
This is the first in a series of essays in which I hope to examine the history of American religious liberty—in particular, the backstory, interpretations, and shifting moral valence of the Establishment and Free Exercise Clauses of the Constitution.
“The past is never dead. It’s not even past.”[1] The immediate historical backstory against which the Establishment Clause is set is the institution of the European state churches that impelled many colonists to leave Europe in pursuit of religious freedom. Most historical accounts of the Establishment Clause begin and end here. But the background of European state churches is the Peace of Westphalia, the religio-political wars that preceded it, and the Reformation.[2] Some historical accounts reach this far back. But to thoroughly understand the significance of the Establishment Clause I think we need to reach further—all the way back to pre-history. Continue reading




