everson board education ewing argued november decided february rehearing denied march see appeal errors appeals state new jersey edward burke hilton jackson washington appellant william speer jersey city appellees justice black delivered opinion new jersey statute authorizes local school districts make rules contracts transportation children schools appellee township board education acting pursuant statute authorized reimbursement parents money expended bus transportation children regular busses operated public transportation system part money payment transportation children community catholic parochial schools church schools give students addition secular education regular religious instruction conforming religious tenets modes worship catholic faith superintendent schools catholic priest appellant capacity district taxpayer filed suit state challenging right board reimburse parents parochial school students contended statute resolution passed pursuant violated state federal constitutions held hat legislature without power authorize payment state constitution new jersey errors appeals reversed holding neither statute resolution passed pursuant conflict state constitution provisions federal constitution issue case appeal since attack statute ground part language excludes children attending private schools operated profit enjoying state payment transportation need consider exclusionary language relevancy constitutional question presented furthermore exclusion clause properly challenged know whether new jersey highest construe statutes precluding payment school transportation group pupils even private school run profit consequently put one side question validity statute claim authorize payment transportation generally school children new jersey contention state statute resolution far authorized reimbursement parents children attending parochial schools violate federal constitution two respects extent overlap first authorize state take taxation private property bestow upon others used private purposes alleged violates due process clause urteenth amendment second statute resolution forced inhabitants pay taxes help support maintain schools dedicated regularly teach catholic faith alleged use state power support church schools contrary prohibition first amendment fourteenth amendment made applicable first due process argument state law taxes people help others carry private purposes framed two phases first phase state tax reimburse cost transporting children church schools said violate due process clause children sent church schools satisfy personal desires parents rather public interest general education children argument valid apply equally prohibit state payment transportation children public school whether operated church nongovernment individual group new jersey legislature decided public purpose served using funds pay bus fares school children including attend parochial schools new jersey errors appeals reached conclusion fact state law passed satisfy public need coincides personal desires individuals directly affected certainly inadequate reason us say legislature erroneously appraised public need true rare instances struck state statutes ground purpose funds expended public one citizens savings loan association city topeka wall city parkersburg brown thompson consolidated gas utilities also pointed authority must exercised extreme caution green frazier otherwise state power legislate public welfare might seriously curtailed power primary reason existence changing local conditions create new local problems may lead state people local authorities believe laws authorizing new types public services necessary promote general people fourteenth amendment strip power meet problems previously left individual solution davidson new orleans barbier connolly fallbrook irrigation district bradley much late argue legislation intended facilitate opportunity children get secular education serves public purpose cochran louisiana state board education holmes interstate consolidated street ry commonwealth massachusetts see opinion cooley stuart school district village kalamazoo thing less true legislation reimburse needy parents parents payment fares children ride public busses schools rather run risk traffic hazards incident walking see barbier connolly supra page page see also cases collected follow law private rather public purpose provides funds paid reimburse dividuals account money spent way furthers public program see carmichael southern coal coke subsidies loans individuals farmers home owners privately owned transportation systems well many kinds businesses commonplace practices state national history insofar second phase due process argument may differ first suggesting taxation transportation children church schools constitutes support religion state law invalid reason violates first amendment prohibition establishment religion law exact question raised appellant second contention consideration turn second new jersey statute challenged respecting establishment religion first amendment made applicable fourteenth murdock commonwealth pennsylvania commands state make law respecting establishment religion prohibiting free exercise thereof words first amendment reflected minds early americans vivid mental picture conditions practices fervently wished stamp order preserve liberty posterity doubtless goal entirely reached far nation moved toward expression respecting establishment religion probably vividly remind americans evils fears political problems caused expression written bill rights whether new jersey law one respecting religion requires understanding meaning language particularly respect imposition taxes therefore inappropriate briefly review background environment period constitutional language fashioned adopted large proportion early settlers country came europe escape bondage laws compelled support attend government favored churches centuries immediately contemporaneous colonization america filled turmoil civil strife persecutions generated large part established sects determined maintain absolute political religious supremacy power government supporting various times places catholics persecuted protestants protestants persecuted catholics protestant sects persecuted protestant sects catholics one shade belief persecuted catholics another shade belief time time persecuted jews efforts force loyalty whatever religious group happened top league government particular time place men women fined cast jail cruelly tortured killed among offenses punishments inflicted things speaking disrespectfully views ministers churches nonattendance churches expressions doctrines failure pay taxes tithes support practices old world transplanted began thrive soil new america charters granted english crown individuals companies designated make laws control destinies colonials authorized individuals companies erect religious establishments whether believers required support attend exercise authority accompanied repetition many old world practices persecutions catholics found hounded proscribed faith quakers followed conscience went jail baptists peculiarly obnoxious certain dominant protestant sects men women varied faiths happened minority particular locality persecuted steadfastly persisted worshipping god consciences dictated dissenters compelled pay tithes support churches whose ministers preached inflammatory sermons designed strengthen consolidate established faith generating burning hatred dissenters practices became commonplace shock colonials feeling abhorrence imposition taxes pay ministers salaries build maintain churches church property aroused indignation feelings found expression first amendment one locality one group throughout colonies rightly given entire credit aroused sentiment culminated adoption bill rights provisions embracing religious liberty virginia established church achieved dominant influence political affairs many excesses attracted wide public attention ovided great stimulus able leadership movement people elsewhere reached conviction individual religious liberty achieved best government stripped power tax support otherwise assist religions interfere beliefs religious individual group movement toward end reached dramatic climax virginia virginia legislative body renew virginia tax levy support established church thomas son james madison led fight tax madison wrote great memorial remonstrance law eloquently argued true religion need support law person either believer taxed support religious institution kind best interest society required minds men always wholly free cruel persecutions inevitable result religions madison remonstrance received strong support throughout virginia assembly postponed consideration proposed tax measure next session proposal came consideration session died committee assembly enacted famous bill religious liberty originally written thomas jefferson preamble bill stated among things god hath created mind free attempts influence temporal punishments burthens civil incapacitations tend beget habits hypocrisy meanness departure plan holy author religion lord body mind yet chose propagate coercions either compel man furnish contributions money propagation opinions disbelieves sinful tyrannical even forcing support teacher religious persuasion depriving comfortable liberty giving contributions particular pastor whose morals make pattern statute enacted man shall compelled frequent support religious worship place ministry whatsoever shall enforced restrained molested burthened body goods shall otherwise suffer account religious opinions belief previously recognized provisions first amendment drafting adoption madison jefferson played leading roles objective intended provide protection governmental intrusion religious liberty virginia statute reynolds supra page watson jones wall davis beason prior adoption fourteenth amendment first amendment apply restraint soon provide similar constitutional protections religious liberty persisted half century imposing restraints upon free exercise religion discriminating particular religious groups recent years far provision establishment religion concerned question frequently arisen connection proposed state aid church schools efforts carry religious teachings public schools accordance tenets particular sect churches either sought accepted state financial support schools efforts obtain state aid acceptance limited one particular faith state courts main remained faithful language constitutional provisions designed protect religious freedom separate religious governments decisions however show difficulty drawing line tax legislation provides funds welfare general public designed support institutions teach religion meaning scope first amendment preventing establishment religion prohibiting free exercise thereof light history evils designed forever suppress several times elaborated decisions prior application first amendment fourteenth broad meaning given amendment earlier cases accepted decisions concerning individual religious freedom rendered since fourteenth amendment interpreted make prohibitions first applicable state action abridging religious freedom every reason give sam application broad interpretation religion clause interrelation complementary clauses well summarized statement appeals south quoted approval