1776 Virginia Declaration of Rights. See Virginia's 1776 Declaration of Rights 1779 Bill for Establishing Religious Freedom (N

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1776 Virginia Declaration of Act for Establishing Religious Rights. See Virginia’s 1776 Freedom. See Virginia’s 1786 Act Declaration of Rights for Establishing Religious 1779 Bill for Establishing Religious Freedom Freedom (never enacted). See Act for Incorporating the Episcopal Jefferson, Thomas [Anglican] Church (Virginia), 1785 Memorial and Remonstrance 37, 43 against Religious Assessments. Adams, John, 34, 176, 202–3 See Madison, James “midnight” judges appointed 1786 Act for Establishing Religious while president, 202–4 Freedom. See Virginia’s 1786 Act Adamson v. California, 173 for Establishing Religious Amendatory bill of rights. See Bill Freedom of Rights 1787 Constitutional Convention, 28, Amendments proposed by the vari- 33, 56, 61, 71, 85, 90, 113–19, 131 ous states. See Constitutional 1787 Northwest Ordinance. See amendments proposed by the First Congress states 1787 Philadelphia Convention. See Ames, Fisher, 82, 92–93, 104, 165 1787 Constitutional Convention Ames v. Kansas, 137 1789 First Congress (or 1789 Anglicans (Anglican Church) Congress). See First Congress (Church of England), 24, 26–29, 1789 Judiciary Act, 136–37, 204, 32, 66, 161 205–7, 210–11 Annals of Congress (explained), 74 Anti-Federalists. See States’ rights “Actions” versus “opinions,” 179, 189 advocates –90, 219–21. See also Wall of sepa- Articles of Amendment. See First ration between church and state Congress, constitutional amend- A (Proposed) Bill Establishing a ments approved by, 106 Provision for Teachers of the Articles of Confederation, 20 Christian Religion (Virginia) (never enacted), 25, 37–42, Barron v. Baltimore, 168 223, 228 Bassett, Richard, 137, 207

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“Belief” versus “conduct,” 179, Compelled financial support. See 189–90, 219–21. See also Wall of Establishment attributes separation between church and Conference committee. See First state Congress, House/Senate Benson, Egbert, 94 Conference Committee Bill for Establishing Religious Congressional chaplains. See First Freedom (never enacted). See Congress, contemporaneous reli- Jefferson, Thomas gion-pertinent acts Bill of Rights: Congregationalists (Puritans), Madison’s sponsorship of, 67–71, 26–29, 66 75–82 “Congress shall make no law opinions as to need for, 57–62 respecting an establishment of political necessity of, 56–59 religion,” 15, 105, 168 Black, Hugo, 173, 234, 236, 240 “Congress shall make no law . . . Bradford, William, 162 prohibiting the free exercise [of Brennan, William J., 15 religion],” 92 “Congress shall make no law Carroll, Daniel, 88, 102, 137, 207 respecting an establishment of Chaplains. See First Congress religion, or prohibiting the free Chase, Samuel, 213 exercise thereof . . .” 104 Chisholm v. Georgia, 132, 136–37 Congress’s post-1789 religion-perti- “Church,” as synonymous with nent legislation: establishment ecclesiastical insti- inscription on coins and currency tution, 15, 17, 19–20, 66, 79, 123 (“In God We Trust”), 149–50 “Church and state.” See Wall of sep- National Anthem (“In God Is aration between church and Our Trust”), 156 state National Day of Prayer, 156 Church of England. See Anglicans National Motto (“In God We Church taxes. See Establishment Trust”), 155–56 attributes Pledge of Allegiance (“One Civil disabilities. See Establishment Nation under God”), 150–55, 255 attributes Congressional Register (explaining), Civil incapacitations. See 74 Establishment attributes Connecticut, 27–28, 46, 61, 64 College of New Jersey. See Connecticut’s 1662 Charter, 46 Princeton University Connecticut’s 1818 Constitution, 46 College of William and Mary. See Constitution. See United States William and Mary, College of Constitution “Colloquial concoction.” See Wall of Constitution’s bill of rights. See Bill separation between church and of Rights state Constitution’s “necessary and prop- Compelled allegiance. See er” clause. See “Necessary and Establishment attributes proper” clause; see also United FOReIndex.qxp 11/9/2007 1:45 PM Page 412

