MCLEAN PETERSON-FI-PSL 6/17/2010 3:28:45 PM ADAM SMITH AT THE CONSTITUTIONAL CONVENTION Iain McLean & Scot M. Peterson* Abstract Adam Smith is not referred to in the records of the U.S. Constitutional Convention of 1787, but he indirectly influenced the substance of the framers’ decisions on several matters, especially the Establishment and Free Exercise Clauses of the First Amendment. We argue that good grounds exist for the founders’ failure to make explicit reference to Smith during the debates in Philadelphia: he had alienated political leaders in Britain and the United States. Nevertheless, his hand is present in the instigation of the American War for Independence, whether the cause be taken as taxes or the Quebec Act 1774, and in British plans for after the war. Smith’s intellectual heritage—and that of the Scottish Enlightenment—defines the positions of the leading constitutional thinkers concerning religion: James Madison and Thomas Jefferson. Madison’s Memorial and Remonstrance and Jefferson’s 1802 letter to the Danbury Baptist Association (“wall of separation between church and state”) carry Smith’s theme to its logical end, not just as political rhetoric but as a matter of principle. The invisible hand of Adam Smith did more to shape the Establishment and Free Exercise Clauses than those of, for instance, Richard Hooker, Roger Williams, or James Burgh. * Iain McLean: Nuffield College, Oxford OX1 1NF, UK,
[email protected]. Scot M. Peterson: Balliol College, Oxford, OX1 3BJ, UK,
[email protected]. Corresponding author: IM. With thanks to attendees at the Constitutional Political Economy conference, ICER, Turin, June 2007; the American Political Science Association annual meeting 2007, the Smith in Glasgow conference and the Morrell Seminar in Political Theory, University of York, both in 2009, for comments on earlier versions of the paper; and to Martin Clagett for information on William Small and Jay Sexton on the North American colonies.