Originalism and the Future of Religious Freedom

fourteenth amendment

For historians seeking the original meaning of the Fourteenth Amendment, few issues are trickier than the question of national religious liberty. At the time of the Founding, the entire subject of governmental regulation of religion was left to the states. There was no single “principle of religious freedom” beyond widespread agreement that the federal government had no delegated authority over the issue. This left Virginia free to embrace the principles of Jeffersonian separationism and Massachusetts free to embrace the Adams-esque principle of semi-coercive, government-supported religious belief.

Adoption of the Fourteenth Amendment ended this freewheeling religious regulatory federalism and demanded that no state enact or enforce any law abridging the privileges or immunities of national citizenship.

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Here’s a Horse-Trade for You

Two men handshake over mountains precipice. Business deal

Last week’s horrible tragedy at Umpqua Community College in Oregon put us back into a repetitive cycle in partisan discourse: A madman commits a massacre. Advocates for greater controls on firearm ownership use their outrage at the loss of life to point fingers at Americans’ right to own guns, and argue for more gun control. Gun-rights advocates mourn the loss of life, accuse their opponents of exploiting the deaths of the victims, and argue that greater restrictions short of outright bans would not prevent future tragedies and would endanger the basic rights of the vast majority of gun owners to protect themselves.

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