The Religion Clauses of the First Amendment

Ellis M. West is emeritus professor of political science at the University of Richmond in Virginia.

Preface
Introduction
Clarification of the Issue
The Origin of the "Substantive" Versus "Jurisdictional" Terminology
The Problem with the Word "Substantive"
The Problem with the Word "Jurisdictional"
Must the Religion Clauses Be Either Normative or Federalist?
The Different Federalist Interpretations of the Clauses
A Critical Analysis of the Federalist Interpretation
An Overview of the Arguments
An Assessment of the Arguments' Logic
The Ratification Debate and Proposed Religion Clauses
The Significance of the Debate
Issues: What Kind of Laws Pertaining to Religion Did Both Federalists and Anti-federalists Want to Prohibit, and Why?
The Views of the Federalists
The Views of the Anti-federalists
The Drafting of the Religion Clauses
The Role and Views of James Madison
A Summary of What Happened in the First Congress
The Meaning of the Debate in the House on August 15
Changes in the Wording of the Clauses
The Final Wording of the Establishment Clause
The Relevance of Madison's Amendment to Protect Religious Liberty in the States
Summary
Were the Framers Hopelessly Divided over Government and Religion?
The Case for Lack of Consensus
An Assessment of the Case for Lack of Consensus
The Case for the Existence of Consensus
Conclusion
The Early American Understanding of the Religion Clauses
Comments on the Clauses during Their Ratification
Interpretations of the Clauses by the Clergy
Interpretations of the Clauses by Other Public Figures
Commentaries on the Constitution
The Widespread Belief that the Bill of Rights Applied to the States
Jefferson and Madison's Interpretation of the Clauses
Conclusion
The Federalist Interpretation of the Religion Clauses: A Concluding Assessment