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The Free Exercise of Religion in America

Its Original Constitutional Meaning

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  • © 2019

Overview

Authors:
  1. Ellis M. West

    1. Department of Political Science, University of Richmond, Richmond, VA, USA

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  • Provides a definitive overview of the concept of "free exercise of religion" in the context of constitutional law
  • Contributes to a better understanding of early American constitutional history
  • Relies heavily on primary sources, while also taking into account a review of key relevant scholarship

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Introduction

    • Ellis M. West
    Pages 1-16

  3. Constitutional Rights and Ascertaining Their Original Meaning

    • Ellis M. West
    Pages 17-32

  4. Setting the Stage

    • Ellis M. West
    Pages 33-51

  5. The Meaning of Religious Liberty in Virginia

    • Ellis M. West
    Pages 53-94

  6. The Meaning of Religious Liberty in the Other Southern States

    • Ellis M. West
    Pages 95-126

  7. The Meaning of Religious Liberty in the Middle States

    • Ellis M. West
    Pages 127-155

  8. The Meaning of Religious Liberty in the New England States

    • Ellis M. West
    Pages 157-193

  9. Initial Conclusion

    • Ellis M. West
    Pages 195-232

  10. The Constitutional Meaning of Religious Freedom: Part One

    • Ellis M. West
    Pages 233-258

  11. The Constitutional Meaning of Religious Freedom: Part Two

    • Ellis M. West
    Pages 259-292

  12. Final Conclusion

    • Ellis M. West
    Pages 293-308

  13. Back Matter

    Pages 309-317
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Keywords

About this book

This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom.  West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. Adefinitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.


Reviews

“THE FREE EXERCISE OF RELIGION IN AMERICA: ITS ORIGINAL CONSTITUTIONAL MEANING is a tour de force. It will surely become the book from which future debate over the historical origins of the religion clauses, particularly the Free Exercise clause, begins. … THE FREE EXERCISE OF RELIGION IN AMERICA lands in our scholarly midst at a time of continuing political and legal struggles over the meaning of religious liberty.” (Andrew R. Murphy, Law and Politics Book Review, October, 2019) “The long chapters are superbly researched and handle the state provisions on religious liberty much better than anything I know.” (Ralph Ketcham, Professor Emeritus of History and Political Science, Syracuse University, USA)

 

Authors and Affiliations

  • Department of Political Science, University of Richmond, Richmond, VA, USA

    Ellis M. West

About the author

Ellis M. West is Emeritus Professor of Political Science at the University of Richmond, USA. His scholarship focuses on the religion clauses of the First Amendment, as they were originally understood and have been interpreted by the US Supreme Court.

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