Topics: Bibles & Religion

For generations, America recognized an equality of individualism that made the carpenter as important as the university president and the shopkeeper the equal of the statesman. But today, under the influence of Poststructuralism, America has begun to divide itself into groups based not only on identity (e.g., black/white/Latino, straight/gay, union/right-to-work, conservative/liberal, etc.) but also on distinctions such as economic income, social standing, and even degree of academic knowledge – and especially in the latter category as pretentious scholars in law and academics claim exclusive knowledge they believe places them above ordinary citizens.

For example, I repeatedly hear legislators urge that a bill be passed so that they can find out from the judges whether or not it is constitutional. They apparently believe that only a small group is capable of unraveling the meaning of the Constitution and have forgotten that it is actually a very simple document that can be read in its entirety in less than twenty minutes. In fact, it is so easy to understand that for decades, school children took an annual written exam to demonstrate their mastery of its content; and popular texts included the 1828 Catechism on the Constitution by Arthur Stansbury – a work for elementary students. Thankfully, citizens have begun bypassing America’s frequently haughty academic aristocracy – evidenced by the fact that two recent modern-language editions of The Federalist Papers have become national best-sellers.

And just as they have done with the Constitution, academic elitists have also tried to make themselves the sole caretakers of historical knowledge, holding that history is too complicated, with too many intricacies for the average person to understand. They even become intolerant of those who try to break through these false barriers and open history to the average citizen. I personally know this to be true, for I often find myself the object of their attacks.

I have penned numerous best-selling history works, and characteristic of each is a heavy reliance on primary-source documentation. Across the past twenty years, I have amassed a collection of some 100,000 originals (or certified copies of originals) predating 1812, including hand-written documents and works of those who framed and signed the Declaration of Independence, the Constitution, and the Bill of Rights. Not many individuals in America have read more original works (or fewer modern ones) than I have; and the general public has responded enthusiastically to this history based on original documentation.

In fact, notice how these types of history books regularly appear on the New York Times bestseller list. Whether it is David McCullough’s John Adams, Glenn Beck’s Being George Washington, Newt Gingrich’s Valley Forge, or my own The Jefferson Lies, people are willing to pay good money to learn the simple uncomplicated history that used to be taught in school.

Conversely, typical history works by modern elitist professors generally sell very poorly; and seeing their own influence wane, they often lash out and condescendingly criticize the more popular documentary works. But this practice is not new. After all, when the Apostle Paul began to attract a growing following, some of the intellectuals of his day who were losing standing “went wild with jealousy and tore into Paul, contradicting everything he was saying,” “sowing mistrust and suspicion in the minds of the people” (Acts 13:44-45, 14:2).

After The Jefferson Lies, rose to a New York Times best-seller, similar attacks were launched against it from academic elitists. I will address three of these attacks below, but first, I must tackle their oft-repeated talking-point that I am not a qualified historian – a claim they make to cast a shadow of doubt over all the facts I present. However, this charge, like their others, is completely false. After all, I am:

• Recognized as an historical expert by both state and federal courts;
• Called to testify as an historical expert by both the federal and state legislatures;
• Selected as an historical expert by State Boards of Education across the nation to assist in writing history and social studies standards for those states;
• Consulted as an historical expert by public school textbook publishers, helping write best-selling history texts used in public schools and universities across the nation.

Their real objection is that I make history uncomplicated, and thus make them irrelevant. In fact, the very point of The Jefferson Lies was to allow Jefferson to speak for himself through his 19,000 letters, thereby eliminating the need for the educational elitists who for the past fifty years have anointed themselves as Jefferson’s sole interpreters.

Consider some of their objections against The Jefferson Lies.

Warren Throckmorton and Michael Coulter

A common mantra for today’s academics is “Publish or die.” Believing that if they are not publishing something new that their academic career is regressing, they therefore regularly “discover” something they believe to be a new revelation on some obscure micropoint of history, and then, as if having received an earth-shattering revelation, write an article or book giving their personal opinions about it. Significantly, however, the public does not respond well to these works, for publishers claim that with few exceptions most academic scholars’ books sell only two hundred or so copies a year.¹

Professors Warren Throckmorton and Michael Coulter, in their work penned against The Jefferson Lies, begin by candidly admitting that they are critiquing “Barton and religious conservatives in general,”² thereby openly confessing their hostility toward me and my personal religious beliefs. As they acknowledge up front, and as will be evident below, their real problem with The Jefferson Lies is much more about its worldview than its historical content.(Throckmorton is a psychology professor at Grove College currently writing about sexual orientation and identity, and Coulter teaches political science there.)

For example, early in the book I applaud American Exceptionalism, which I define as “the belief that America is blessed and enjoys unprecedented stability, prosperity, and liberty as a result of the institutions and policies produced by unique ideas such as God-given inalienable rights, individualism, limited government, full republicanism, and an educated and virtuous citizenry.”³ But Throckmorton and Coulter launch into a lengthy exegesis, quoting a number of liberal professors to prove that American Exceptionalism is a bad thing, not something good.⁴ So from the start, these two make clear that they object to the philosophy I set forth that America’s blessings, prosperity, and liberties are the result of God-given rights and ideas.

Another insightful moment in their critique occurs when these two try to explain away those 100,000 originals that form much of the basis of my historical works. They attempt to dismiss those works by stating, “While he [Barton] does have a nice collection of Bibles and signatures, he also has a lot of old newspapers which have little relevance to the claims he makes.”⁵

Notwithstanding the fact that they’ve never seen my collection and therefore don’t know what I do have, their comment about old newspapers is particularly revealing. Every genuine historian knows that old newspapers have great significance; in fact, it is hard to underestimate the importance of old newspapers in the way that these two have done. While newspapers do not replace primary source writings when such are available, there are definitely many times that newspapers themselves become the primary source documents and therefore cannot be dismissed out of hand as these two professors have done.

Significantly, many of the writings of the Founding Fathers, including the indispensable Federalist Papers, first appeared as newspaper articles; and old newspapers regularly contain noteworthy historical information found in no other source. For example, nowhere in George Washington’s writings does he say that he leaned over and kissed the Bible at his inauguration, but numerous old newspapers reporting those proceedings establish that fact (along with reporting the six other religious activities that occurred at his inauguration). So, contrary to their preposterous claim, old newspapers do have much relevance, not only to my claims but also those made by many other historical writers as well.

Furthermore, while my collection does include a “nice collection of Bibles and signatures,” it also has scores of full-length books by Founding Fathers as well as countless legal works, court rulings, religious sermons, military writings, original documents from black history, women’s history, and writings in scores of other areas. Yet even if it were nothing more than a “nice collection of Bibles and signatures,” that would still be significant, for that collection contains Bibles such as the John Thompson Bible of 1798, which documents Jefferson’s role in helping print that Bible – an aspect of Jefferson’s actions that these professors foolishly dismiss as being insignificant.

But aside from their flawed view about the importance of specific types of original documents, consider some of the absurdities contained in their critique. For example, Throckmorton and Coulter object to my statement that, “In 1803, President Jefferson signed a treaty with the Kaskaskia tribe to provide them Christian ministry and teaching.”⁶ To prove their objection, they quote the treaty, including the part stating:

And whereas, the greater part of the said [Kaskaskia] tribe have been baptised [sic] and received into the Catholic church to which they are much attached, the United States will give annually for seven years one hundred dollars towards the support of a priest of that religion, who will engage to perform for the said tribe the duties of his office and also to instruct as many of their children as possible in the rudiments of literature. And the United States will further give the sum of three hundred dollars to assist the said tribe in the erection of a church.⁷

This treaty is signed at the bottom by President Thomas Jefferson and Secretary of State James Madison.