watson jones wall structure government preservation civil liberty rescued temporal institutions religious interference hand secured religious liberty invasions civil authority religion clause first amendment means least neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another neither force influence person go remain away church force profess belief disbelief religion person punished ing professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever may adopt teach practice religion neither state federal government openly secretly participate affairs religious organizations groups vice versa words jefferson clause establishment religion law intended erect wall separation church state reynolds supra page must consider new jersey statute accordance foregoing limitations imposed first amendment must strike state statute within state constitutional power even though approaches verge power see interstate consolidated street ry commonwealth massachusetts holmes supra new jersey consistently religion clause first amendment contribute funds support institution teaches tenets faith church hand language amendment commands new jersey hamper citizens free exercise religion consequently exclude individual catholics lutherans mohammedans baptists jews methodists presbyterians members faith faith lack receiving benefits public welfare legislation mean intimate state provide transportation children attending public schools must careful protecting citizens new jersey churches sure inadvertently prohibit new jersey extending general state law benefits citizens without regard religious belief measured standards say first amendment prohibits new jersey spending taxraised funds pay bus fares parochial school pupils part general program pays fares pupils attending public schools undoubtedly true children helped get church schools even possibility children might sent church schools parents compelled pay children bus fares pockets transportation public school paid state possibility exists state requires local transit company provide reduced fares school children including attending parochial municipally owned transportation system undertakes carry school children free charge moreover policemen detailed protect children going church schools real hazards traffic serve much purpose accomplish much result state provisions intended guarantee free transportation kind state deems best school children welfare parents might refuse risk children serious danger traffic accidents going parochial schools approaches protected policemen similarly parents might reluctant permit children attend schools state cut general government services ordinary police fire protection connections sewage disposal public highways sidewalks course cutting church schools services separate indisputably marked religious function make far difficult schools operate obviously purpose first amendment amendment requires state neutral relations groups religious believers require state adversary state power used handicap religions favor said parents may discharge duty state compulsory education laws send children religious rather public school school meets secular educational requirements state power impose see pierce society sisters appears parochial schools meet new jersey requirements state contributes money schools support legislation applied provide general program help parents get children regardless religion safely expeditiously accredited schools first amendment erected wall church state wall must kept high impregnable approve slightest breach new jersey breached affirmed justice jackson dissenting find contrary first impressions unable join decision sympathy though ideological catholic citizens compelled law pay taxes public schools also feel constrained conscience discipline support schools children reli case involves serious burden taxpayers assumed little serious principle study case convinces otherwise opinion marshals every argument favor state aid puts case favorable light much reasoning confirms conclusions good grounds upon support present legislation fact undertones opinion advocating complete uncompromising separation church state seem utterly discordant conclusion yielding support commingling educational matters case irresistibly comes mind fitting precedent julia according byron reports consent consented sustains legislation assuming two deviations facts particular case first assumes state facts record support secondly refuses consider facts inescapable record concludes applied provide general program help parents get children regardless religion safely expeditiously accredited schools draws comparison provisions intended guarantee free transportation school children services police fire protection implies dealing authorizing new types public services hypothesis permeates opinion facts bear construction township ewing furnishing transportation children form operating school busses contracting operation performing public service kind taxpayer money school children left ride ordinary paying passengers regular busses operated public transportation system township taxpayer complains stated intervals reimburse parents fares paid provided children attend either public schools catholic church schools expenditure tax funds possible effect child safety expedition transit passengers public busses travel fast faster safe safer since parents reimbursed addition thus assuming type service exist also insists must close eyes discrimination exist resolution authorizes disbursement taxpayer money limits reimbursement attend public schools catholic schools way act applied taxpayer new jersey act question makes character school needs children determine eligibility parents reimbursement act permits payment transportation parochial schools public schools prohibits private schools operated whole part profit children often sent private schools parents feel require individual instruction public schools provide backward defective need special attention children state objects impartial solicitude reason obvious denying transportation reimbursement students class often needy worthy go public parochial schools refusal reimburse attend schools understandable light purpose aid schools state might well abstain aiding private enterprise thus act resolution brought us case children classified according schools attend aided attend public schools private tholic schools allowed aided attend private secular schools private religious schools faiths course case one baptist jew episcopalian pupil private school complaining discrimination one taxpayer urging taxed unconstitutional purpose think entitled us consider act written statement new jersey holds legislature may authorize use local funds transportation pupils school view constitutional views expressed holding act authorizes transportation pupils schools applied taxpayer action complains certainly act authorize reimbursement choose alternative public school except catholic church schools decide case facts us question simply constitutional tax complainant pay cost carrying pupils church schools one specified denomination ii whether taxpayer constitutionally made contribute aid parents students attendance parochial schools depends upon nature schools relation church constitution says nothing education lays obligation provide schools undertake regulate state systems education see fit maintain school policy means invade rights secured citizens constitution west virginia state board education barnette one basic rights free taxation support transgression constitutional command authorities make law respecting establishment religion prohibiting free exercise thereof amend cantwell state connecticut function church school subject record meager shows schools superintendence priest taught part curriculum know schools parochial fact represent worldwide policy roman catholic church rubric schools canon law church catholics bound provides catholic children educated schools nothing contrary catholic faith morals taught rather schools religious moral training occupy first place canon every elementary school children must according age instructed christian doctrine young people attend higher schools receive deeper religious knowledge bishops shall appoint priests qualified work learning piety canon catholic children shall attend indifferent schools mixed say schools open catholic catholics alike bishop diocese right harmony instructions holy see decide circumstances guards prevent loss faith may tolerated catholic children go schools canon religious teaching youth schools subject authority inspection church local ordinaries right duty watch nothing taught contrary faith good morals schools territory moreover right approve books christian doctrine teachers religion demand sake safeguarding religion morals removal teachers books canon woywod rev stanislaus new canon law imprimatur rev francis spellman archbishop new york others exaggeration say whole historic conflict temporal policy catholic church comes focus respective school policies roman catholic church counseled experience many ages many lands sorts conditions men takes viewpoint progress success mission wise estimate importance education religion leave individual pick religion chance relies early indelible indoctrination faith order church word example persons consecrated task public school product protestantism least consistent catholic culture scheme values relatively recent development dating organized premise secular education isolated religious teaching school inculcate needed temporal knowledge also maintain strict lofty neutrality religion assumption individual instructed worldly wisdom better fitted choose religion whether disjunction possible possible whether wise questions need try answer surprised catholic deny parochial school vital vital part roman catholic church put choice venerable institution expect forego whole service mature persons give education young wise choice growth cohesion discipline loyalty spring schools catholic education rock whole structure rests render tax aid church school indistinguishable rendering aid church iii importance situation whether beneficiary expenditure funds primarily parochial school incidentally pupil whether aid directly bestowed pupil indirect benefits school state maintain church tax citizens furnish free carriage attend church prohibition establishment religion circumvented subsidy bonus reimbursement expense individuals receiving religious instruction indoctrination however compares subsidies loans individuals says follow law private rather public purpose provides funds paid reimburse individuals account money spent way furthers public program see carmichael southern coal coke course state may pay funds relieve pauperism may constitution induce reward piety may spend funds secure old age want may spend funds secure religion skepticism may compensate individuals loss employment compensate adherence creed seems basic fallacy reasoning accounts failure apply principles avows ignoring essentially religious test beneficiaries expenditure selected policeman protects catholic catho ic man member society fireman protects church church school property part assets society neither fireman policeman ask renders aid man building identified catholic church school authorities draw check reimburse student fare must ask question