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States Constitution, Article I, establishment, 176–77 Section 8 Declaration of Independence, 20, Constitutional amendments 28, 30, 34–35 approved by the First Congress. Declaration of Rights. See Virginia’s See First Congress, constitutional 1776 Declaration of Rights amendments approved by Declarations of rights. See States’ Constitutional amendments pro- disestablishment assurances in posed by the states: colonial constitutions/declara- the dissenters at the Maryland tions of rights Ratifying Convention, 81 Delaware, 25, 28, 46–47, 61, 64 the dissenters at the Delaware’s 1776 Constitution, 25, Pennsylvania Ratifying 46, 48–49, 53–54 Convention, 81 Delaware’s 1776 Declaration of the Massachusetts Ratifying Rights, 46–49 Convention, 80, 159 Delaware’s 1792 Constitution, 187 the New Hampshire Ratifying “Denomination,” as synonymous Convention, 65, 80, 90, 159 with establishment ecclesiastical the New York Ratifying institution, 15, 17, 19–20, 66, Convention, 66, 81, 159, 160 79, 123 the North Carolina Ratifying Dred Scott v. Sandford, 169–70, 215 Convention, 66 Dreisbach, Daniel, 185, 189 the South Carolina Ratifying Convention, 80, 159 “Equal rights and privileges” the Virginia Ratifying assurances in colonial constitu- Convention, 65, 80, 159–60 tions/declarations of rights. See Constitutional Convention. See States’ disestablishment assur- 1787 Constitutional Convention ances in colonial constitutions/ Context (as pertinent to meaning), declarations of rights 125–26 Ellsworth, Oliver, 102, 119, 137, Continental Congress, 30, 34–35, 203, 207 61, 65 Emoluments. See Establishment Cooley, Thomas, 26, 127, 129 attributes Corwin, Edward, 185, 232, 238 “Establish,” origins of. See “Creed,” as synonymous with estab- “Establishment,” origins and lishment ecclesiastical institu- meaning of tion, 15, 17, 19–20, 66, 79, 123 Established ecclesiastical institu- tions in colonial America, 26–28 Danbury (Connecticut) Baptists, “Establishment,” origins and mean- 176–78. See also Wall of separa- ing of, 13, 21–24 tion between church and state etymologists/etymologies, 21 1801 request for Jefferson’s assis- Establishment attributes: tance, 176–77 civil disabilities/incapacitations, struggle against Connecticut 20, 27–29, 54–55, 161 FOReIndex.qxp 11/9/2007 1:45 PM Page 413

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compelled allegiance, 29, 55, 161 prohibition of preferential dominant ecclesiastical institu- treatment of (national) estab- tion, 19–21, 27–29, 66, 79, 123, lishment, 17, 79–81, 107, 124, 161, 163, 165, 193 128–29, 131, 144, 160 emoluments. See preferential rewritten by United States treatment of establishment Supreme Court to apply to adherents states, 171–73 favored or established by law, 54, Establishment Clause challenges to 66–67, 123, 161 government programs, 241 government-preferred/govern- Establishment Clause “tests” imple- ment-sanctioned/government- mented by Supreme Court, 241. financed/government-protected, See also United States Supreme 19, 27–29, 123, 161, 163, 179 Court mandatory attendance, 20, Establishment of religion. See 27–29, 55, 161 “Establishment,” origins and preferential treatment of estab- meaning of lishment adherents, 29, 55, Everson v. Board of Education, gener- 66–67, 161 ally, 172, 225–41 suppression of dissent, 20, as altering Establishment Clause 27–29, 54–55, 161 to embrace “religion” or “reli- taxes/compelled financial sup- gious activities” in general, port/contributions, 20, 27–29, 230–31, 237–38 37, 51–52, 55, 161 as altering First Amendment united with government, 19, (and Establishment Clause) by 27–29, 54, 66–67, 123, 161 applying it to the states, 172, 237 Establishment Clause, generally, 13, as containing misstatements of 15–16, 19–20, 72, 79–81, 104, Establishment Clause history, 106–8, 123–24, 128–29, 131, 144, 221–25, 227–32 157–69, 171–73, 237 as contrary to, and repudiation as consistent with amendments of, nation’s heritage, 238–39. See proposed by various states, also First Congress, contempora- 159–60 neous religion-pertinent acts; see as consistent with Madison’s also Congress’s post-1789 reli- goal, 161–67 gion-pertinent legislation as consistent with states’ own as contrary to, and repudiation constitutions/declarations of of, nation’s monuments, inscrip- rights, 16–17, 157–58 tions, and traditions, 238–39. See expressly limited to “Congress,” also First Congress, contempora- 168–69, 237 neous religion-pertinent acts; see meaning/purpose of: also Congress’s post-1789 reli- prohibition of a national estab- gion-pertinent legislation lishment, 79–81, 107, 124, as contrary to, and repudiation 128–29, 131, 144, 160, 168 of, words “Year of our Lord” in FOReIndex.qxp 11/9/2007 1:45 PM Page 414