So, let’s see: I state that Jefferson signed a treaty “with the Kaskaskia tribe to provide them Christian ministry and teaching,” and the two provide the part of the treaty proving that it does. I made the simple statement; they show documentation that the statement was correct; end of story, right? Hardly! After proving that the treaty does indeed have that provision, they then launch into a lengthy explanation attempting to show why that provision is really not important. It is amusing to see the lengths to which they go in their convoluted attempts to explain why historical documents do not really mean what they actually say.

Similarly, I state that “Other presidential actions of Jefferson include . . . closing presidential documents with the appellation, ‘In the year of our Lord Christ’.”⁸ I then include in the book a picture of such a signed document. But Throckmorton and Coulter dismiss that document with the statement that “we know of no other document signed by Jefferson with the phrase ‘in the year of our Lord Christ’ printed on the form.”⁹ So apparently, since they personally know of no other similar documents, then the one I showed apparently means nothing (at least to them). Significantly, however, we personally own other such Jefferson documents; and literally scores, if not hundreds, of similar Jefferson documents are contained in other libraries and archives. But because these professors don’t personally know about them, then they apparently don’t exist! Clearly, so strong are their own personal predilections about Jefferson that they won’t even allow what they see with their own eyes to alter their predetermined conclusions.

Throckmorton and Coulter also object to my statement that “in 1798, Jefferson personally helped finance the printing of one of America’s groundbreaking editions of the Bible. That Bible was a massive, two-volume folio set that was not only the largest Bible ever published in America to that time, but it was also America’s first hot-pressed Bible.”¹⁰ That Bible, published by John Thompson, is known as the Thompson Bible; but Throckmorton and Coulter claim that Jefferson subscribing, or helping fund this Bible, is an insignificant and irrelevant thing:

At the completion of the effort [the Bible], the printers compiled a list of subscribers for placement at the end of the second volume. . . . [A]ccording to the subscriber’s list, 1272 people paid to receive one [sic] these Bibles, with Jefferson’s name listed among the subscribers. . . . Certainly, several Founders subscribed. . . . The subscribers were not investors in the project. The investors in the project were printers, John Thompson and Abraham Small.¹¹

As they do so often throughout their critique, they entirely miss the primary point obviously being made in that section of the book – which is that individuals associate their name and money only in projects with which they have a general philosophical agreement, as Jefferson did here. But if they are right that being a subscriber is trivial and irrelevant, then if we should someday see a racist anti-Semitic publication with Throckmorton’s name listed as a subscriber, we should dismiss it as meaningless??? Hardly! Being a subscriber to a work tells us something of what that person believes and supports – which is why it is significant that Jefferson’s name appeared in the Thompson Bible and that he also offered to help finance other Bibles as well.

Furthermore, the Thompson Bible was one of many examples I provided to demonstrate occasions where Jefferson helped promote/fund/print the traditional unedited Bible. But Throckmorton and Coulter deliberately ignore this broader point and devolve into a pointless discussion about what a subscriber is. On multiple occasions, these two acknowledge that the particular fact I set forth did indeed happen but then try to shift the focus away from the self-evident simplicity of that which appears in the original documents.

(By the way, contrary to their errant claim, subscribers definitely were investors, for frequent was the occasion when printers were unable to publish a work due to a lack of subscribers.¹² It was common that if printers or authors did not have sufficient up-front, in-hand funds from subscribers, the work was not printed; so subscribers definitely were investors in the work.)

Another of their oft-repeated complaints is that I don’t include enough of what they personally consider to be negative things about Jefferson. But part of the reason I wrote my book was to reintroduce the numerous good things about Jefferson that so many of today’s Deconstructionist scholars refuse to acknowledge. Strikingly, if most of today’s academics were to write a biography about the Biblical David, they would undoubtedly include what occurred with Bathsheba, Uriah, Absalom, and Adonijah but completely ignore David’s role as the courageous shepherd who slew the lion and the bear, the fearless youth who defeated Goliath, the beloved leader venerated by his nation, and the tender and repentant individual who was a devout worshipper of God – they would highlight the bad and downplay the good.

Sadly, many of today’s academics miss the big things in history and focus on the miniscule. They would have fit well into medieval times, when the scholars of that era vigorously debated what they believed to be the compelling issues of that day – such as how many angels would fit on the point of a needle,¹³ or whether God in His majesty could create a rock so big that God in His power could not move it. They were completely out of touch with society and even accelerated its decline by remaining focused on meaningless trivia and minutia – or as Jesus said, they were able to find what they believed to be the microscopic speck of sawdust in someone else’s eye but completely miss the obvious plank in their own.

Clay S. Jenkinson

Clay Jenkinson also wrote a scathing review of The Jefferson Lies. He is described as “an American humanities scholar, author, and educator” who “co-hosts public radio’s The Jefferson Hour” and “lectures at Dickinson State University and Bismarck State College.”¹⁴ Interestingly, to prove me wrong, Jenkinson uses the very historical malpractices that my book is written to expose – including lifting very short phrases from lengthy historical writings and making them say the reverse of what they actually say.

For example, I provide scores of Jefferson’s own writings and declarations to conclusively demonstrate that he was not a deist; but Jenkinson completely dismisses all of that documentation on the basis of six words that Jefferson told his nephew: “Question with boldness the existence of God.” However, I also used that same six-word phrase in my book – only I printed the entire part of that letter (several pages long) containing that phrase. Jefferson explained that if someone was willing, with an open mind, to “question with boldness the existence of God,” that he would end up proving beyond any shadow of a doubt that there truly was a God.¹⁵ But Jenkinson lifted and used the six-word phrase completely out of context to make it say the opposite of what Jefferson said.

Additionally, Jenkinson, like Throckmorton and Coulter, admits major points I make in The Jefferson Lies but then also tries to explain them away. For example, I show that even though modern scholars repeatedly claim that Jefferson omitted everything related to the Divine and the supernatural from his so-called “Jefferson Bible,” that he actually included Jesus raising the dead, healing the sick, casting out demons, calling Himself the Son of God, speaking of His Second Coming, etc.¹⁶ Jenkinson admits that Jefferson did include these passages but then dismisses them as unimportant by (1) first pointing out that all other scholars similarly dismiss those passages, and (2) then giving his own personal opinion that Jefferson really didn’t believe what he included in that work.¹⁷ This ploy is called “psychohistory,” and results when a modern so-called “psychological” analysis is applied to the actions of a person long dead; “psychobabble” is the result of such an analysis. This trick enables folks like Jenkinson (and scholars like him) to assert that he personally knows what Jefferson was secretly thinking two centuries ago, so therefore whatever Jefferson actually said or did should be completely ignored.

Strikingly, Jenkinson’s attempt to prove me wrong involves: (1) lifting short phrases out of context from Jefferson’s lengthy works; (2) imputing to Jefferson sinister motives that lack historical evidence and can be proven only in the inner workings of Jenkinson’s own mind; and (3) invoking what other academics say about Jefferson rather than using Jefferson’s own words – the very historical malpractices that The Jefferson Lies was written to combat.