school catholic one may render aid faith run profit help must withheld consider converse reasoning best disclose fallacy parallel police fire protection plan reimbursement apparent incongruity limitation act applied police fire service sustain act said police shall protect pupils way public schools catholic schools going coming schools firemen shall extinguish blaze public catholic school buildings shall put blaze protestant church schools private schools operated profit true analogy case us think pretty plain scheme valid holding taxpayer grievance state decided make reimbursement public purpose therefore bound regard agree left always leave state great latitude deciding light conditions shall public purposes scheme things may socialize utilities economic enterprises make taxpayers business conventionally private business may make public business individual welfare health education entertainment security make public business religious worship instruction attendance religious institutions character answer proposition fully expounded justice rutledge effect religious freedom amendment constitution take every form propagation religion realm things directly indirectly made public business thereby supported whole part taxpayers expense difference constitution sets religion almost every subject matter legislation difference goes root religious freedom overlooking today freedom first bill rights first forefathers minds set forth absolute terms strength rigidity intended keep hands religion keep religion hands state keep bitter religious controversy public life denying every denomination advantage getting control public policy public purse great ends think immeasurably compromised today decision policy federal constitution never wholly pleasing religious groups quick invoke protections irked feel restraints gone long way unreasonable way hold public business paramount importance maintenance public order protection privacy home taxation may pursued state way even indirectly interfere religious proselyting see dissent douglas jeannette murdock pennsylvania martin struthers jones opelika reversed rehearing ways religious teaching private affair state seeks impose regulations infringe indirectly public affair comes taxing citizens one faith aid another faith aid principles seem harsh prohibiting aid catholic education must forgotten constitution alone assures catholics right maintain schools predominant local sentiment forbid pierce society sisters think done well without aid want see separation church state broken state may aid religious schools may therefore regulate many groups sought aid tax funds find carried political controls indeed declared hardly lack due process government regulate subsidizes wickard filburn event great purposes constitution depend approval convenience restrain read history struggle separate political ecclesiastical affairs well summarized opinion justice rutledge generally concur without conviction today unconsciously giving clock hands backward turn justice frankfurter joins opinion justice rutledge justice frankfurter justice jackson justice burton agree dissenting shall make law respecting establishment religion prohibiting free exercise thereof art aware almighty god hath created mind free compel man furnish contributions money propagation opinions disbelieves sinful tyrannical general assembly enact man shall compelled frequent support religious worship place ministry whatsoever shall enforced restrained molested burthened body goods shall otherwise suffer account religious opinions belief believe great author words men made law joined decision neither high impregnable today yesterday wall raised church state virginia great statute religious freedom first amendment made applicable fourteenth new jersey statute sustained first indeed second breach made action third fourth still others attempted may sure cochran louisiana state board education opened way oblique decision two make wider breach third thus time solid freedom steadily gives way continuing corrosive decision case forces us determine squarely first establishment religion first amendment conception measure decide whether new jersey action violates command facts may stated shortly give setting color constitutional problem statute new jersey authorized local boards education provide transportation children school public school except one operated profit wholly part established public school routes means child lives school school board ewing township provided resolution transportation pupils ewing trenton pennington high schools catholic schools way public carrier named parents paid cost public conveyance children homes ewing three public high schools four parochial schools outside district semiannually board reimbursed parents public school funds raised general taxation religion taught part curriculum four private schools appears affirmatively testimony superintendent parochial schools diocese trenton errors appeals new jersey reversing decision held ewing board action contravention state constitution statutes federal constitution consider whether ruling accords prohibition first amendment implied due process clause fourteenth simply established church law respecting establishment religion forbidd amendment broadly loosely phrased compact exact summation author views formed long struggle religious freedom madison words characterizing jefferson bill establishing religious freedom guaranty put national charter like bill piloted virginia assembly model technical precision perspicuous brevity madison confused established church establishment religion amendment purpose strike merely official establishment single sect creed religion outlawing formal relation prevailed england colonies necessarily uproot relationships object broader separating church state narrow sense create complete permanent separation spheres religious activity civil authority comprehensively forbidding every form public aid support religion proof amendment wording history unite consistent utterances whenever attention fixed directly upon question appears amendment word governs two prohibitions governs alike two meanings one narrow forbid establishment another much broader securing free exercise thereof brings entire exact content less first second guaranty congress broadly restricted concerning one regarding one claim today amendment constricted free exercise religion securing free exercise formal creedal observance one sect many secures forms religious expression creedal sectarian nonsectarian wherever however taking place except conduct trenches upon like freedoms others clearly presently endangers community good order security protective purposes phase basic freedom street preaching oral distribution literature given high estate first amendment worship churches preaching pulpits basis parents held entitled send children private religious schools pierce society sisters accordingly daily religious education commingled secular within guaranty comprehensive scope religious training teaching whatever form word connotes broadest content determined form formality teaching occurs essential nature regardless details broad significance twin prohibition concerning establishment amendment duplicitous used formal technical sense prohibition broadly forbids state support financial religion guise form degree outlaws use public funds religious purposes ii provision constitution closely tied given content generating history religious clause first amendment refined product terse summation history history includes madison authorship proceedings first congress also long intensive struggle religious freedom america especially ment direct culmination documents times particularly madison leader virginia struggle became amendment sponsor also writings jefferson others issues engendered found irrefutable confirmation amendment sweeping content madison also jefferson religious freedom crux struggle freedom general remonstrance par appendix hereto madison coauthor george mason religious clause virginia great declaration rights credited changing mere statement principle tolerance first official legislative pronouncement freedom conscience religion inherent rights individual sought also tion expressly condemn existing virginia establishment forces supporting strong accordingly madison yielded phase long resumed fight continuing succeeding legislative sessions member general assembly threw full weight behind jefferson historic bill establishing religious freedom bill prime phase jefferson broad program democratic reform undertaken return continental congress submitted general assembly consideration proposed revised virginia code jefferson departure europe madison became bill prime sponser enactment failed successive legislatures introduction june adoption january time fight religious freedom moved forward virginia various fronts growing intensity madison led throughout patrick henry powerful opposing leadership henry elected governor november climax came legislative struggle assessment bill see supplemental appendix hereto nothing less taxing measure support religion designed revive payment tithes suspended since long singled particular sect preference incurred active general hostility dissentient groups broadened include result subsided temporarily opposition altered bill gave taxpayer privilege designating church receive share tax default designation legislature applied pious uses utmost significance final form bill left taxpayer option giving tax education madison unyielding times opposing vigor general nondiscriminatory earlier particular discriminatory assessments proposed modified assessment bill passed second reading december enacted madison followers however maneuvered deferment final consideration november assembly reconvened fall issued historic memorial remonstrance madison complete though interpretation religious liberty broadside attack upon forms religion general particular nondiscriminatory selective reflecting many legislative conflicts assessment bill bill establishing religious freedom also example struggles religious incorporations continued maintenance glebes remonstrance concise accurate statement views first amendment author concerning establishment religion behooves us dimming distance time lose sight coworkers mind single sweeping stroke pen forbade establishment religion secured free exercise text remonstrance appended end opinion wider current reference together copy bill directed remonstrance stirring storm popular protest killed assessment bill collapsed committee shortly christmas way cleared last enactment jefferson bill establishing religious freedom madison promptly drove january seven years time first introduced dual victory substantially ended fight establishments settling issue see note next year madison became member constitutional convention work done fought valiantly secure ratification great product virginia elsewhere nowhere else effectively madison certain mind constitution shadow right general government intermeddle subject honor america perfectly free unshackled government jurisdiction nevertheless pledged work bill rights including specific guaranty religious freedom virginia ith ratified constitution assurance ratification thus accomplished madison sent first congress went performing pledge establish freedom nation