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the Constitution, 238. See also Establishment attributes, favored First Congress, contemporane- or established by law ous religion-pertinent acts; see Federalist Papers, 57–58, 71, 78, also Congress’s post-1789 reli- 120 gion-pertinent legislation Few, William, 137, 207 as disregarding 1789 First First Amendment generally, 13 Congress proceedings, 17, 227, First Amendment’s Establishment 229–30, 232–33, 237, 241 Clause. See Establishment Clause as disregarding Establishment First Amendment’s Free Exercise Clause history, 17, 227, 229–33, Clause. See Free Exercise Clause 237, 241 First Congress: as embracing Jefferson’s “wall of constitutional amendments separation” metaphor as the (“articles of amendment”) meaning of the Establishment approved by, 105–7 Clause, 17, 231, 237 contemporaneous religion-perti- as incorporating the historical nent acts: inaccuracies in Reynolds v. United judicial oath (“So help me States, 227–29 God”), 141–42 as lacking historical accuracy, legislative chaplains, 139–41 221–25, 227–33, 237 renewal of 1787 Northwest as lacking precedent, 229–30 Ordinance (“Religion, morali- as reason why public mistakenly ty, and knowledge”), 142–46 believes the Constitution pro- Thanksgiving Resolution, vides for a “wall of separation 146–48 between church and state,” 175, House of Representatives Select 225, 231–32 Committee, 83–84 as reason why public mistakenly House of Representatives Select believes the Establishment Committee Report, 83–84, Clause governs “religion” or 91–93 “religious activities” in general, House of Representatives’ pro- 230–31 posed constitutional amend- United States Supreme Court’s ments (“articles of amend- first Establishment Clause deci- ment”), 76, 78–81, 93–95, 106–7 sion, 226 House of Representatives’ pro- Establishment tax. See posed religion-specific constitu- Establishment attributes tional amendment, 83–84, 87, 91–94 “Faith,” as synonymous with estab- House/Senate Conference lishment ecclesiastical institu- Committee, 102–4 tion, 15, 17, 19–20, 66, 79, 123 House/Senate Conference Father of the Constitution. See Committee Report, 103–4 Madison, James Religion-specific constitutional “Favored or established by law.” See amendment approved by, 104–5 FOReIndex.qxp 11/9/2007 1:45 PM Page 415

Index 415

Fourteenth Amendment, effect on Inaugural Congress. See First Establishment Clause, 169–70, Congress 215, 237 “In God Is Our Trust.” See Fourteenth Amendment’s “due Congress’s post-1789 religion- process” clause, effect on pertinent legislation, National Establishment Clause, 170–71 Anthem Fourteenth Amendment’s “equal “In God We Trust.” See Congress’s protection” clause, 170 post-1789 religion-pertinent leg- Fourteenth Amendment’s “privi- islation, inscription on coins and leges or immunities” clause, 170 currency/National Motto Frankfurter, Felix, 173 Inscription on coins and currency Franklin, Benjamin, 34–35, 37, 175 (“In God We Trust”). See Free Exercise Clause, 13, 92, Congress’s post-1789 religion- 218–19, 230 pertinent legislation “Intent.” See “Meaning” Gazette of the United States “Ipse dixit” (meaning of), 15, 171 (explained), 74 Iredell, James, 213 Georgia, 26–28, 46–47, 61, 64 Izard, Ralph, 137, 207 Georgia’s 1777 Constitution and 1789 Constitution, 46–47, 50–51, Jackson, Andrew, 215 53 James Madison Commemoration Georgia’s 1798 constitution, 188 Commission, 166–67 Gerry, Elbridge, 77–78, 88, 90–91, Jefferson, Thomas, generally, 17, 109–10 30, 34–39, 42, 59–60, 62, 67, 70, Granger, Gideon, 180 104, 133, 164, 175–98, 202, Greenleaf, Thomas, 73 221–24, 228, 230 1776 Draft constitution for Henry, Patrick, 30, 32, 37–38, 59, Virginia, 191, 224 67, 223 1779 Bill for Establishing Hamilton, Alexander, 57, 71, 215 Religious Freedom, 35–37, 42, Holmes, Oliver Wendell, 124, 218 194, 224, 228 House Journal (explained), 73 1800 presidential campaign/ House of Representatives Select election, 176–77, 184, 202 Committee. See First Congress 1802 letter to the Danbury House of Representatives Select Baptists, 178–79, 181–83, 223. Committee Report. See First See also Wall of separation Congress between church and state House/Senate Conference Bill Exempting Dissenters from Committee. See First Congress Contributing to the Support of House/Senate Conference the Church. See Virginia’s Bill Committee Report. See First Exempting Dissenters from Congress Contributing to the Support of Huntington, Benjamin, 89, 109 the Church FOReIndex.qxp 11/9/2007 1:45 PM Page 416