Alan Pell Crawford

Alan Crawford, a journalist and author, also penned a review very critical of The Jefferson Lies; and like the others, he, too, resorts to the tools of modern historical malpractice in order to discount the clear message of historical documents. For example, in summarizing my views about Jefferson, Crawford claims:

That Jefferson might have been what we would think of as a deist or even a Unitarian, as many historians believe, Mr. Barton also disputes. Jefferson was “pro-Christian and pro-Jesus,” he says, although he concedes that the president did have a few qualms about “specific Christian doctrines.” The doctrines Jefferson rejected – the Divinity of Christ, the Resurrection, the Trinity – are what place him in the camp of the deists and Unitarians in the first place.¹⁸

Significantly, in the chapter on Jefferson’s religious beliefs, I document that Jefferson went through several religious phases during his life. In the first half of his life, he held orthodox Christian views, and in his “Notes on Religion, 1776,” he consistently expounded what orthodox Christians still believe today. In middle life, his faith faltered when his beloved wife unexpectedly died, but he eventually retained his orthodox beliefs. But many decades later in the last years of his life, he embraced what was known as Christian Restoration or Christian Primitivism, which promoted Unitarianism and called into question some orthodox Christian doctrines, thus reversing his beliefs of earlier decades.

But Crawford, ignoring Jefferson’s many writings documenting his changing religious phases, instead asserts that Jefferson was a Unitarian for his entire life. On what grounds does he claim this? – on the basis of any Jefferson writing? No. Rather, he says it is because “many historians believe . . .” So, like the other critics, Crawford refuses to allow Jefferson to speak for himself but instead believes that only modern academics like himself can speak for Jefferson.

Crawford further claims that “No Jefferson scholar to my knowledge has ever concluded that Jefferson was an ‘atheist,’ as Mr. Barton suggests.”¹⁹ But by this claim, Crawford proves that he has not even read the book he is critiquing, for I begin each chapter with a list of documented quotations from modern writers and scholars repeating a particular lie about Jefferson, and I certainly did that in this chapter as well. But Crawford, like Throckmorton and Coulter, says “to my knowledge,” thus again limiting historical truth to his own personal experience rather than to objective documents and facts.

I find it refreshing and uplifting that ordinary citizens today are hungry to be reconnected with their simple and clearly-documented history – they want to rediscover America’s greatness, find a renewed national purpose, and learn how to get the nation back on track; but just like the citizens in Nehemiah 3:5, Americans have likewise found that most of today’s academics are like the “nobles who would not put their shoulders to the work.” Indeed, far too many scholars, rather than helping restore the nation, insist on destroying American Exceptionalism – on teaching students why they should apologize for America rather than appreciate it. But most Americans today definitely do not agree with these academic elitists – which is why the published attacks of Throckmorton et. al. do not sell well but books like The Jefferson Lies do.

For those who may have been influenced by seeing a negative critique of The Jefferson Lies, I urge you to read the book yourself, examine its 756 footnotes, and allow Jefferson to speak on his own behalf. I predict that if you do, you will be persuaded by the abundance of primary source documentation and will quickly see through the shallow motives behind the critics’ self-serving and disingenuous attacks.

Endnotes

¹ See, for example, “How many copies does an average university press book sell?” Political Science Job Rumors (accessed on July 9, 2012); “Sales Statistics,” How Publishing Really Works, March 17, 2009; Steven Piersanti, “The 10 Awful Truths about Book Publishing,” Berrett-Koehler Publishers, July 26, 2007; etc.

² Warren Throckmorton and Michael Coulter, Getting Jefferson Right: Fact Checking Claims about Our Third President (Grove City, PA: Warren Throckmorton, 2012), “On getting American history wrong.”

³ David Barton, The Jefferson Lies: Exposing the Myths You’ve Always Believed About Thomas Jefferson (Nashville: Thomas Nelson, 2012), xix.

⁴ Throckmorton and Coulter, Getting Jefferson Right (2012), “On getting American history wrong.”

⁵ Warren Throckmorton and Michael Coulter, “The Book David Barton Doesn’t Want You To Read,” Religion Dispatches, June 11, 2012.

⁶ Barton, The Jefferson Lies (2012), 71.

⁷ Throckmorton and Coulter, Getting Jefferson Right (2012), “Did Jefferson provide missionaries to the Kaskaskia Indians?”

⁸ Barton, The Jefferson Lies 2012), 136.

⁹ Throckmorton and Coulter, Getting Jefferson Right (2012), “Did Jefferson sign presidential documents “In the Year of Our Lord Christ?”

¹⁰ Barton, The Jefferson Lies (2012), 68.

¹¹ Throckmorton and Coulter, Getting Jefferson Right (2012), “Most Beautiful Production of Its Nature Hitherto Seen.”

¹² See, for example, “Art by the Book,” The Age, July 22, 2006; “Phillis Wheatley,” Answers.com (accessed on July 11, 2012); Richard Gray, A History of American Literature (West Sussex: Blackwell Publishers, 2012), 155; “A Pair of Albums, Each Titled ‘Sketches of Custome by Coke Smyth,’ Containing Original Watercolours,” AbeBooks.com, book description for John Richard Coke Smyth, A Pair of Albums, Each Titled Sketches of Costume, 1835, accessed on July 11, 2012; “William Hogarth Biography,” Hogarth Biography, accessed on July 11, 2012; and many others.

¹³ Richard Baxter, The Reasons of the Christian Religion (London: R. White, 1667), 530.

¹⁴ “Clay S. Jenkinson,“ Wikipedia, accessed on July 6, 2012.

¹⁵ Barton, The Jefferson Lies (2012), 61-63, quoting Thomas Jefferson, Memoirs, Correspondence, and Miscellanies, ed. Thomas Jefferson Randolph (Boston: Gray and Bowen, 1830), 2:216-218.

¹⁶ Barton, The Jefferson Lies (2012), 73, 80.

¹⁷ Clay S. Jenkinson, “Review of David Barton’s Book The Jefferson Lies: Exposing the Myths You’ve Always Believed about Thomas Jefferson,” The Thomas Jefferson Hour, June 3, 2012.

¹⁸ Alan Pell Crawford, “A Still Unsettling Founding Figure,” The Wall Street Journal, April 13, 2012.

¹⁹ Alan Pell Crawford, “A Still Unsettling Founding Figure,” The Wall Street Journal, April 13, 2012.

* This article concerns a historical issue and may not have updated information.

by David Barton

Some of the first acts of the Obama presidential administration make it clear that there has been a dramatic change in the way that traditional religious faith is going to be handled at the White House. For example, when the White House website went public immediately following President Obama’s inauguration, it dropped the previously prominent section on the faith-based office.

A second visible change was related to hiring protections for faith-based activities and organizations. On February 5, 2009, President Obama announced that he would no longer extend the same unqualified level of hiring protections observed by the previous administration but instead would extend those traditional religious protections to faith-based organizations only on a “case-by-case” basis.¹

Significantly, hiring protections allow religious organizations to hire those employees who hold the same religious convictions as the organization. As a result, groups such as Catholic Relief Services can hire just Catholics; and the same is true with Protestant, Jewish, and other religious groups. With hiring protections, religious groups cannot be forced to hire those who disagree with their beliefs and values – for example, Evangelical organizations cannot be required to hire homosexuals, pro-life groups don’t have to hire pro-choice advocates, etc.