done virginia within little three years legislative victory home proposed secured submission ratification first amendment first article bill rights great instruments virginia struggle religious liberty thus became warp woof constitutional tradition simply course history common unifying force madison life thought sponsorship epitomized whole tradition amendment compact nonetheless comprehensive phrasing remonstrance discloses throughout madison opposed every form degree official relation religion civil authority religion wholly private matter beyond scope civil power either restrain support denial abridgment religious freedom violation rights conscience natural equality state aid less obnoxious destructive freedom religion forms state interference exercise correlative coextensive ideas representing different facets single great fundamental freedom remonstrance following virginia statute example referred history religious conflicts effects sorts establishments current historical suppress religion free exercise jefferson madison believed tolerate fragment establishment much perpetuate restraint upon freedom hence sought tear institution partially root branch bar return forever phase unrelentingly absolute opposing state support aid taxation even pence contribution thus exacted citizen purpose remonstrance par tithes life blood establishment compulsions disappeared madison coworkers made exceptions abridgments complete separation created objection small tithes tithes whatsoever lawful impose small tax religion admission pave way oppressive levies amount principle assessment wrong principle much prevent interference law religion restrain religious intervention political matters field authors freedom tolerate first experiment liberties till usurped power strengthened exercise entangled question precedents remonstrance par view history proof needed amendment forbids appropriation large small public funds aid support religious exercises called debates first congress consistent expressions whenever touched matter supply contrast virginia history congressional debates consideration amendment reveal sparse discussion reflecting fact essential issues settled indeed matter become well understood taken granted formal phrasing hence enlightening reference shows concern preserve power use public funds aid religion prevent amendment outlawing private gifts inadvertently virtue breadth wording margin noted also principal decisions expressions confirm amendment broad prohibition iii compulsory attendance upon religious exercises went early process separating church state together forced observance religious forms ceremonies test oaths religious qualification office followed later things none devoted great tradition religious liberty think bringing back hence today apart efforts inject religious training exercises sectarian issues public schools serious surviving threat maintaining complete permanent separation religion civil power first amendment commands use taxing power support religion religious establishments establishments religious foundation whatever form special religious function new jersey action furnish support religion use taxing power certainly test remains undiluted jefferson madison made money taken taxation one used given support another religious training belief indeed one today furnishing tributions money propagation opinions disbelieves forbidden exaction prohibition absolute whatever measure brings consequence whatever mount may sought given end funds used raised taxation dispute use fact give aid encouragement religious instruction concludes aid law madison jefferson concerned aid support fact legal conclusion precedents remonstrance par parents pay money send children parochial schools funds raised taxation used reimburse helps children get school parents send aids substantial way get thing sent particular school secure namely religious training teaching believers faiths others express feeling toward ultimate issues existence creedal form pay new jersey tax money raised used pay transportation religious schools catholic taxpayer extent proportionate share pays transportation lutheran jewish otherwise religiously affiliated children receive religious instruction parents likewise pay proportionately transportation catholic children receive catholic instruction thus contributes propagation opinions disbelieves far religious differ others accept creed without regard differences thus pays taxes also support teaching religion exaction equally forbidden since denies comfortable liberty giving one contribution particular agency instruction approves new jersey action therefore exactly fits type exaction kind evil madison jefferson struck test framed said cost transportation part cost education religious instruction given substantial necessary element shown plainly continuing increasing demand state assume pretense relates secular instruction given religious schools attempt made toward allocating proportional shares secular religious instruction precisely th instruction religious relates particular faith whether one another parents send children religious schools pierce doctrine purpose state contribution defray cost conveying pupil place receive simply secular also primarily religious teaching guidance indeed view sincerely avowed many various basic purpose education religious secular separated religious phase emphasis hence inadequacy public secular education necessity sending child school religion taught whatever may philosophy justification undeniably admixture religious secular teaching institutions reason certainly purposes constitutionality contradict whole basis ethical educational convictions people believe religious schooling yet admixture disestablished first amendment forbade establishment religion commingling religious secular teaching divest whole religious permeation emphasis make minor part proportion material indeed view constitutional prohibition always brought naught adding modicum secular appropriation public treasury pay cost transportation sunday school weekday special classes church parish house meetings various young people religious societies epworth league withstand constitutional attack true whether secular activities mixed religious appropriation stand hard see one becomes valid thing upon extended scale daily instruction surely constitutionality turn often mixed teaching occurs finally transportation needed essential education element cost much part total expense except times amount cost textbooks school lunches athletic equipment writing materials indeed items composing total burden always core educational process relationship without richest equipment facilities go naught see judd board education proverbial mark hopkins conception longer suffices country requirements without buildings without equipment without library textbooks materials without transportation bring teacher pupil together effective teaching environment even skeleton times require hardly maintained transportation least essential items fact aid encourage sustain support process purpose accomplish less essential payment cost teaching classroom payment teacher sustenance many types equipment considered essential better done without therefore feat impossible select indispensable item composite total costs characterize aiding contributing promoting sustaining propagation beliefs end bring unless maintained maintain aid thus given outlawed payment transportation less essential education whether religious secular payment tuitions teachers salaries buildings equipment necessary materials less directly related school giving religious instruction primary religious objective essential items cost intended achieve rational line drawn payment larger necessary items payment transportation line drawn one dollars less certainly realm line valid constitutional measure murdock pennsylvania thomas collins madison time amount principle assessment wrong remonstrance par iv told new jersey statute valid present application appropriation public private purpose namely promotion education majority accept idea conclusion welfare legislation true amendment force thus destroyed said becomes pertinent possible objection extensive support religious education new jersey fact alone determinative religious schools engaged education thus promoting general individual welfare together legislature decision payment public moneys aid makes work public function see possible basis except one dubious legislative policy state refusal make full appropriation support private religious schools done public instruction basis valid constitutional objection course paying cost transportation promotes general cause education welfare individual paying items educational expense obviously majority say much late urge legislation designed facilitate opportunities children secure secular education serves public purpose nationwide system public education rests contrary view grants aid education public private religious character things beside real question possible materiality except obscure inescapable issue cf cochran louisiana state board education supra stripped religious phase case presents substantial federal question id public function argument casting issue terms promoting general cause education welfare individual ignores religious factor essential connection transportation thereby leaving vital element case course welfare legislation ideas come thing one substantial issue two say new jersey appropriation use power taxation raising funds appropriated public purposes private ends say support religion religious teaching conversely say public purposes say religious ones precisely reason education includes religious training teaching support made matters private right function public terms first amendment effect guaranty religion free exercise also prohibition establishments basis private character function religious education held parents entitled send children private religious schools pierce society sisters supra declares effect appropriation public funds defray part cost attending schools public purpose understand state go father case approaches verge power truth view contradicts whole purpose effect first amendment heretofore conceived social legislation argument seeks madison words religion religious education engine civil policy remonstrance par one piece assessment bill preamble although vital difference wholly ignores preamble explicitly constitutional policy exactly opposite deny value necessity religious training teaching observance rather secures free exercise end deny state undertake sustain form degree reason sphere religious activity ad distinguished secular intellectual liberties given twofold protection state forbid neither perform aid performing religious function dual prohibition makes function altogether private made public one legislative act heart madison remonstrance amendment religious teaching promote public individual welfare neither furthered state promotes religious education constitution forbids legislatures courts bound distinction failure observe lies fallacy legislation argument fallacy facilitated easy transference argument basing due process unrelated religious aspect first amendment declaration gift public money religious uses promote general individual welfare cause education generally legislative bodies