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creator of “wall of separation” Key, Francis Scott, 156 metaphor as political message, 175–86. See also Wall of separa- Laurence, John, 81 tion between church and state Lee, Richard, 86, 100, 137 Danbury Baptists. See 1802 letter Library of Congress explanation of to the Danbury Baptists; see also “wall of separation.” See Wall of Wall of separation between separation between church and church and state state Declaration of Independence, Lincoln, Abraham, 125, 215 author of, 34–35 Lincoln, Levi, 180 in France from 1784 through Livermore, Samuel, 65, 90–91 1789, 17, 37–38, 175, 194, “Living constitution,” 124 196–97, 221–22 Livingston, Robert, 34–35 letters to Madison, 175–76, 222 no participation in 1787 Maclay, William, 94, 137, 207 Constitutional Convention, 175. Madison, James, generally, 17, 24, See also in France from 1784 30–35, 37–43, 56–59, 62, 67–71, through 1789. 75–82, 84–85, 88–91, 93, 100, no participation in 1789 First 102–4, 108–9, 118–22, 132, 136, Congress, 17, 175, 221–22, 224, 161–67, 175–76, 194–98, 202, 228, 230. See also in France from 216–17, 222–23 1784 through 1789 1785 Memorial and Notes on the State of Virginia, 39, Remonstrance against Religious 190, 220–21, 224 Assessments, 24, 37–42, 167 opinion as to necessity of a con- acquiescence in deletion of stitutional bill of rights, 59–60, 62 word “national” from political career chronology, 34–35, Constitution, 84–85, 108–9, 37, 59, 175, 194–98, 221–22 119–22 president, 175, 177 acquiescence in deletion of secretary of state, 194 word “national” from “wall of separation” metaphor. Establishment Clause, 88–89, 91, See creator of “wall of separa- 109, 163 tion” metaphor as political mes- anti-establishment beliefs, publi- sage; see also Wall of separation cation of, 162–63 between church and state constitutional amendments pro- working relationship with posed during First Congress, 78 Madison, 194–98 disestablishment efforts in Johnson, Samuel, 23 Virginia, 31–35, 37–43, 162–63 Judicial oath. See First Congress dominance/status during First Judicial review. See Marbury v. Congress, 104, 163–65 Madison education, 161, 194 Father of the Constitution, 164 Kentucky, 107 letters to Jefferson, 176, 222 FOReIndex.qxp 11/9/2007 1:45 PM Page 417

