, December 30, 1820, 3. See also James Hutson, Religion and the Founding of the American Republic (Washington, DC: Library of Congress, 1998), 89.
102. Rev. Ethan Allen, “Washington Parish, Washington City,” Handwritten history in possession of the Library of Congress, quoted in James Hutson, Religion and the Founding of the American Republic (Washington, DC: Library of Congress, 1998), 96.
103. James Hutson, Religion and the Founding of the American Republic (Washington, DC: Library of Congress, 1998), 91.
104. Jefferson, The Papers of Thomas Jefferson, ed. Oberg, 35:202.
105. Ibid., 30:545.
106. Debates and Proceedings in the Congress of the United States (Washington, DC: The Government Printing Office, 1851), 7th Cong., 1st Sess., 1332, “An Act in Addition to an Act, Entitled, ‘An Act in Addition to an Act Regulating the Grants of Land Appropriated for Military Services, and for the Society of the United Brethren for Propagating the Gospel Among the Heathen,’” April 26, 1802; Debates and Proceedings in the Congress of the United States, 7th Cong., 2nd Sess., 1602, “An Act to Revive and Continue in Force An Act in Addition to an Act, Entitled, ‘An Act in Addition to an Act Regulating the Grants of Land Appropriated for Military Services, and for the Society of the United Brethren for Propagating the Gospel Among the Heathen,’ and for Other Purposes,” March 3, 1803; Debates and Proceedings in the Congress of the United States, 8th Cong., 2nd Sess., 1279, “An Act Granting Further Time for Locating Military Land Warrants, and for Other Purposes,” March 19, 1804.