Hiring protections are inherent within the First Amendment’s guarantee for religious liberty and right of association, and were additionally statutorily established in Title VII of the 1964 Civil Rights Act. Congress subsequently strengthened those protections, declaring that any “religious corporation, association, education institution, or society” could consider the applicants’ religious faith during the hiring process.² The Supreme Court upheld hiring protections in 1987,³ and Congress has included those protections in numerous federal laws.⁴ But when Democrats regained Congress in 2007, on a party-line vote they began removing hiring protections for faith-based organizations.⁵

The current concern about the weakening of traditional faith-based hiring protections was heightened when the White House announced President Obama’s commitment to “pass the Employment Non-Discrimination Act, to prohibit discrimination based on sexual orientation.”⁶ This act fully repeals faith-based hiring protections related to Biblical standards of morality and behavior, thus directly attacking the theological autonomy of churches, synagogues, and every other type of religious organization by not allowing them to choose whether or not they want to hire homosexuals onto their ministry staffs.

The administration’s third attack on religion occurred in the President’s stimulus bill, which included a provision specifically denying stimulus funds to renovate higher educational facilities “(i) used for sectarian instruction or religious worship; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.”⁷ As Republican Senator Jim DeMint (SC) explained, “any university or college that takes any of the money in this bill to renovate an auditorium, a dorm, or student center could not hold a National Prayer Breakfast.”⁸ Sen. DeMint therefore introduced an amendment to “allow the free exercise of religion at institutions of higher education that receive funding,”⁹ but his amendment was defeated along a party-line vote.

The fourth attack on tradition religious faith appeared in President Obama’s 2010 proposed budget, which included a seven-percent cut in the deduction for charitable giving. Experts calculate that this will result in a drop of $6 billion in contributions to charitable organizations, including to religious groups.¹⁰

The fifth attack was the White House’s announcement that it will repeal conscience protection for health care workers who refuse to participate in abortions or other health activities that violate their consciences.¹¹

In order to fully understand the far-reaching ramifications of this announcement, it will be helpful to review the history of conscience protection in the United States.

— — — ◊ ◊ ◊ — — —

Today’s liberals and secularists attempt to relegate the effects of America’s Judeo-Christian heritage exclusively to the realm of a personal theological choice, ignoring the fact that Judeo-Christian teachings also encompass a philosophy of living that is directly proportional to the degree of civil liberty enjoyed in a society. Early statesman Dewitt Clinton (1769-1828) correctly recognized that Biblical faith applies not just “to our destiny in the world to come” but also “in reference to its influence on this world,” and therefore must always “be contemplated in [these] two important aspects.”¹²

While today’s post-modern critics refuse to acknowledge the dual aspects of Judeo-Christian faith, America’s Framers wisely recognized and heartily endorsed the influence of those teachings on the civil arena – especially on the formation of America’s unique republican (i.e., elective ) form of government:

The Bible. . . . [i]s the most republican book in the world.¹³ JOHN ADAMS, SIGNER OF THE DECLARATION, FRAMER OF THE BILL OF RIGHTS, U. S. PRESIDENT

I have always considered Christianity as the strong ground of republicanism. . . . It is only necessary for republicanism to ally itself to the Christian religion to overturn all the corrupted political . . . institutions in the world.¹⁴ BENJAMIN RUSH, SIGNER OF THE DECLARATION, RATIFIER OF THE U. S. CONSTITUTION

[T]he genuine source of correct republican principles is the Bible, particularly the New Testament or the Christian religion. . . . and to this we owe our free constitutions of government.¹⁵ NOAH WEBSTER, REVOLUTIONARY SOLDIER, LEGISLATOR, JUDGE

They . . . who are decrying the Christian religion . . . are undermining . . . the best security for the duration of free governments.¹⁶ CHARLES CARROLL, SIGNER OF THE DECLARATION, FRAMER OF THE BILL OF RIGHTS

[T]o the free and universal reading of the Bible . . . men were much indebted for right views of civil liberty.¹⁷ DANIEL WEBSTER, “DEFENDER OF THE CONSTITUTION”

Scores of other Framers, statesmen, and courts made similarly succinct declarations about how the Judeo-Christian Scriptures not only shaped republicanism¹⁸ but also many other unique aspects of our civil culture.

For example, when Benjamin Franklin founded America’s first hospital, he chose the Bible’s story of the Good Samaritan for its logo, with the passage from Luke 10:35 beneath: “Take care of him and I will repay thee.” Significantly, it was Jesus Who not only taught that it was proper to help the hurt (Luke 10:25-37) but He also taught that it was proper to feed the hungry, befriend the stranger, clothe the needy, visit the bedridden, and support the imprisoned (Matthew 25:34-40) – and to do so for strangers (Luke 10:27-37) as well as for enemies (Matthew 9:35-39). His teachings provide the true standard for charitable relief and civil benevolence.

Scriptural teachings were so important to society at large that America’s most famous public school textbooks taught students Biblical teachings such as the Good Samaritan;¹⁹ and even today, states continue to pass “Good Samaritan” statutes to protect willing volunteers (i.e., Good Samaritans) from legal liability for good-faith assistance efforts. Incontrovertibly, Biblical teaching such as the Good Samaritan, the Golden Rule (“Do unto others and you would have them do unto you” Matthew 7:12), and many others have elevated the culture; and even though these specific teachings are exclusive to Christianity, their primary application is to civil society.

The Framers thus properly recognized Christian teachings as the basis of America’s great civil benevolence – its unprecedented willingness to help others:

Christian benevolence makes it our indispensable duty to lay ourselves out to serve our fellow-creatures to the utmost of our power.²⁰ JOHN ADAMS

[T]he doctrines promulgated by Jesus and His apostles [include] lessons of peace, of benevolence, of meekness, of brotherly love, [and] of charity.²¹ JOHN QUINCY ADAMS, U. S. PRESIDENT

Let the religious element in man’s nature be neglected . . . and he becomes the creature of selfish passion. . . . [T]he cultivation of the religious sentiment . . . incites to general benevolence.²² DANIEL WEBSTER

Christianity . . . introduce[ed] a better and more enlightened sense of right and justice. . . . It taught the duty of benevolence to strangers.²³ JAMES KENT, “FATHER OF AMERICAN JURISPRUDENCE”

The Christian philosophy, in its tenderness for human infirmities, strongly inculcates principles of . . . benevolence.²⁴ RICHARD HENRY LEE, SIGNER OF THE DECLARATION, FRAMER OF THE BILL OF RIGHTS

Significantly, nations that are primarily secular in their orientation (or those predominated by non-Judeo-Christian religions such as Islam, Hinduism, Zoroastrianism, Buddhism, Shinto, Confucianism, Jainism, Taoism, Sikhism, Bahá’í, Diasporic, Juche, etc.) rarely become involved in benevolent endeavors, and certainly are not aggressive in organizing humanitarian relief. In fact, when the massive tsunami devastated Muslim Indonesia in 2004, other Muslim nations did little to assist a nation of their own faith, yet America – even though considered by Indonesia’s dominant religion to be the “Great Satan” – was quickly on the scene, providing assistance in money, supplies, labor, and technology.

The benevolence that characterizes America – the compassion and humanitarianism that we have inculcated into our culture – is the unique product of the Bible; and non- and even anti-religious Americans have been trained in Biblical benevolence as characteristic of our culture (even if they do not recognize the source of that principle!).