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opinion as to necessity of a con- rendered the Supreme Court stitutional bill of rights, 57–59, “more equal” than the legislative 62, 67–71, 77 or executive branches, 212–17 political career chronology, 33, rendered the Supreme Court 67–71, 165, 194–98 the ultimate interpreter of the president, 165, 195 Constitution, 212–17 religion-specific constitutional result of 1800 presidential elec- amendment proposed during tion politics, 202–3 First Congress, 79 William Marbury, 204. See also secretary of state, 165, 195, 202 Marbury, William speeches to Virginia Ratifying Marbury, William, 202–6, 208–11 Convention, 79–80 Marsh v. Chambers, 139–40 view of preferential treatment as Marshall, John, 132, 202–14, 216, chief establishment evil, 79–80, 239. See also Marbury v. Madison 161, 165–67 Martin, Luther, 119–20 working relationship with Maryland, 26–28, 46–48 Jefferson, 194–98 Maryland’s 1776 Constitution, Marbury v. Madison, generally, 46–47 204–16, 237 Maryland’s 1776 Declaration of a political decision designed to Rights, 46–47, 49–50, 53–54 embarrass President Jefferson, Mason, George, 30–31, 33–34, 204, 208–12 56–57, 194 authored by Jefferson political Massachusetts, 25, 27–28, 46–47, antagonist John Marshall, 61–64, 65, 77 208–12 “Massachusetts Compromise,” 62, 78 fabricated a constitutional infir- Massachusetts’s 1780 Constitution, mity with the 1789 Judiciary Act, 25, 46–47, 51–54, 186 206–8, 210–12 “Meaning,” 123–27 implemented notion of “judicial constancy of, 124–27 review,” 212–17 dependent upon context, 125, implicated the Constitution in a 180–86 matter in which the Constitution distinguished from “intent” (or bore no relevance, 205–6, “original intent”), 124, 126 210–12 independent of societal changes, matter in which the Supreme 124–26, 131 Court lacked jurisdiction in the independent of one’s “under- first instance, 210–12 standing” or one’s personal “midnight judges” (appoint- opinion, 124, 193, 225 ments). See Adams, John verified by author’s contempora- predicated upon Supreme neous writings on same subject, Court’s deliberate misreading of 136–48 1789 Judiciary Act, 204–5, verified by author’s subsequent 210–12 writings on same subject, 149–58 FOReIndex.qxp 11/9/2007 1:45 PM Page 418

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Meaning (of words), 21, 125–26 New Hampshire’s 1784 Memorial and Remonstrance Constitution, 25, 46–47, 52–54 against Religious Assessments. New Hampshire’s 1792 See Madison, James Constitution, 187–88 “Midnight” appointments. See New Jersey, 25–28, 46–47, 61, 64 Adams, John, “midnight” New Jersey’s 1776 Constitution, 25, appointments 46, 48, 53–54 Midnight judges (appointments). New York, 25–28, 46–47, 62–64, 66, See Adams, John; see also Marbury 77 v. Madison New York Daily Advertiser, 74 Moynihan, Patrick, 16 (explained), 90 Myers v. United States, 138–41 New-York Daily Gazette, 74 (explained), 80 “National,” removal from New York’s 1777 Constitution, 25, Establishment Clause. See 46–47, 50, 53, 188 “National,” states’ rights advo- Nixon, Richard, 216 cates’ distrust of term “No-compelled-financial-support” “National,” removal from assurances in colonial constitu- Constitution. See “National,” tions/declarations of rights. See states’ rights advocates’ distrust States’ disestablishment assur- of term ances in colonial constitutions/ “National,” states’ rights advocates’ declarations of rights distrust of term, 71, 83–86, “No-compelled-funding” assurances. 89–90, 108–10, 119–21, 163 See States’ disestablishment assur- National Anthem (“In God Is Our ances in colonial constitions/ Trust”). See Congress’s post-1789 declarations of rights religion-pertinent legislation “No-compelled-worship” assurances. National Day of Prayer. See See States’ disestablishment assur- Congress’s post-1789 religion- ances in colonial constitutions/ pertinent legislation declarations of rights National Motto (“In God We “No-establishment” assurances. See Trust”). See Congress’s post-1789 States’ disestablishment assur- religion-pertinent legislation ances in colonial constitutions/ “National school board,” 238. See declarations of rights also United States Supreme Nondenominational legislative Court, as “national school prayer. See Marsh v. Chambers; see board” in Establishment Clause also First Congress, contempora- decisions neous religion-pertinent acts, “Necessary and proper” clause, 71, legislative chaplains 78, 88–89. See also United States North Carolina, 25–28, 46–47, Constitution, Article I, Section 8 62–64, 66, 137 New Hampshire, 25, 27–28, 46–47, North Carolina’s 1776 Constitution, 62, 64–65, 77 25, 46–47, 50, 53–54, 188 FOReIndex.qxp 11/9/2007 1:45 PM Page 419

