In his Commentaries on the Constitution, 1833, Justice Joseph Story explained that the Federal Government had no jurisdiction over religion, as religion was under each individual State’s jurisdiction: In some of the States, Episcopalians constituted the predominant sect; in others, Presbyterians; in others, Congregationalists; in others, Quakers; and in others again, there was a close numerical rivalry among contending sects. It was impossible that there should not arise perpetual strife and perpetual jealousy on the subject of ecclesiastical ascendancy, if the national government were left free to create a religious establishment. The only security was in the abolishing the power. But this alone would have been an imperfect security, if it had not been followed up by a declaration of the right of the free exercise of religion… Thus, the whole power over the subject of religion is left exclusively to the State governments, to be acted upon according to their own sense of justice and the State constitutions.
Posted on: Thu, 01 May 2014 05:24:56 +0000
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