The Ten Commandments provide another example of Biblical teachings that are also primarily societal. As our early leaders noted:

If “Thou shalt not covet,” and “Thou shalt not steal,” were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free.²⁵ JOHN ADAMS

The law given from Sinai was a civil and municipal as well as a moral and religious code . . . laws essential to the existence of men in society and most of which have been enacted by every nation which ever professed any code of laws.²⁶ JOHN QUINCY ADAMS

The fact that Biblical teachings provided so many positive effects on society has been understood by American leaders for over two centuries. For example, President Harry S. Truman acknowledged:

The fundamental basis of this Nation’s law was given to Moses on the Mount. The fundamental basis of our Bill of Rights comes from the teachings which we get from Exodus and St. Matthew, from Isaiah and St. Paul. I don’t think we emphasize that enough these days.²⁷

President Teddy Roosevelt agreed:

The Decalogue and the Golden Rule must stand as the foundation of every successful effort to better either our social or our political life.²⁸

In short, the Judeo-Christian system is the basis of many of our cherished civil traits – including our current affection for and commitment to protecting the RIGHTS OF CONSCIENCE.

According to America’s first dictionary, “CONSCIENCE” is:

Internal judgment of right and wrong; the principle within us that decides on the lawfulness or unlawfulness of our own actions and instantly approves or condemns them. Conscience is first occupied in ascertaining our duty before we proceed to action, then in judging of our actions when performed. Conscience is called by some writers the moral sense.²⁹

That dictionary then gave a Biblical example to illustrate the meaning of the word:

Being convicted by their own conscience, they went out one by one. John 8.³⁰

Significantly, Christ and His Apostles made the rights of conscience a repeated subject of emphasis, with thirty references to that topic in the New Testament alone. The warning is even issued that if an individual “wounds a weak conscience of another, you have sinned” (1 Corinthians 8:12). Christians were therefore instructed to respect the differing rights of conscience (v. 13). (See also I Corinthians 10:27-29.) Christianity set forth clear protection for the rights of conscience.

However, in the twelve centuries that comprised the Dark Ages, the church sadly abandoned those doctrines; but beginning in the fifteenth century, Biblical leaders began to re-embrace those original teachings. As a result, Menno Simons in Friesland (central Europe),³¹ Jacobus Arminius in Netherlands,³² John Calvin in France,³³ and others, advocated a return to protection for the rights of conscience. Subsequent writers, including Christian philosophers such as John Locke and Charles Montesquieu, also encouraged protection for the rights of conscience that had been reintroduced by Christian leaders.³⁴

Those renewed Biblical teachings on protecting the rights of conscience were eventually carried to America, where they took root and grew to maturity at a rapid rate, having been planted in virgin soil completely uncontaminated by the apostasy of the previous twelve centuries. Hence, Christianity – especially as imported to America – became the world’s single greatest historical force in securing non-coercion and the rights of conscience.

For example, in 1640 when the Rev. Roger Williams established Providence, he penned its governing document declaring:

We agree, as formerly hath been the liberties of the town, so still, to hold forth liberty of conscience.³⁵

Similar protections also became part of subsequent early American documents, including the 1649 Maryland “Toleration Act,”³⁶ the 1663 charter for Rhode Island,³⁷ the 1664 Charter for Jersey,³⁸ the 1665 Charter for Carolina,³⁹ and the 1669 Constitutions of Carolina.⁴⁰ Christian minister William Penn incorporated the same protections into the governing documents he authored, including in 1676 for West Jersey,⁴¹ in 1682 for Pennsylvania,⁴² and in 1701 for Delaware.⁴³ There are many additional examples.

Historically speaking, it was the followers of Biblical Christianity who vigorously pursued and first achieved the protection for the rights of conscience that subsequently became a central characteristic of the American civil fabric. Even Roscoe Pound (1870-1964; a professor at four different law schools and the Dean of the law schools at Harvard and the University of Nebraska) acknowledged that it was the Biblical-minded Puritans who first brought these rights to the forefront of civil protection;⁴⁴ and in the words of an 1824 court:

[B]efore [the American colonial] period, the principle of liberty of conscience appeared in the laws of no people, the axiom of no government, the institutes of no society, and scarcely in the temper of any man.⁴⁵

So thoroughly was American thinking inculcated with protecting conscience that when America separated from Great Britain in 1776, the original state constitutions immediately secured the rights of conscience so long expounded by Christian leaders. (See, for example, the constitutions of Virginia, 1776;⁴⁶ Delaware, 1776;⁴⁷ North Carolina, 1776;⁴⁸ Pennsylvania, 1776;⁴⁹ New Jersey, 1776;⁵⁰ Vermont, 1777;⁵¹ New York, 1777;⁵² South Carolina, 1778;⁵³ Massachusetts, 1780;⁵⁴> New Hampshire, 1784;⁵⁵ etc.)

America’s Framers openly praised those protections. For example, Governor William Livingston (a devout Christian and a signer of the U. S. Constitution) declared:

Consciences of men are not the objects of human legislation.⁵⁶

John Jay (an author of the Federalist Papers, original Chief Justice of the U. S. Supreme Court, and President of the American Bible Society) likewise rejoiced that:

Security under our constitution is given to the rights of conscience.⁵⁷

Thomas Jefferson (a signer of the Declaration and a U. S. President) repeatedly praised America’s protections for the rights of conscience:

No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience.⁵⁸

[O]ur rulers can have no authority over such natural rights only as we have submitted to them. The rights of conscience we never submitted.⁵⁹

A right to take the side which every man’s conscience approves . . . is too precious a right – and too favorable to the preservation of liberty – not to be protected.⁶⁰

It is inconsistent with the spirit of our laws and Constitution to force tender consciences.⁶¹

James Madison (a signer of the Constitution, a framer of the Bill of Rights, and a U. S. President) similarly affirmed:

Government is instituted to protect property of every sort. . . . [and] conscience is the most sacred of all property.⁶²

Clearly, the right of conscience was a precious right under our Constitution. Today, the safeguards for the rights of conscience originally pioneered by Christian leaders now appear in forty-seven state constitutions and have been extended to cover many diverse areas of life. Consequently:

• pacifists and conscientious objectors are not forced to fight in wars;⁶³
• Jehovah’s Witnesses are not required to say the Pledge of Allegiance in public schools;⁶⁴
• the Amish are not required to complete the standard compulsory twelve years of education;⁶⁵
• Christian Scientists are not forced to have their children vaccinated or undergo medical procedures often required by state laws;⁶⁶
• Muslim and Jewish men are not required to shave their beards in jobs that otherwise require employees to be clean-shaven;⁶⁷
• Seventh-Day Adventists cannot be penalized for refusing to work at their jobs on Saturday;⁶⁸

and there are many additional examples.

America has a centuries-long and cherished tradition of protection for the rights of conscience, but President Obama has announced that he will rescind regulations protecting those rights for medical workers.

Significantly, immediately after the Supreme Court’s Roe v. Wade abortion-on-demand decision, Congress promptly passed medical conscience protection to prohibit discrimination against doctors and nurses who for conscience sake declined to participate in abortions; the law even ordered that federal funds be withheld from medical institutions not providing conscience protection.⁶⁹ (Those federal requirements were included in a series of acts from the 1970s through 2008.⁷⁰)

While medical conscience protections originally centered on abortion,⁷¹ they were soon expanded to include other controversial medical areas, including sterilization,⁷² contraception,⁷³ and executions.⁷⁴ More recent areas of medical conscience concern include issues related to artificial insemination of lesbian couples, “surrogate” motherhood, cloning, embryonic stem-cell procedures, and euthanasia.

In fact, many doctors and pharmacists are completely unwilling to prescribe abortifacient drugs or to dispense the life-ending drugs associated with Washington State’s law authorizing euthanasia.