overcome amendment bar may courts sustain attempts finding consequences appropriations fact give aid promote religious uses cf norris alabama hooven allison evatt akins texas legislatures free make courts sustain appropriations found fact aid promote encourage sustain religious teaching observances amount large small finding made case amendment removed form promoting public welfare legislative judicial competence make public function exclusively private affair reasons underlying amendment policy vanished time diminished force adopted price religious freedom double church religion shall live within upon freedom freedom religion safeguarded state intervention church agencies state domain dependency largesse madison remonstrance par great condition religious liberty maintained free sustenance also interferences state comes rest upon secular foundation vanishes resting par public money devoted payment religious costs educational brings quest brings struggle sect sect larger share one numbers alone benefit another precisely history societies established religion dissident groups par thing jefferson madison experienced sought guard whether blunt screened forms ibid end strife destroy cherished liberty dominating group achieve dominant benefit embroil state dissensions par exactly conflicts centered late around providing transportation religious schools public funds issue dissension work typically madison phrase moderation harmony forbearance laws intermeddle religion produced amongst several sects par occurs well knew measures threshold departure principle par conflicts wherever success obtained upon contention providing transportation general cause education general welfare welfare individual forwarded hence matter lies within realm public function legislative determination state courts divided upon issue taking view individual others institution receives benefit recognized dichotomy false fact aided majority accept terms views neither deny individual school indeed benefited directly substantially cut ground public legislation thesis contrary opinion concedes children aided helped get religious schooling converse necessary implication well absence express denial must taken concede also school helped reach child religious teaching religious enterprise common interest transportation religious purposes provided notwithstanding recognition aid given absence denial religious teaching thus furthered concludes aid given religion rather support education without reference religious content thus becomes public welfare legislation elision religious element case added gloss two respects one aid extended partakes nature safety measure failure provide make state unneutral religious matters discriminating hampering children concerning public benefits others receive noted one gloss contradicted facts record whole cloth function argument excision religious factor important approach valid supplies ready method nullifying amendment guaranty case others involving small grants aid religious education equally larger ones thing needed transplant function view proper nonreligious due process bearing first amendment application holding religious education though may aided appropriation cause education generally furthered helping pupil secure type training therefore little case bus fares paraphrase madison distant may present form complete establishment religion differs degree first step direction par today time authority force citizen contribute three pence support one religious establishment may force pay conform establishment cases whatsoever must say legislature measure authority plenitude authority may sweep away fundamental rights bound leave particular right untouched sacred remonstrance par realm religious training belief remains amendment made kingdom individual man god kept inviolately private confounded legislatures legitimately may take public domain one conscious religious values unsympathetic toward burden constitutional separation puts parents desire religious instruction mixed secular children pay taxes others children education time added cost instruction one happily see benefits denied children others receive conscience parents desire different kind training others demand feelings prevail end historic constitutional policy command unjust discriminatory fact deny attendants religious schools cost transportation deny tuitions sustenance teachers educational expense others receive public cost hardship fact none blink assuring undergo greater comprehensive freedom one written design firm intent basic law course discrimination legal sense exist child attending religious school right attend public school foregoes exercising guaranty assures freedom forbids public school agency state give aid securing religious instruction seeks accept common school first protest teaching creed faith precisely reason atmosphere wholly secular children sent public schools pierce doctrine constitutional necessity staked existence country faith complete separation state religion best state best religion remonstrance par policy necessarily entails hardship upon persons forego right educational advantages state supply order secure others precluded giving indeed may hamper parent child forced conscience choice make state unneutral withhold constitution forbids give contrary observing prohibition rigidly state maintain neutrality avoid partisanship dissensions inevitable sect opposes sect demands public moneys religious education teaching training form degree directly indirectly like paul freedom religious liberty great price must bought exercise fully insisting upon religious education children mixed secular terms constitution price greater others problem cast terms legal discrimination absence true even though state giving aid treat religious instruction al ke thus present statute application shown apply equally religious schools whatever yet light tradition stand adherent one creed still pay support another childless taxpayer others fortunate seem bar making appropriations transportation expenses children attending public secular schools hours separate places classes exclusively religious instruction person embraches creed also forced pay teaching believe furnishing money propagation opinions disbelieves fathers outlawed consequence effect removed multiplying sects support exacted constitution requires comprehensive identification state religion complete separation vi short treatment dispose remains whatever might said application new jersey statute one made semblance bearing safety measure indeed securing expeditious conveyance transportation supplied public conveyance subject hazards delays highway streets incurred public generally going multifarious business case comparable one furnishing fire police protection access public highways things matters common right part general need safety certainly fire department must stand idly church burns reason state pay expense transportation items cost religious education needless add case green frazie carmichael southern coal dealt matters wholly unrelated first amendment involving situations function issue determinative chosen place dissent upon broad ground think decisive though strictly speaking case might decided narrower issues new jersey statute might held invalid face exclusion dren attend private schools assume majority new jersey courts write explicit limitation statute moreover resolution statute applied expressly limits benefits students public catholic schools showing private religious schools populous district think assumed none view taken unnecessary limit grounding matters two great drives constantly motion abridge name education complete division religion civil authority forefathers made one introduce religious education observances public schools obtain public funds aid support various private religious schools see johnson legal status relationships thayer religion public education note yale opinion avenues closed constitution neither opened matter one quantity measured amount money expended madison day one principle keep separate separate spheres first amendment drew prevent first experiment upon liberties keep question becoming entangled corrosive precedents less strict keep strong untarnished one side shield religious freedom judgment reversed appendix memorial remonstrance religious sessments honorable general assembly commonwealth virginia memorial remonstrance subscribers citizens said commonwealth taken serious consideration bill printed order last session general assembly entitled bill establishing provision teachers christian religion conceiving finally armed sanctions law dangerous abuse power bound faithful members free state remonstrate declare reasons determined remonstruate said bill hold fundamental undeniable truth religion duty owe creator manner discharging directed reason conviction force violence religion every man must left conviction conscience every man right every man exercise may dictate right nature unalienable right unalienable opinions men depending evidence contemplated minds follow dictates men unalienable also right towards men duty towards creator duty every man render creator homage believes acceptable duty predecent order time degree obligation claims civil society man considered member civil society must considered subject governor universe member civil society enters subordinate association must always reservation duty general authority much must every man becomes member particular civil society saving allegiance universal sovereign maintain therefore matters religion man right abridged institution civil society religion wholly exempt cognizance true rule exists question may divide society ultimately determined majority also true majority may trespass rights minority religion exempt authority society large still less subject legislative body latter creatures vicegerents former jurisdiction derivative limited limited regard departments necessarily limited regard constituents preservation free government requires merely metes bounds separate department power may invariably maintained especially neither suffered overleap great barrier defends rights people rulers guilty encroachment exceed commission derive authority tyrants people submit governed laws made neither authority derived slaves proper take alarm first experiment liberties hold prudent jealousy first duty citizens one noblest characteristics late revolution freemen america wait till usurped power strengthened exercise entangled question precedents saw consequences principle avoided consequences denying principle revere lesson much soon forget see authority establish christianity exclusion religions may establish ease particular sect christians exclusion sects authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever bill violates equality basis every law indispensable proportion validity expediency law liable impeached men nature equally free independent men considered entering society equal conditions relinquishing therefore retaining less one another natural rights considered retaining title free exercise religion according dictates whilst assert freedom embrace profess observe religion believe divine origin deny equal freedom whose minds yet yielded evidence convinced us freedom abused offence god man god therefore men must account rendered bill violates equality