Prior to the American Revolution, American churches enjoyed a remarkable degree of freedom by the standards of Europe at the time. Pastors from the pulpit criticized governments, policies, and other matters. They defended their own theological positions, often using extremel language in criticizing opponents. In particular, many Protestant groups criticized the Roman Catholic Church.
During the American Revolution, pastors played an important role, and many served in Washington’s army. As an example, in 1774, two full years before the Declaration of Independence, the Provincial Congress of Massachusetts stated:
“…we cannot but acknowledge the goodness of Heaven in constantly supplying us with preachers of the Gospel whose concern has been the temporal and spiritual happiness of this people…and do therefore recommend…that they assist us in avoiding that dreadful slavery with which we are now threatened…” [1]
Jonas Clark, Pastor of the Church in Lexington, Massachusetts, was a case in point. He actively authored many papers recording the town’s position on liberty. Without him, there may have been no “shot heard round the world!” [2]
The Danbury Letter.
As mentioned last week, when North Americans gained their freedom from Great Britain, during the time of the Articles of Confederation and the adoption of the Constitution, many feared that various states might adopt a “State Religion,” limiting the religious freedom of other groups. The First Amendment responded to that fear.
In 1801, the Danbury Baptist Association in Connecticut wrote a letter to Thomas Jefferson, complementing him on his election to the president presidency. In the letter, they expressed their views of the importance of religious liberty to the nation. In the letter, they expressed their hope that Jefferson would express his views as to the importance of religious liberty to the nation.[3] Jefferson, who was himself a deist, responded to the letter defending religious liberty:
Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. [4]
Several points in this response stand out immediately. Jefferson speaks of “natural rights.” Jefferson aligns with the Enlightenment version of the natural law tradition, believing that human nature yields certain rights applicable to all people. This is why, in the Declaration of Independence, he speaks of human beings as endowed by their creator with certain inalienable rights.[5] Jefferson strongly believed that freedom of religion and speech were inherent natural rights belonging to all people, and that the government should not interfere with them. Second, this means the government should not suppress matters of faith and worship or the public expression of views. Third, the government still has the authority to enact laws and ensure people follow them for the benefit of society.
The Purpose of the Phrase “Wall of Separation”
The phrase Wall of Separation” used by Jefferson in his reply has been the source of much controversy. It is important to read carefully what Jefferson said and intended. Jeffersons reply says:
Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State.[6]
Jefferson clearly states that “should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between Church & State.” In other words, the phrase “a wall of separation” was not intended to mean that religion should not influence opinions on issues. The “Wall of Separation” protects religious people’s freedom to practice their religion. In our society, the phrase is too often used to deny religious people the right to speak about their views in public life. Unfortunately, in the hands of modern courts, it has come not to protect religious profession and expression but to limit them. How that came about is a sad and complicated story.
Jefferson and John Adams exchanged a series of letters in their later years (primarily from 1812 to 1826), after reconciling their friendship following years of political estrangement. While their correspondence covered a wide range of philosophical, historical, and personal topics, they also touched on the U.S. Constitution’s role and its implications for future generations, often in the context of governance, aristocracy, and the passage of time.
Jefferson tended to emphasize generational sovereignty—the idea that one generation should not impose binding obligations on the next—echoing his earlier views expressed to James Madison in 1789. Adams, by contrast, stressed institutional continuity, learning from history, and safeguarding their era’s fragile achievements against future threats. Interestingly, both agreed that the free exercise of the Christian religion in particular was important to the success of what has been called “The American Experiment” in free self-government.[7]
In his first Inaugural Address, Jefferson urged his fellow countrymen to put the bitterness of the past campaign to rest and protect the hard-won gains of the American Revolution. He urged a return to reason and the avoidance of political intolerance, which is just as dangerous as religious intolerance. He urges an enlightened religious participation in politics with these words:
Let us, then, with courage and confidence pursue our own Federal and Republican principles, our attachment to union and representative government. Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe; too high-minded to endure the degradations of the others; possessing a chosen country, with room enough for our descendants to the thousandth and thousandth generation; entertaining a due sense of our equal right to the use of our own faculties, to the acquisitions of our own industry, to honor and confidence from our fellow-citizens, resulting not from birth, but from our actions and their sense of them; enlightened by a benign religion, professed, indeed, and practiced in various forms, yet all of them inculcating honesty, truth, temperance, gratitude, and the love of man; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it delights in the happiness of man here and his greater happiness hereafter — with all these blessings, what more is necessary to make us a happy and a prosperous people?[8]
Jefferson in his inaugural address was not advocating a purely secular society, but a society characterized by a virtuous and tolerant citizenry.
In a famous letter to Jefferson, Adams proclaimed:
The general Principles, on which the Fathers Atchieved Independence, were the only Principles in which, that beautiful Assembly of young Gentlemen9 could Unite, and these Principles only could be intended by them in their Address, or by me in my Answer. And what were these general Principles? I answer, the general Principles of Christianity, in which all those Sects were United: And the general Principles of English and American Liberty, in which all those young Men United, and which had United all Parties in America, in Majorities Sufficient to assert and maintain her Independence.[9]
Once again, in this letter, Adams, a deist, was recognizing the importance of faith and moral principles in a seccessful democratic republic.
I’ve taken time to introduce the relationship between church and state, hoping to make the following principle clear: The First Amendment was not designed to protect the state from the church or to shield non-religious people from hearing religious opinions. Rather, it was intended to protect religious people’s right to make their faith known in public life. It was not meant to prevent churches from expressing their views, even when addressing political issues. It was intended to protect that right.
The Wall of Separation in Modern Jurisprudence.