Even though conscience protections for medial personnel are deeply-rooted in federal law, a recent review found that federal funds were improperly being given to medical facilities and programs that did not provide conscience protection for workers – a violation of federal law. Therefore, Mike Leavitt, the former Secretary of the Department of Health and Human Services, instituted new regulations to “cut off federal funding for any state or local government, hospital, health plan, clinic or other entity that does not accommodate doctors, nurses, pharmacists and other employees who refuse to participate in care they find ethically, morally, or religiously objectionable.”⁷⁵

As the Department of Health and Human Services explained: “Over the past three decades, Congress enacted several statutes to safeguard the freedom of health care providers to practice according to their conscience. The new regulation will increase awareness of and compliance with these laws.”⁷⁶ Under those regulations, some 584,000 health-care organizations must provide written certification that they are in compliance with current federal laws on conscious protection or else lose federal funding (or even return funding they have already received).

The response of pro-abortion advocates to enforcing the existing conscience protection regulations was immediate:

• In the U. S. Senate in 2008, Senators Patty Murray (D-Wash) and Hillary Rodham Clinton (D-N.Y) filed S. 20⁷⁷ to invalidate the conscience protection regulations.
• In 2009, the ACLU and pro-abortion groups filed a lawsuit against the regulations.⁷⁸
• President Obama announced that he would rescind the conscience protections.⁷⁹

It is regrettable not only that the President should actively encourage non-enforcement of existing federal laws but that he should also seek to coerce healthcare workers to participate in performing abortions or other medical practices that violate their moral, ethical, or religious convictions.

The response of many physicians to the President’s announcement was clear and unambiguous. For example, U. S. Senator Tom Coburn (a practicing ob/gyn physician who is strongly pro-life) announced:

“I think a lot of us will go to jail.” . . . Coburn meant that doctors, himself included, are willing to defy the law before agreeing to perform medical procedures that violate their conscience.⁸⁰

Regrettably, with the repeal of medical conscience protection regulations, many healthcare professionals may be forced to choose between their conscience and their career. Yet, why stop here? Why not force Jehovah’s Witnesses to say the Pledge of Allegiance or forfeit access to public education? Or why not require pacifists to go to war or lose government benefits such as Social Security or Medicaid? Every one of these coercive scenarios should be reprehensible to citizens – and so, too, should be the repeal of conscience protection for healthcare workers.

Protection for the rights of conscience and non-coercion is just one more reason that Biblical Judeo-Christianity is so beneficial to a culture, and why religious influence must be preserved in America today and secularism must be resisted. History – both ancient and modern – demonstrates that neither secular, Islamic, Hindu, Buddhist, nor any other non-Judeo-Christian nation offers the societal benefits enjoyed in Judeo-Christian America.

Endnotes

¹ David Brody, The Brody File, “The Faith-Based ‘Hiring Protection’ Issue,” February 5, 2009 (at: https://www.cbn.com/cbnnews/535994.aspx).

² “Title VII of the Civil Rights Act of 1964,” The U.S. Equal Employment Opportunity Commission (at: https://www.eeoc.gov/policy/vii.html).

³ Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987).

⁴ President Clinton signed four such laws, including the 1996 Welfare Reform Act and the 1998 Community Services Block Grant Act. In the 108th Congress, hiring protections for faith-based organizations were included in Head Start and the Workforce Investment Act (WIA). Congress also reaffirmed hiring protections for private schools that participate in the D.C. voucher program enacted in the Fiscal 2004 Omnibus Appropriations Act. See, for example, “Public Law 104-193, 104th Congress,” GPO.gov, August 22, 1996 (at: https://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ193.104); “Community Services Block Grant Act,” National Community Action Foundation (accessed on March 12, 2009).

⁵ See, for example, “Conference Report on H.R. 1429 – Improving Head Start Act of 2007,” which notes “Representative Fortuno [Republican] sought to add hiring protections to the Head Start Reauthorization by offering an amendment in Committee, but the amendment failed along a party line vote. Rep. Fortuno also submitted his amendment to Rules when H.R. 1429 was brought to the House floor for a vote, but the [Democrat] Rules Committee did not allow his amendment. During debate on H.R. 1429, the Republican Motion to Recommit offered would have allowed faith-based organizations that receive Head Start funding to be able to hire individuals based upon religious affiliation or belief. The MTR explicitly prohibited federal funds from being used for worship, instruction or proselytization. The MTR would have also prohibited the federal government from requiring a faith-based organization to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. While the House debated the issue of faith-based hiring protections, the Senate bill did not include language to allow faith-based organizations to be providers. This conference report codifies the provision which allows faith-based organizations to be providers, however, it does not contain language that would provide hiring protections to such organizations. Simply, this conference report would mean that faith-based organizations that run Head Start programs would have to hire any person who has the appropriate credentials, even if he or she does not agree with the faith or adhere to the mission of the employing organization.” See this at Republican Study Committee, November 14, 2007.

⁶ The White House, “The Agenda; Civil Rights; Combat Employment Discrimination” (at: https://www.whitehouse.gov/agenda/civil_rights/).

⁷. “H.R. 1: American Recovery and Reinvestment Act of 2009,” Thomas, February 17, 2009 (at: https://thomas.loc.gov/home/approp/app09.html), “Title XIV: State Fiscal Stabilization Fund, Sec. 14004. Uses of Funds by Institutions of Higher Education.”

⁸ “Congressional Record,” Thomas, February 5, 2009, S1650 (at: https://thomas.loc.gov/home/r111query.html).

⁹ “U.S. Senate Roll Call Votes: On the Amendment (DeMint Amdt. No. 189),” United States Senate, February 5, 2009 (at: https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00047).

¹⁰ Karin Hamilton, “Will Obama tax plan hurt religious groups?,” USA Today, March 22, 2009 (at: https://www.usatoday.com/news/religion/2009-03-22-obama-church-giving_N.htm).

¹¹ See, for example, David Stout, “Obama Set to Undo ‘Conscience’ Rule for Health Workers,” New York Times, February 27, 2009.

¹² William W. Campbell, The Life and Writings of DeWitt Clinton (New York: Baker and Scribner, 1849), p. 305, in an address delivered to the American Bible Society, May 8, 1823.

¹³ John Adams and Benjamin Rush, The Spur of Fame: Dialogues of John Adams and Benjamin Rush 1805-1813, John A. Schutz, editor (Indianapolis: Liberty Fund, Inc., 1966) p. 82, letter from John Adams to Benjamin Rush, February 2, 1807.

¹⁴ Benjamin Rush, Letters of Benjamin Rush, L. H. Butterfield, editor (Princeton: Princeton University Press, 1951), Vol. II, pp. 820-821, letter to Thomas Jefferson, August 22, 1800.

¹⁵ Noah Webster, History of the United States (New Haven: Durrie & Peck, 1832), p. 6, 300.

¹⁶ Bernard C. Steiner, The Life and Correspondence of James McHenry (Cleveland: The Burrows Brothers, 1907), p. 475, letter from Charles Carroll to James McHenry, November 4, 1800.

¹⁷ Daniel Webster, Address Delivered at Bunker Hill, June 17, 1843, on the Completion of the Monument (Boston: Tappan and Dennet, 1843), p. 17.