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Northwest Ordinance (“Religion, Ratification debates in the various morality, and knowledge”). See states (Constitution). See United Congress’s post-1789 religion- States Constitution pertinent legislation Ratification of Congress’s proposed Notes on the State of Virginia. See constitutional amendments. See Jefferson, Thomas States’ ratifications of constitutional amendments approved by “One Nation under God.” See First Congress Congress’s post-1789 religion- Rehnquist, William, 124, 200–201, pertinent legislation, Pledge of 209, 217, 233, 241 Allegiance “Religion,” as synonymous with Original intent. See “Meaning” establishment ecclesiastical “Original meaning.” See “Meaning” institution, 15, 17, 19-20, 66, 79, 123 Paterson, William, 102, 137, 207 “Religion, morality, and knowl- Pennsylvania, 26, 28, 46–47, 61, edge,” 142. See also First 64 Congress, renewal of 1787 Pennsylvania’s 1776 Constitution, Northwest Ordinance 46–47, 49, 53–54 religion-specific constitutional Pennsylvania’s 1790 Constitution, amendments proposed by vari- 186 ous states. See States’ proposed Permoli v. Municipality No. 1 of the religion-specific constitutional City of New Orleans, 169 amendments Philadelphia Constitutional “Religious society,” as synonymous Convention. See 1787 with establishment ecclesiastical Constitutional/Convention institution, 15, 17, 19-20, 66, 79, Pledge of Allegiance (“One Nation 123 under God”). See Congress’s “Respecting an establishment of post-1789 religion-pertinent leg- religion,” 15, 17. See also islation Establishment Clause; see also Princeton University, 161, 194 First Amendment, generally Public schools: Reynolds v. United States, 189, and “Christianity,” 17 218–25, 227, 231 and Christmas, 225 Rhode Island, 28, 46, 63–64, 137 and commencement addresses, Rhode Island’s 1663 Charter, 46 225 Rhode Island’s 1842 Constitution, and Easter, 225 46 and “God,” 17 and “intelligent design,” 225 School-related Establishment and “religion,” 127 Clause disputes. See United Puritans. See Congregationalists States Supreme Court Randolph, Thomas, 69, 85, 110, Scott, Dred. See Dred Scott v. 119 Sandford FOReIndex.qxp 11/9/2007 1:45 PM Page 420

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“Sect,” as synonymous with estab- constitutional amendments, lishment ecclesiastical institu- 65–67 tion, 15, 17, 19–20, 66, 79, 123 State’s ratification debates Sedgwick, Theodore, 94 (Constitution). See United States Select Committee. See First Constitution Congress States’ ratifications of constitution- Select Committee Report. See First al amendments approved by Congress First Congress, 106–7 Senate Executive Journal States’ rights advocates, 71, 84–86, (explained), 73 109–10, 119–21 Senate Journal (explained), 73 Stewart, Potter, 171 Sherman, Roger, 34–35, 86, 88, 92, Story, Joseph, 25, 127–29, 168 94, 102, 146 Strong, Caleb, 137, 207 Silvester, Peter, 87 Supreme Court. See United States South Carolina, 26–28, 46–47, 62, Supreme Court 64, 77 South Carolina’s 1778 Ten Commandments, 19, 226, 238 Constitution, 46–47, 51, 53–54 Terrett v. Taylor, 129–30 South Carolina’s 1790 Tucker, Thomas, 91 Constitution, 187 “Star-Spangled Banner” (“In God Is United States Constitution Our Trust”). See Congress’s post- Article I, 73 1789 religion-pertinent legislation Article I, Section 2, 45 “Stare decisis” (meaning), 200 Article I, Section 8, 78, 88–89 States’ declarations of rights. See Article I, Section 9, 79 States’ disestablishment assur- Article III, Section 2, 136–38, ances in colonial constitutions/ 206–7, 216 declarations of rights Article V, 75, 86, 104, 131 States’ disestablishment assurances Article VII, 60–61, 63 in colonial constitutions/decla- First Amendment. See First rations of rights, 54 Amendment generally; see also equal-rights-and-privileges assur- First Amendment’s Establishment ances, 47–53 Clause; see also First Amendment’s no-compelled-financial-support Free Exercise Clause assurances, 47, 49–53 Fourteenth Amendment. See no-compelled-funding assurances, Fourteenth Amendment 48 ratification debates in the vari- no-compelled-worship assur- ous states, 57–64 ances, 47–48, 50, 52–53 United States Supreme Court: no-establishment assurances, 48, alteration of Establishment 50–53 Clause to embrace “religion” or summarized, 53–54 “religious activities” in general, States’ proposed religion-specific 230–31, 237–38 FOReIndex.qxp 11/9/2007 1:45 PM Page 421