The wall-of-separation argument entered post-World War II Supreme Court jurisprudence in Everson v. Board of Education of the Township of Ewing.[10] In this case, a New Jersey law authorized local school boards to reimburse the costs of transportation to and from schools, including private schools. Nearly all the private schools that benefited from this law were Catholic schools. Everson, a taxpayer in Ewing Township, filed a lawsuit alleging that this indirect aid to religion violated both the New Jersey state constitution and the First Amendment. After losing in state courts, Everson appealed to the U.S. Supreme Court on purely federal constitutional grounds.
Justice Black, writing for the majority, upheld the law and concluded that the division between church and state had not been breached, stating, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. New Jersey has not breached it here.” In reaching that conclusion, the court noted that the statute required reimbursements to be given without regard to religious affiliation to any religious group that qualified for the assistance. In other words, it did not establish your religion.
The majority decision in Ewing met with vigorous, well-reasoned opposition. Justice Jackson focused on the nature of parochial schools and the religious education students inevitably receive there. He dodges the fact that the New Jersey Statute specifically did not establish any religion (the constitutional barrier) and treated all religions equally. Justice Rutledge, in his dissent, makes the point that I want to bring my own analysis upon:
The Amendment’s purpose was not to strike merely at the official establishment of a single sect, creed or religion, outlawing only a formal relation such as had prevailed in England and some of the colonies. Necessarily, it was to uproot all such relationships. But the object was broader than separating church and state in this narrow sense. It was to create a complete and permanent separation of the spheres of religious activity and civil authority by comprehensively forbidding every form of public aid or support for religion. [11]
The phrase “It was to create a complete and permanent separation of the spheres of religious activity and civil authority by comprehensively forbidding every form of public aid or support for religion.” This is not what either the Constitution or the relevant textual history would indicate. This is the importation of what political philosophers call “Sphere Sovereignty” into the Constitution.[12]
Let us remind ourselves of the exact wording of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;….” There was nothing in the New Jersey Law that forced anyone to worship in any particular way or to refrain from worshiping in any way. It neither established a religion nor forced any one to cease worshiping their God. This is the only “Wall of Separation” contained in the Constitution.
At this point, I want to suggest a different way of looking at the issue of the relationship of Church and State and interpreting the First Amendment. The purpose of the Amendment was simply to prohibit the adoption of a mandatory state religion. The reason was not to create a Wall of Separation but to protect religious people and groups from government interference in their religion. There was no notion of protecting the sovereignty of a secular state or of establishing a “Naked Public Square” walled off from interference by religious groups.
In fact, there can be no “Wall of Separation,” which in recent years the majority of the Court has recognized, or should there. Citizens are embodied persons, mind body, soul and spirit, and their religious views and their political views are not separate domains. What is needed is a “Public Sphere of Tolerance” religious people, their moral, political and other views, a Public Sphere of Tolerance into which the government cannot “establish a religion, or prohibit the free exercise thereof.” In this Public Square of Tolerance, all views are weighed and considered as part of the great public project of creating a harmonious and just society.
More to come.
Copyright 2026, G. Christopher Scruggs, All Rights Reserved
[1] Verna M. Hall, Christian History of the American Revolution, (Chesapeake VA: Foundation for American Christian Education, 1976), 402 found at https://heritageministriesky.com/2019/01/17/pastors-inspired-the-american-revolution-3/ (downloaded March 7, 2024).
[2] Id.
[3] Letter of the Danbury Baptist Association to Thomas Jefferson, (after October 7, 1802).
[4] Thomas Jefferson, “Jefferson’s Letter to the Danbury Baptists The Final Letter as Sent” (January 1, 1802), downloaded from the Library of Congress, https://www.loc.gov/loc/lcib/9806/danpre.html (March 7, 2024).
[5] Declaration of Independence (US 1776).
[6] Danbury Letter, Footnote 4 above.
[7] In his first Inaugural Address, George Washington referred to the preservation of the “republican model of government” as an “experiment entrusted to the hands of the American people”, and later remarked that it was the “last great experiment for promoting human happiness”. George Washington, First Inaugural Address (1789).
[8] Thomas Jefferson, First Inaugural Address (March 4, 1801. He concludes, “Relying, then, on the patronage of your good will, I advance with obedience to the work, ready to retire from it whenever you become sensible how much better choice it is in your power to make. And may that Infinite Power which rules the destinies of the universe lead our councils to what is best, and give them a favorable issue for your peace and prosperity.” Neither Adams nor Jefferson believed that religion should be banished from the public square.
[9] Letter from John Adams to Thomas Jefferson, June 28, 1813). Both Adams and Jefferson were deists, not committed to a narrow version of the Christian faith or its implications for public life.
[10] Everson v. Board of Education of the Township of Ewing, 330 U. S. 1 (1947).
[11] Id, 32-33.
[12] “Sphere Sovereignty is a term used by Abraham Kuyper (1837-1920). Kuyper was an influential Calvinist thinker and also the Prime Minister of the Netherlands for a time. In 1880 he gave an important address in which he suggested a mechanical order of sovereignty in which each sphere, secular and sacred had an independent sovereignty which related to each other in a mechanical way. “Now in all of these spheres or circles the cogwheels engage one another, and it is precisely because of the mutual interaction of these spheres that there is an emergence of that rich, many-sided, multi-formed human life; but in that life there is also the danger that one sphere may encroach upon the neighboring sphere; thus causing a wheel to jerk and to break cog upon cog, and interfering with the progress of the whole.” This is not the place to discuss Kuyper’s theory in detail, which I promise to do, God willing at a later time. Abraham Kuyper, “Sphere Sovereignty” tr, George Kamps (Public address delivered at the inauguration of the Free University, Oct. 20, 1880). It goes witboug saying that Kuyper has internalized the common mechanical view of reality that has its limited application in both science and law.