¹⁸ See, for example, John Adams, The Works of John Adams, Charles Francis Adams, editor (Boston: Little, Brown, and Company, 1854), Vol. IX, p. 636, letter to Benjamin Rush, August 28, 1811; John Hancock, Independent Chronicle (Boston newspaper), November 2, 1780, last page; Abram English Brown, John Hancock, His Book (Boston: Lee and Shepard, 1898), p. 269, “Inaugural Address: 1780;” Updegraph v. Commonwealth; 11 Serg. & R. 393, 406 (Sup.Ct. Penn. 1824); Jedidiah Morse, A Sermon, Exhibiting the Present Dangers and Consequent Duties of the Citizens of the United States of America (Hartford: Hudson and Goodwin, 1799), p. 9; Jacob Rush, Charges and Extracts of Charges on Moral and Religious Subjects (Philadelphia Geo Forman, 1804), p. 58, “A Charge on Patriotism,” April, 1799; K. Alan Snyder, Defining Noah Webster: Mind and Morals in the Early Republic (New York: University Press of America, 1990), p. 253, letter to James Madison, October 16, 1829; Noah Webster, A Collection of Papers on Political, Literary, and Moral Subjects (New York: Webster and Clark, 1843), p. 292, “Reply to a Letter of David McClure on the Subject of the Proper Course of Study in the Girard College, Philadelphia,” October 25, 1836; John Witherspoon, The Works of the Rev. John Witherspoon (Philadelphia: William W. Woodard, 1802), Vol. III, pp. 41-42, 46, “The Dominion of Providence Over the Passions of Men,” May 17, 1776; and many, many others.

¹⁹ William H. McGuffey, McGuffey First Reader (Cincinnati: Truman and Smith, 1836-1853), Lesson XX, p. 47.

²⁰ John Adams, Familiar Letters of John Adams and His Wife Abigail Adams, During the Revolution (Boston: Houghton, Mifflin and Company, 1875), p. 118, letter to Abigail Adams, October 29, 1775.

²¹ John Quincy Adams, An Oration Delivered Before the Inhabitants of the Town of Newburyport at Their Request on the Sixty-First Anniversary of the Declaration of Independence (Newburyport: Morss and Brewster, 1837), p. 61.

²² Daniel Webster, The Works of Daniel Webster (Boston: Little, Brown and Company, 1853), Vol. II, p. 615, “The Addition to the Capitol,” July 4, 1851.

²³ James Kent, Commentaries on American Law (New York: O. Halsted, 1826), Vol. I, p. 10.

²⁴ Richard Henry Lee, The Letters of Richard Henry Lee, James Curtis Ballagh, editor (New York: The Macmillan Company, 1914), Vol. II, p. 343, letter to Samuel Adams, March 14, 1785.

²⁵ John Adams, A Defense of the Constitution of Government of the United States of America (Philadelphia: William Young, 1797), Vol. III, p. 217, “The Right Constitution of a Commonwealth Examined,” Letter VI.

²⁶ John Quincy Adams, Letters of John Quincy Adams to His Son on the Bible and Its Teachings (Aubrun, NY: Derby, Miller & Co, 1848), p. 61.

²⁷ Harry S. Truman, “Address Before the Attorney General’s conference on Law Enforcement Problems,” February 15, 1950, American Presidency Project (at: https://www.presidency.ucsb.edu/ws/?pid=13707).

²⁸ Theodore Roosevelt, American Ideals, The Strenuous Life, Realizable Ideals (New York: Charles Scribner’s Sons, 1926), pp. 498-499.

²⁹ Noah Webster, Dictionary (1828), s. v. “conscience.”

³⁰ Noah Webster, Dictionary (1828), s. v. “conscience.”

³¹ Menno Simon, The Complete Works of Menno Simon (Ann Arbor: University of Michigan Library, 2005), p. 118, “A Brief Complaint or Apology of the Despised Christians and Exiled Strangers,” (at: https://www.hti.umich.edu/cgi/t/text/text-idx?c=moa;cc=moa;rgn=main;view=text;idno=AGV9043.0002.001); or (at: https://www.hti.umich.edu/cgi/t/text/pageviewer-idx?c=moa;cc=moa;idno=AGV9043.0002.001;seq=118).

³² “The Works of James Arminius: Vol. 2, Disputation LVI on the Power of the Church in Enacting Laws,” Christian Classics Ethereal Library (at: https://www.ccel.org/ccel/arminius/works2.txt) (accessed on March 12, 2009).

³³ John Calvin, Institutes of the Christian Religion (Grand Rapids, MI: William B. Eerdmans Publishing Co., 1989), Book 3: Chapter 19, §14, p. 140, Book IV, Chapter 10, Sec. 5, pp. 416-417 (at: https://www.ccel.org/ccel/calvin/institutes.txt).

³⁴ John Locke, A Letter Concerning Toleration (York: Wilson, Spence and Mawman, 1788), pp. 17-25, 31-33, 45, 55, 65-69, 89, 91, 93, John Locke, “A Letter Concerning Toleration,” The Founders Constitution (at: https://press-pubs.uchicago.edu/founders/documents/amendI_religions10.html) (accessed on March 17, 2009). See also Baron de Montesquieu, “Spirit of Laws,” The Founders Constitution, Bk. 12, Chs. 4, 5, 1748 (at: https://press-pubs.uchicago.edu/founders/documents/amendI_religions12.html).

³⁵ “Plantation Agreement at Providence,” The Avalon Project, August 27 – September 6, 1640 (at: https://avalon.law.yale.edu/17th_century/ri01.asp).

³⁶ William MacDonald, Select Charters and Other Documents Illustrative of American History 1606-1775 (New York: MacMillan Company, 1899), p. 104-106, “Maryland Toleration Act,” April, 1649.

³⁷ The Federal and State Constitutions, Colonial Charters and Other Organic Laws, Francis Newton Thorpe, editor (Washington: Government Printing Office, 1909), Vol. VI, p. 3211, “Charter of Rhode Island and Providence Plantations-1663.”

³⁸ “The Concession and Agreement of the Lords Proprietors of the Province of New Caesarea, or New Jersey,” The Avalon Project, 1664 (at: https://avalon.law.yale.edu/17th_century/nj02.asp).

³⁹ “Charter of Carolina,” June 30, 1665, The Avalon Project (at: https://avalon.law.yale.edu/17th_century/nc04.asp).

⁴⁰ “Fundamental Constitution of Carolina,” March 1, 1669, The Avalon Project, (at: https://avalon.law.yale.edu/17th_century/nc05.asp).

⁴¹ “The Charter or Fundamental Laws of West New Jersey,” 1676, The Avalon Project (at: https://avalon.law.yale.edu/17th_century/nj05.asp).

⁴² “Frame of Government of Pennsylvania,” May 5, 1682, The Avalon Project (at: https://avalon.law.yale.edu/17th_century/pa04.asp).

⁴³ “Charter of Delaware,” October 28, 1701, University of Maryland (at: https://www.stateconstitutions.umd.edu/Thorpe/display.aspx?ID=119).

⁴⁴ Roscoe Pound, The Spirit of the Common Law (Boston: Marshall Jones Company, 1921), p. 42.

⁴⁵ Updegraph v. The Commonwealth, 11 S. & R. 394 (Sup. Ct. Pa. 1824).

⁴⁶ The American’s Guide: Comprising the Declaration of Independence; the Articles of Confederation; the Constitution of the United States, and the Constitutions of the Several States Composing the Union (Philadelphia: Hogan & Thompson, 1845), p. 180, Virginia, June 12, 1776, Art. XVI, “Bill of Rights.”