subjecting peculiar burdens violates principle granting others peculiar exemptions quakers menonists sects think compulsive support religions unnecessary unwarrantable piety alone intrusted care public worship religions endowed others extraordinary privileges proselytes may enticed others think favorably justice good sense denominations believe either covet fellow citizens seduced common opposition measure bill implies either civil magistrate competent judge religious truth may employ religion engine civil policy first arrogant pretension falsified contradictory opinions rulers ages throughout world second unhallowed perversion means salvation establishment proposed bill requisite support christian religion say contradiction christian religion every page disavows dependence powers world contradiction fact known religion existed flourished without support human laws spite every opposition period miraculous aid long left evidence ordinary care providence nay contradiction terms religion invented human policy must supported established human policy moreover weaken profess religion pious confidence innate excellence patronage author foster still reject suspicion friends conscious fallacies trust merits experience witnesseth ecclesiastical establishments instead maintaining purity efficacy religion contrary operation almost fifteen centuries legal establishment christianity trial fruits less places pride indolence clergy ignorance servility laity superstition bigotry persecution enquire teachers christianity ages appeared greatest lustre every sect point ages prior incorporation civil policy propose restoration primitive state teachers depended voluntary rewards flocks many predict downfall side testimony greatest weight interest establishment question necessary support civil government urged necessary support civil government means supporting religion necessary latter purpose necessary former religion within cognizance civil government legal establishment said becessary civil government influence fact ecclesiastical establishments civil society instances seen erect spiritual tyranny ruins civil authority many instances seen upholding thrones political tyranny instance seen guardans liberties people rulers wished subvert public liberties may found established clergy convenient auxiliaries government instituted secure perpetuate needs government best supported protecting every citizen enjoyment religion equal hand protects person property neither invading equal rights sect suffering sect invade another proposed establishment departure generous policy offering asylum persecuted oppressed every nation religion promised lustre country accession number citizens melancholy mark bill sudden degeneracy instead holding forth asylum persecuted signal persecution degrades equal rank citizens whose opinions religion bend legislative authority distant may present form inquisition differs degree one first step last career intolerance magnanimous sufferer cruel scourge foreign regions must view bill beacon coast warning seek liberty philanthropy due extent may offer certain repose troubles like tendency banish citizens allurements presented situations every day thinning mumber superadd fresh motive emigration revoking liberty enjoy species folly dishonoured depopulated flourishing kingdoms destroy moderation harmony forbearance laws intermeddle religion produced amongst several sects torrents blood spilt old world vain attempts secular arm extinguish religious discord proscribing difference religious opinions time length revealed true remedy every relaxation narrow rigorous policy wherever tried found assuage disease american theatre exhibited proofs equal complete liberty wholly eradicate sufficiently destroys malignant influence health prosperity state salutary effects system eyes begin contract bonds religious freedom know name severely reproach folly least let warning taken first fruit threatened innovation appearance bill transformed tian love charity late mutually prevailed animosities jealousies may soon appeased mischiefs may dreaded enemy public quiet armed force law policy bill adverse diffusion light christianity first wish enjoy precious gift may imparted whole race mankind compare number yet received number still remaining dominion false religions small former policy bill tend lessen disproportion discourages strangers light revelation coming region countenances example nations continue darkness shutting might convey instead levelling far possible every obstacle victorious progress truth bill ignoble unchristian timidity circumscribe wall defence encroachments error attempts enforce legal sanctions acts obnoxious great proportion citizens tend enervate laws general slacken bands society difficult execute law generally deemed necessary salutary must case deemed invalid dangerous may effect striking example impotency government general authority measure singular magnitude delicacy imposed without clearest evidence called majority citizens satisfactory method yet proposed voice majority case may determined influence secured people respective counties indeed requested signify opinion respecting adoption bill next session assembly representation must made equal voice either representatives counties people hope neither former due consideration expouse dangerous principle bill event disappoint us still leave us full confidence fair appeal latter reverse sentence liberties finally equal right every citizen free exercise religion according dictates conscience held tenure rights recur origin equally gift nature weigh importance less dear us consult declaration rights pertain good people virginia foundation government enumerated equal solemnity rather studied emphasis either must say legislature measure authority plentitude authority may sweep away fundamental rights bound leave particular right untouched sacred either must say may controul freedom press may abolish trial jury may swallow executive judiciary powers state nay may despoil us right suffrage erect independent hereditary assembly must say authority enact law bill consideration subscribers say general assembly commonwealth authority effort may omitted part dangerous usurpation oppose remonstrance earnestly praying duty bound lawgiver universe illuminating addressed may one hand turn councils every act affront holy prerogative violate trust committed guide every measure may worthy blessing may dound praise may establish firmly liberties prosperity happiness commonwealth ii madison supplemental appendix bill establishing provision teachers christian religion whereas general diffusion christian knowledge hath natural tendency correct morals men restrain vices preserve peace society effected without competent provision learned teachers may thereby enabled devote time attention duty instructing citizens circumstances want education otherwise attain knowledge judged provision may made legislature without counteracting liberal principle heretofore adopted intended preserved abolishing distinctions eminence amongst different societies communities christians therefore enacted general assembly support christian teachers centum amount pound sum payable tax property within commonwealth hereby assessed shall paid every person chargeable said tax time shall become due sheriffs several counties shall power levy collect manner like restrictions limitations may prescribed laws raising revenues state enacted every sum paid sheriff collector shall give receipt expressing therein socity christians person may receive shall direct money paid keeping distinct account thereof books sheriff every county shall day every year return upon oath two alphabetical lists payments made distinguishing columns opposite names persons shall paid society money paid appropriated one column names appropriation shall made one lists recorded book kept purpose shall filed clerk office shall sheriff fixed remain inspection concerned sheriff deducting five per centum collection shall forthwith pay person persons shall appointed receive vestry elders directors however denominated society sum stated due society default thereof upon motion person persons next succeeding execution shall awarded sheriff security executors administrators provided ten days previous notice given motion upon every execution officer serving shall proceed immediate sale estate taken shall accept security payment end three months goods forthcoming day sale better direction wherein clerk shall endorse upon every execution security kind shall taken enacted money raised virtue act shall vestr es elders directors religious society appropriated provision minister teacher gospel denomination providing place divine worship none use whatsoever except denominations quakers menonists may receive collected members place general fund disposed manner shall think best calculated promote particular mode worship dp enacted sums time payment sheriff collector may appropriated person paying shall accounted manner act directed deducting collection sheriff shall pay amount thereof upon account certified auditors public accounts treasurer public treasury disposed direction general assembly encouragement seminaries learning within counties whence sums shall arise use purpose whatsoever act shall commence force year copy engrossed bill john beckley washington mss papers george washington vol library congress footnotes district children living remote schoolhouse board education district may make rules contracts transportation children school including transportation school children school public school except school operated profit whole part school district provides transportation public school children school transportation point established school route point established school route shall supplied school children residing school district going school public school except school operated profit whole part new jersey laws appellant challenge new jersey statute resolution ground either violates equal protection clause fourteenth amendment excluding payment transportation pupil attends school run profit although township resolution authorized reimbursement parents public catholic school pupils appellant allege anything record offer slightest support allegation children township attended attended want transportation public catholic schools appropriate consider exclusion students private schools operated profit proved occurred made basis suit one position challenge new jersey highest ruled adversely challenger striking state law matter light moment done federal ex mero motu postulate neither charged proved rests nothing possibility cf liverpool new york philadelphia steamship emigration might hold excepting clause invalid sustain statute clause excised section provides regard statute provision thereof shall declared unconstitutional whole part competent jurisdiction article shall extent unconstitutional enforced opinion errors appeals case suggests state law authorizes transportation pupils opinion stated hold legislature may appropriate general state funds authorize use local funds transportation pupils school conclude authorization use local funds likewise authorized chapter italics supplied see reynolds cf knowlton moore see macaulay history england cc cambridge modern history cc ix xi beard rise american civilization cobb religious