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alteration of First Amendment Clause history, 221–25, 227–32 by applying it to the states, school-related Establishment 171–72, 237 Clause decisions, 238 as “national school board” in self-appointed regulator of “reli- Establishment Clause matters, 238 gious activities” and relationship cause of public’s mistaken belief to “state” (government), 237–38 that the Constitution provides usage of metaphors as ill- for a “wall of separation between advised, 174–75 church and state,” 175, 225, 231–32 Vermont, 46–47 cause of public’s mistaken belief Vermont’s 1777 Constitution, that the Establishment Clause 46–47, 52–54, 207 governs “religion” or “religious Vermont’s 1793 Constitution, 188 activities” in general, 230–31 Vining, John, 88, 102 decision in Everson v. Board of Virginia, 26–28, 30–43, 46–47, 59, Education as lacking historical 62–65, 77 accuracy, 221–25, 227–33, 237 Virginia Declaration of Rights. See decision in Everson v. Board of Virginia’s 1776 Declaration of Education as lacking precedent, Rights 229–30 Virginia Plan (1787 Constitutional disregard of 1789 First Congress Convention), 85, 110–19 proceedings, 17, 227, 229–30, Virginia Revolutionary Convention, 232–33, 237, 241 30–35 disregard of Establishment Virginia’s 1776 Bill Exempting Clause history, 17, 227, 229–33, Dissenters from Contributing to 237, 241 the Support of the Church, 192, disregard of Justice Story’s 224 Commentaries in Establishment Virginia’s 1776 Constitution, 31, 188 Clause decisions, 130 Virginia’s 1776 Declaration of disregard of First Congress’s Rights, 28–35, 41, 46–48, 53–54, renewal of the Northwest 56, 65, 188 Ordinance in Establishment Virginia’s 1786 Act for Establishing Clause decisions, 144–45 Religious Freedom, 37, 42, 47, embrace of Jefferson’s “wall of 167, 229 separation” metaphor as the meaning of the Establishment Wall of separation between church Clause, 17, 189, 218, 231, 237 and state: Establishment Clause “tests,” 241 adopted by the United States Everson v. Board of Education Supreme Court as the meaning (1947) as Court’s first of the Establishment Clause, Establishment Clause decision, 189, 218, 231, 237 226 as concerning alliance between misstatements of Establishment an ecclesiastical institution and FOReIndex.qxp 11/9/2007 1:45 PM Page 422

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government, 179–80, 192–93 183–85 as contradictory of nation’s her- as referencing an ecclesiastical itage, 238–39. See also First institution and not “religion” in Congress, contemporaneous general, 193 religion-pertinent acts; see also as signifying an anti-preference Congress’s post-1789 religion- view only, 191–92 pertinent legislation phrase coined in 1802, 175, as contradictory of nation’s 178–79 monuments, inscriptions, and relationship to Establishment traditions, 238–39. See also First Clause, 184–85, 190–93 Congress, contemporaneous significance of Jefferson’s first religion-pertinent acts; see also draft, 181–84 Congress’s post-1789 religion- Wallace v. Jaffree, 233 pertinent legislation Washington, George: as contradictory of words “Year commander-in-chief, of our Lord” in the Constitution, Continental Army, 45 238. See also First Congress, con- opinion as to necessity of a contemporaneous religion-pertinent stitutional bill of rights, 61–62 acts; see also Congress’s post-1789 president, 45, 104 religion-pertinent legislation president of 1787 Constitutional as differentiating between Convention, 61 “actions” and “opinions,” Thanksgiving Proclamation, 189–90, 219–21 146–48 as explained by the Library of Webster, Noah, 24 Congress, 183–84 William and Mary, College of, 161, as lacking any connection to 194 1789 First Congress proceed- Wingate, Paine, 137, 207 ings, 17, 175, 178–79, 183–85, Wisconsin v. Pelican Insurance Co., 138 188–89, 221–22, 230–32 as limited to a “national” ecclesi- “Year of our Lord” in Constitution, astical institution, 186–88 238. See also Everson v. Board of as personal opinion of Jefferson, Education; see also Wall of separa- 17, 175, 178–79, 183–85 ton between church and state as political metaphor, 179–81, FOReIndex.qxp 11/9/2007 1:45 PM Page 423 FOReIndex.qxp 11/9/2007 1:45 PM Page 424