⁴⁷ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), p. 91, Delaware, September 10, 1776, Art. 2, “A Declaration of Rights and Fundamental Rules of the Delaware State.”

⁴⁸ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), p. 132, North Carolina, December 18, 1776, Art. 19, “A Declaration of Rights.”

⁴⁹ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), p. 77, Pennsylvania, September 28, 1776, Ch. 1, Art. 2, “A Declaration of the Rights of the Inhabitants of the State of Pennsylvania.”

⁵⁰ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), p. 73, New Jersey, July 2, 1776, Art. XVIII, “Constitution of New Jersey.”

⁵¹ The Federal and State Constitutions, Colonial Charters, and Other Organic Laws, Francis Newton Thorpe, editor (Washington: Government Printing Office, 1909), Vol. VI, p. 3740, Vermont, July 8, 1777, Ch. 1, Art. III, “A Declaration of the Rights of the Inhabitants of the State of Vermont.”

⁵² The Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), p. 67, New York, April 20, 1777, Art. 38, “Constitution of New York.”

⁵³ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), pp. 152-154, South Carolina, March 19, 1778, Art. 38, “Constitution of the State of South Carolina.”

⁵⁴ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), p. 6, Massachusetts, March 2, 1780, Part 1, Art. II, “A Declaration of Rights of the Inhabitants of the Commonwealth of Massachusetts.”

⁵⁵ Constitutions of the Several Independent States of America (Boston: Norman & Bowen, 1785), pp. 3-4, New Hampshire, June, 1784, Part 1, Art. 1, No. 5, “The Bill of Rights.”

⁵⁶ B. F. Morris, Christian Life and Character of the Civil Institutions of the United States, Developed in the Official and Historical Annals of the Republic (Philadelphia: George W. Childs, 1864) pp. 162-163.

⁵⁷ B. F. Morris, Christian Life and Character of the Civil Institutions of the United States, Developed in the Official and Historical Annals of the Republic (Philadelphia: George W. Childs, 1864), p. 152.

⁵⁸ Thomas Jefferson, The Writings of Thomas Jefferson, Andrew A. Lipscomb, editor (Washington, D.C.: The Thomas Jefferson Memorial Association, 1904), Vol. XVI, p. 332, letter to the Society of the Methodist Episcopal Church at New London, CT, February 4, 1809.

⁵⁹ Thomas Jefferson, Notes on the State of Virginia (Philadelphia: Matthew Carey, 1794), Query XVII, p. 213.

⁶⁰ Thomas Jefferson, The Papers of Thomas Jefferson, Julian P. Boyd, editor (Princeton: Princeton University Press, 1953), Vol. VIII, p. 260, letter to Katherine Sprowle Douglas, July 5, 1785.

⁶¹ Thomas Jefferson, Papers (1951), Vol. IV, p. 404, “Proclamation Concerning Paroles,” January 19, 1781.

⁶² James Madison, The Writings of James Madison, Gaillard Hunt, editor (New York: G. P. Putnam’s Sons, 1906), Vol. VI, p. 102, “Property,” from the National Gazette, March 29, 1792.

⁶³ United States v. Seeger, 380 U.S. 163 (1965).

⁶⁴ West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943).

⁶⁵ Wisconsin v. Yoder, 406 U.S. 205 (1972).

⁶⁶ See, for example, “Some parents falsely claim religious objections to child vaccines,” Associated Press, October 27, 2007.

⁶⁷ Potter v. District of Columbia, Civil Action No. 01-1189 (D.D.C. Sept. 28, 2007).

⁶⁸ Hobbie v. Unemployment Appeals Commission of Florida, 480 U.S. 136 (1987); Sherbert v. Verner, 374 U.S. 398, 409 (1963).

⁶⁹ 42 U.S.C. § 300a-7.

⁷⁰ See, Federal Register: December 19, 2008 (Volume 73, Number 245), Rules and Regulations, Pages 78071-78101, from the Federal Register Online via GPO Access, DOCID:fr19de08-20, Page 78071, Part VI, Department of Health and Human Services. A series of acts from 1970-2004 were passed on this issue, including the Public Health Service Act of 1996, and the Weldon Act of 2004. See also “Testimony Re: Abortion Non-Discrimination Act: The Committee on Energy and Commerce,” The Protection of Conscience Project, July 11, 2002.

⁷¹ See, for example, 42 U.S.C. § 300a-7(b) (prohibiting public discrimination against individuals and entities that object to performing abortions on the basis of religious beliefs or moral convictions); 42 U.S.C. § 300a-7(c) (prohibiting entities from discriminating against physicians and health care personnel who object to performing abortions on the basis of religious beliefs or moral convictions); 42 U.S.C. § 300a-7(e) (prohibiting entities from discriminating against applicants who object to participating in abortions on the basis of religious beliefs or moral convictions); 42 U.S.C. § 238n (prohibiting discrimination against individuals and entities that refuse to perform abortions or train in their performance); 20 U.S.C. § 1688 (ensuring that federal sex discrimination standards do not require educational institutions to provide or pay for abortions or abortion benefits).

⁷² See, for example, 42 U.S.C. § 300a-7(b) (prohibiting public discrimination against individuals and entities that object to performing sterilizations on the basis of religious beliefs or moral convictions); 42 U.S.C. § 300a-7(c) (prohibiting entities from discriminating against physicians and health care personnel who object to performing sterilizations on the basis of religious beliefs or moral convictions); 42 U.S.C. § 300a-7(e) (prohibiting entities from discriminating against applicants who object to participating in sterilizations on the basis of religious beliefs or moral convictions).

⁷³ See, for example, Treasury and General Government Appropriations Act, 2002, Pub. L. No. 107-67, § 641, 115 Stat. 514, 554-5 (prohibiting health plans participating in the federal employee health benefits program from discriminating against individuals who, for religious or moral reasons, refuse to prescribe or otherwise provide for contraceptives, and protecting the right of health plans that have religious objections to contraceptives to participate in the program).

⁷⁴ See, for example, 18 U.S.C. § 3597(b) (providing that no state correctional employee or federal prosecutor shall be required, as a condition of employment or contractual obligation, to participate in any federal death penalty case or execution if contrary to his or her moral or religious convictions).

⁷⁵ Rob Stein, “Rule Shields Health Workers Who Withhold Care Based on Beliefs,” Washington Post, December 19, 2008, Page A10 (at: https://www.washingtonpost.com/wp-dyn/content/article/2008/12/18/AR2008121801556.html).

⁷⁶ “News Release: HHS Issues Final Regulation to Protect Health Care Providers from Discrimination,” U.S. Department of Health and Human Services, December 18, 2008.

⁷⁷ “S. 20: To Prohibit the Implementation or Enforcement of Certain Regulations,” Thomas, November 20, 2008. See also “Senators Clinton and Murray Introduce Legislation to Stop New HHS Rule that Would Undermine Women’s Health Care,” United States Senate, November 20, 2008.

⁷⁸ “ACLU Files Lawsuit Against Conscience Protection Rules,” Catholic News Agency, January 17, 2009.

⁷⁹ “Health Workers ‘Conscience’ Rule Set to Be Voided,” The Washington Post, February 28, 2009, A01 (at: https://www.washingtonpost.com/wp-dyn/content/article/2009/02/27/AR2009022701104.html).

⁸⁰ Josiah Ryan, “U. S. Senator Says He Would Practice Civil Disobedience If Obama Repeals Abortion ‘Conscience Clause’,” CNSNews, March 2, 2009.

* This article concerns a historical issue and may not have updated information.