liberty america ii sweet story religion america ii sweet religion colonial america see charter colony carolina gave grantees right advowsons churches chapels together licence power build found churches chapels oratories cause dedicated consecrated according ecclesiastical laws kingdom england poore constitutions ii maryland gave grantee lord baltimore patronages advowsons churches shall happen built together licence faculty erecting founding churches chapels places worship causing dedicated consecrated according ecclesiastical laws kingdom england singular ample rights jurisdictions privileges bishop kingdom england ever hath mcdonald documentary source book american history commission new hampshire poore supra ii stated things presents require comand said councill take possible care ye discountenancing vice encouraging virtue good living examples ye infidle may invited desire partake ye christian religion ye greater ease satisfaction ye sd loving subjects matters religion hereby require comand yt liberty conscience shall allowed unto protestants yt especially shall conformable ye rites ye church engd shall particularly countenanced encouraged see also town pawlet clark cranch see semple baptists virginia sweet religion colonial america supra almost every colony exacted kind tax church support see cobb op cit supra note virginia north carolina massachusetts connecticut new york maryland new hampshire madison wrote friend diabolical principle persecution rages among vexes worst anything whatever time adjacent country less five six men close jail publishing religious sentiments main orthodox neither patience hear talk think anything relative matter squabbled scolded abused ridiculed long little purpose without common patience must beg pity pray liberty conscience writings james madison virginia resistance taxation church support crystalized famous case argued patrick henry account see cobb op supra note ii writings james madison recently discovered collection madison papers madison recollected remonstrance approbation baptists quakers roman catholics universally methodists part even sect formerly established law madison monopolies perpetuities corporations ecclesiastical endowments fleet madison memorandum william mary accounts background evolution virginia bill religious liberty see james struggle religious liberty virginia thom struggle religious freedom virginia baptists cobb op supra note madison monopolies perpetuities corporations ecclesiastical endowments op cit supra note hening statutes virginia commager documents american history permoli municipality city new orleans cf barron use tiernan mayor city council city baltimore pet collection state constitutional provisions freedom religion see gavel public funds church private schools see also cooley constitutional limitations test provisions forbade office holders truth protestant religion constitution north carolina xxxii ii poore supra maryland permitted taxation support christian religion limited civil office christians see note yale see also cases collected synod dakota state see cases collected synod dakota state ibid see also cooley op supra note terrett taylor cranch watson jones wall davis beason cf reynolds supra reuben quick bear leupp cantwell state jamison state texas largent state texas murdock commonwealth pennsylvania supra west virginia state board education barnette follett town mccormick marsh state alabama cf bradfield roberts harmon dreher speer new jersey long ago permitted public utilities charge school children reduced rates see public service board public utility see also interstate consolidated street ry commonwealth supra district columbia code requires new charter district public transportation company provide three cent fare school children going public parochial like schools act subd stat note see cubberley public education ch vi knight education ch viii bill establishing religious freedom enacted general assembly virginia january see randall life thomas jefferson xii hening statutes virginia schneider state cantwell connecticut murdock pennsylvania prince massachusetts thomas collins briefs raise first amendment issue one presented hether state action involved public exclusively private function due process clause fourteenth amendment see part iv infra facts cost transportation inseparable religious secular teaching religious school cochran case state furnished secular textbooks see text infra note et part iv cf note text part iv see also note statute reads district children living remote schoolhouse board education district may make rules contracts transportation children school public school except school operated profit whole part school district provides transportation public school children school transportation point established school route point established school route shall supplied school children residing school district going school public school except school operated profit whole part laws new jersey full text resolution given note infra public schools attended trenton senior high school trenton junior high school pennington high school ewing township provides public high schools affording elementary public schools stop eighth grade ewing school board pays transportation tuitions pupils attending public high schools private schools catholic covered application resolution mary cathedral high school trenton catholic boys high school two elementary parochial schools hedwig parochial school francis school ewing board pays transportation schools tuitions far record discloses board pay provide transportation elementary school public private see notes text infra ix writings james madison ed hunt padover jefferson madison characterization related jefferson entire revision virginia code bill establishing religious freedom part see note see reynolds davis beason mormon church jacobson massachusetts prince massachusetts also cleveland possibly first official declaration present danger doctrine jefferson declaration virginia statute establishing religious freedom time enough rightful purposes civil government officers interfere principles break overt acts peace good order randall life thoma jefferson padover jefferson madison view effect see note infra murdock pennsylvania martin struthers jamison texas marsh alabama tucker texas conflicts earlier colonies contributed much generation amendment none directly virginia formative influence amendment content wording see cobb religious liberty america sweet story religion america charter rhode island ii poore constitutions first colonial charter provide religious freedom climactic period virginia struggle covers decade adoption declaration rights enactment statute religious freedom short accounts see padover jefferson brant james madison virginia revolutionist cc xii xv james struggle religious liberty virginia cc xi eckenrode separation church state virginia works randall see note cited opinion names authors citations refer works thomas jefferson ed ford writings james madison ed hunt brant cc xii xv james cc xi eckenrode see brant xii particularly cf madison remonstrance appendix opinion jefferson course held view see note looked upon religious freedom judge concentrated attention gave fundamental freedom brant see remonstrance par appendix see brant madison quoted liberally declaration remonstrance use made quotations indicates considered declaration outlawed prevailing establishment principle technically jefferson chairman revising committee chief draftsman corevisers wythe pendleton mason lee first enacted portion revision became known jefferson code statute barring entailments primogeniture soon followed much longer author wait enactment bill religious freedom death corollary bill accepted principle considered important namely provide common education public expense see jefferson however linked disestablishment collorary prime parts system basic freedoms jefferson jefferson madison sponsorship sought give bill establishing religious freedom nearly constitutional status time acknowledging one legislature acts succeeding assemblies therefore declare act irrevocable effect law bill concluding provision enacted nevertheless asserted free declare declare rights hereby asserted natural rights mankind act shall hereafter passed repeal present narrow operations act infringement natural right randall see jefferson xii jefferson padover madison regarded action desertion see letter monroe april ii madison james cc xi see eckenrode suggesting surrender inevitable bill provided every sum paid sheriff collector shall give receipt expressing therein society christians person may receive shall direct money paid see also notes infra copy assessment bill found among washington manuscripts library congress papers george washington vol crucial role virginia struggle bearing upon first amendment meaning text bill et forth supplemental appendix opinion eckenrode ii madison bill directed sheriff pay funds may appropriated person paying public treasury disposed direction general assembly encouragement seminaries learning within counties whence sums shall arise use purpose whatsoever supplemental appendix see generally eckenrode brant james authorities cited note ii madison appendix opinion eckenrode ff see also fleet madison memoranda iii william mary series major causes assigned defeat include elevation patrick henry governorship november blunder proponents allowing bill incorporations come floor incur defeat assessment bill acted madison astute leadership taking advantage every convert initial minority majority including deferment action third reading fall remonstrance bringing flood protesting petitions general poverty time see eckenrode excellent short detailed account see james brant op cit supra note madison cf notes madison brant assurance made first constituents responsible madison becoming member virginia convention ratified constitution see james amendment respect religious liberties read madison introduced civil rights none shall abridged account religious belief worship shall national religion established shall full equal rights conscience manner pretext infringed annals congress process debate modified present form see especially annals congress also note see text remonstrance appendix also notes supra text madison one exception concerning restraint public order thus declared private letter ix madison written first amendment adopted tendency usurpation one side corrupting coalition alliance best guarded agst entire abstinance govt interference way whatever beyond necessity preserving public order protecting sect agst trespasses legal rights others cf note third ground remonstrance see appendix bears repetition emphasis proper take alarm first experiment liberties freemen america wait till usurped power strengthened exercise entangled question precedents saw consequences principle avoided consequences denying principle revere lesson much soon forget see authority force citizen contribute three pence property support one establishment may force conform establishment cases whatsoever emphasis added ii madison eckenrode summary remonstrance bill implies either civil magistrate competent judge religious truth may employ religion engine civil policy first arrogant pretention falsified contradictory opinion rulers ages throughout world second unhallowed