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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),]

 

2 comments:

  1. Judaism was not even to be countenanced? This would be a surprise to George Washington, I think. And President John Tyler wrote that if Moslems or even Hindus should come to the US, they would have every right to practice their religions. Also, when Congress moved to end Sunday mail delivery, some Representatives objected that this would improperly privilege Christianity.

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    1. Washington's letter to the Hebrew Congregation of Newport is very positive and promotes tolerance, which is not the same as equality. I think almost every American in 1791 regarded tolerance as a good thing. Tyler is news to me; please give me a pointer. When did Congress end Sunday mail delivery? This article details the fuss about Congress in 1810 requiring post offices to open on Sundays. https://daily.jstor.org/the-massive-fight-over-sunday-mail/

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