2003
DOI: 10.1017/s0003055403000492
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James Madison's Principle of Religious Liberty

Abstract: A lthough James Madison has been invoked by justices and judicial scholars for over 100 years, Madison's principle of religious liberty has never been fully grasped or adopted by the Supreme Court. Judges and scholars have failed to understand Madison's radical but simple teaching that religion is not part of the social compact and, therefore, that the state may not take religion within its cognizance. In this article I set forth Madison's principle of "noncognizance" in light of the social compact theory he a… Show more

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Cited by 20 publications
(8 citation statements)
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“…For one exception, see Ward (1992, 5-17), who considers the British case, showing that while in such instances a lack of religion-state separation appear relatively benign and moderate, even this "good" religion-state linkage provokes concerns about its impact on citizen equality. This despite the emphasis of early United States democratic theorist James Madison on the importance of religion-state separation for democratic governance (Muñoz 2003;Dahl 2006, 4-36, 152-171). For an evaluation of Grim and Finke's social regulation measure, see Grim and Wike 2010. 4.…”
Section: Conclusion and Future Research Avenuesmentioning
confidence: 99%
“…For one exception, see Ward (1992, 5-17), who considers the British case, showing that while in such instances a lack of religion-state separation appear relatively benign and moderate, even this "good" religion-state linkage provokes concerns about its impact on citizen equality. This despite the emphasis of early United States democratic theorist James Madison on the importance of religion-state separation for democratic governance (Muñoz 2003;Dahl 2006, 4-36, 152-171). For an evaluation of Grim and Finke's social regulation measure, see Grim and Wike 2010. 4.…”
Section: Conclusion and Future Research Avenuesmentioning
confidence: 99%
“…James Madison opposed a practice, started by George Washington and continued by John Adams, of making religious presidential proclamations. However, the War of 1812 caused Madison to issue four proclamations calling for national days of prayer (Munoz, 2003). (Such turn-around is understandable when the British burn your home!)…”
Section: Resultsmentioning
confidence: 98%
“…A contrasting approach contends that Madison's principle of religious liberty was not strict separation or religious accommodation but rather “noncognizance,” which means that government lacks any power to cognize or see religion whether in matters of religious establishment or free exercise. This view has been articulated by Pangle and Pangle (1993) and Hamburger (2002) and developed powerfully by Muñoz (2003a, 2003b, 2005, 2009). According to Muñoz, Madison embraced strict separation only because it “is derivative from Madison's principle of noncognizance” (2009, 39, n. 79).…”
mentioning
confidence: 90%
“… There is a voluminous scholarly literature on Madison's views of religious liberty and church‐state relations in America. For a few of the more recent studies, see Muñoz (2009), Fisher (2003), Muñoz (2003a, 2003b), Sheldon (2003), Hamburger (2002), Banning (1995), Pangle and Pangle (1993), and McConnell (1990). For a study of the treatment and use of Madison's view of religious liberty by Supreme Court justices, see Muñoz (2005). …”
mentioning
confidence: 99%