perversion means salvation remonstrance appendix par ii madison pointed note part iv infra cochran louisiana state board education case see text supra notes madison course one many holding views nevertheless agreeing common understanding adoption bill rights order remove doubt engendered absence explicit guaranties original constitution great fight establishments ended although vestiges remained later even virginia glebes example sold cf eckenrode fixing exact date almost impossible since process piecemeal although madison failed virginia bill rights declare explicitly establishment cf note text supra levy support anglican clergy suspended never resumed eckenrode act effect destroyed establishment many dates given end really came january act suspending payment tithes became effective seen time freeing almost half taxpayers burden state religion state religion end nobody forced support attempt levy tithes upon anglicans alone recruit ranks dissent see also pp question assessment however revived far strength ever summer seem factual therefore fix time disestablishment december issue large finally settled one point wording proposed religion shall established law shall rights conscience infringed annals congress cf note representative huntington connecticut feared might construed prevent judicial enforcement private pledges stated feared words might taken latitude extremely hurtful cause religion understood amendment mean expressed gentleman virginia others might find convenient put another construction upon ministers congregations eastward maintained contributions belonged society expense building contributed manner things regulated action brought federal cases person neglected perform engagements compelled support ministers building places worship might construed religious establishment annals congress avoid possibility madison suggested inserting word thereby disclaiming intent bring result huntington feared also showing unmistakably meant public religion financial sense annals congress see also ix madison decision closely touching question squarely raised quick bear leupp distinguished sharply appropriations public funds support religious education appropriations funds held trust government essentially trustee private individuals indian wards beneficial owners ruling latter disbursed private religious schools designation patrons paying cost education stated also use public moneys violate first amendment specific statutory declaration involved namely hereby declared settled policy government hereafter make appropriation whatever education sectarian school page page cf ponce roman catholic apostolic church see bradfield roberts instance highly artificial grounding support decision sustaining appropriation care indigent patients pursuant contract private hospital cf also authorities cited note see text note religious test shall ever required qualification office public trust const art vi cl see also two forms prescribed president oath affirmation const art ii cf ex parte garland wall cummings missouri wall lovett words virginia statute following portion preamble quoted beginning opinion even forcing support teacher religious persuasion depriving comfortable liberty giving contributions particular pastor whose morals make pattern whose powers feels persuasive righteousness withdrawing ministry rewards proceeding approbation personal conduct additional incitement earnest unremitting labors instruction mankind cf notes text supra see note see bower church state education fundamental division education whole self secular religious justified grounds either sound educational philosophy modern functional concept relation religion personal social experience see also vere elementary school essays catholic education gabel public funds church private schools seem strange ruling presumably small license fee placed upon exercise right religious instruction yet correlative constitutional guaranty establishment taxes may levied used aid promote religious instruction amounts used small see notes supra text madison objection pence contributions stress upon principle without waiting power entangled question precedents note reinforced characterization assessment bill may present form inquisition differs degree one first step last career intolerance remonstrance par ii madison part state function supply religious schools patrons smaller items educational expense legislature may say perform public function hard see larger ones also may paid indeed seem even proper necessary state one class expenditures justified ground supports general cause education benefits individual made legislative declaration even certainly sustain payment transportation school textbooks essential materials perhaps school lunches makes things effective intended end make public function smaller items cumulative effect make wholly private character larger things without smaller meaning use general diffusion christian knowledge hath natural tendency correct morals men restrain vices preserve peace society effected without competent provision learned teachers may thereby enabled devote time attention duty instructing citizens circumstances want education otherwise attain knowledge judged provision may made legislature without counteracting liberal principle heretofore adopted intended preserved abolishing distinctions eminence amongst different societies communities christians supplemental appendix foote sketches virginia establishment proposed bill requisite support christian religion say contradiction christian religion every page disavows dependence powers world establishment question necessary support civil government influence fact ecclesiastical establishments civil society instance seen guardians berties people ii madison experience witnesseth ecclesiastical establishments instead maintaining purity efficacy religion contrary operation ii madison least let warning taken first fruit threatened innovation appearance bill transformed forbearance love charity late mutually prevailed animosities jealousies may soon appeased ii madison case briefs amici curiae filed behalf various organizations representing three religious sects one labor union american civil liberties union illinois indiana louisiana massachusetts michigan new york laws similar new jersey one religious sect support constitutionality new jersey action others oppose maryland mississippi sustained similar legislation note infra state without legislation sort filed opposing brief least six held action invalid namely delaware oklahoma new york south dakota washington wisconsin note infra new york ruling overturned amendment state constitution constitution new york art xi furthermore case new jersey courts divided holding statute resolution invalid errors appeals reversing decision courts judges split one three dissenting three nine errors appeals division typical see cases cited note see authorities cited note see note state courts sustained statutes granting free transportation free school books children attending demoninational schools theory aid benefit child rather school see nichols henry compare sherrard jefferson county board education cochran louisiana state board education la affirmed borden louisiana state board education la board education wheat md adams county mary county md chance mississippi state textbook board miss see also bowker baker courts held statutes unconstitutional state constitutions aid schools judd board education see note supra smith donahue state ex rel traub brown del gurney ferguson okl mitchell consolidated school district state ex rel van straten milquet cf hlebanja brewe since many state constitutions provisions forbidding appropriation public funds private purposes cases issue whether statute purpose present see note yale gurney ferguson okl mitchell consolidated school district smith donahue board education wheat md dissenting opinion page page true whether appropriation payment form individual institution id questions gravity turn upon purpose effect state expenditure accomplish forbidden object upon receives amount applies end form manner payment payments averaged roughly year per child see part see also note supra remonstrance par thus brief filed supporters new jersey action see note relies strongly cochran louisiana state board education either explicitly effect maintains controlling present case see text notes supra authorities cited also foote sketches virginia xv madison entire thesis reflected throughout remonstrance writings well opposition final form assessment bill see note altogether incompatible acceptance general support see brant xii protections nature require appropriations specially made public treasury earmarked new jersey particularly religious institutions uses first amendment exclude religious property activities protection disorder ordinary accidental incidents community life forbids support protection interference destruction matter frequently recalled president grant opposed tax exemption religious property leading violation principle separation church state see president grant seventh annual message congress december ix messages papers presidents garfield letter accepting nomination presidency said unjust people dangerous institutions apply portion revenues nation support sectarian schools separation church state everything relating taxation absolute ii works james abram garfield ed hibsdale neither case public utility extends reduced fares school children including patrons religious schools whether legislative compulsion upon private utility extend advantage valid extension municipally owned system required consider former instance rate generally always latter vice using taxing power raise funds support religion present seem least doubtfully sufficient basis reasonable classification children excluded simply school feasible attend view geographic situation might one conducted whole part profit cf note see note supra resolution follows according school board minutes read proof transportation committee recommended transportation pupils ewing trenton pennington high schools catholic schools way public carrier recent years motion ralph ryan french adopted emphasis added new jersey holding resolution within authority conferred state statute binding us reinman little rock hadacheck sebastian population ewing township located near city trenton according census sixteenth census population vol thomas collins said preferred place given scheme great democratic freedoms secured first amendment gives sanctity sanction permitting dubious intrusions cf remonstrance pars cases held usual presumption constitutionality work save legislative excursions field carolene products note see wechsler stone constitution et seq apart admission new jersey present action approaches verge power seem statute ordinance resolution face singles one sect name enjoyment advantages public schools students held discriminatory face virtue fact alone unless positively shown sects sought available receive advantages art note original decl reghts art note original art note original art note original decl note original copy assessment bill one december third reading bill postponed ordered distributed virginia counties house delegates see journal virginia house delegates december eckenrode bill therefore final form never reached floor house eckenrode