Tuesday, November 25, 2025

The Framing Understanding of the First Amendment

Not necessarily the only one, but Justice Story is often cited. From Justice Joseph Story's Commentaries on the Constitution of the United States:

1877. The real object of the [First] amendment was not to countenance, much less to advance, Mahometanism, or Judaism;, or infidelity, by prostrating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment which should give to a hierarchy the exclusive patronage of the national government. [Story, 2 Commentaries on the Constitution of the United States 606 (1873),]

 

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