An insightful rethinking of the meaning of the First Amendment's
protection of religious freedom. The Founders understood religious
liberty to be an inalienable natural right. Vincent Phillip Munoz
explains what this means for church-state constitutional law,
uncovering what we can and cannot determine about the original
meanings of the First Amendment's Religion Clauses and constructing
a natural rights jurisprudence of religious liberty. Drawing on
early state constitutions, declarations of religious freedom,
Founding-era debates, and the First Amendment's drafting record,
Munoz demonstrates that adherence to the Founders' political
philosophy would lead neither to consistently conservative nor
consistently liberal results. Rather, adopting the Founders'
understanding would lead to a minimalist church-state jurisprudence
that, in most cases, would return authority from the judiciary to
the American people. Thorough and convincing, Religious Liberty and
the American Founding is key reading for those seeking to
understand the Founders' political philosophy of religious freedom
and the First Amendment Religion Clauses.
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