Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1992 A Constitutional Right of Religious Exemption: An Historical Perspective Philip A. Hamburger Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Criminal Law Commons, Family Law Commons, First Amendment Commons, Housing Law Commons, Human Rights Law Commons, Labor and Employment Law Commons, Land Use Law Commons, Law and Politics Commons, Law and Society Commons, and the Property Law and Real Estate Commons Recommended Citation Philip A. Hamburger, A Constitutional Right of Religious Exemption: An Historical Perspective, GEO. WASH. L. REV. (1992). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2766 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. A Constitutional Right of Religious Exemption: An Historical Perspective Philip A. Hamburger* Did late eighteenth-century Americans understand the Free Exer- cise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious ob- jections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurispru- dence.' Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis.