mcgowan maryland argued december decided may appellants employees large department store highway anne arundel county convicted fined maryland state selling sunday binder floor wax stapler staples toy violation md ann code art generally prohibits sale sunday merchandise except retail sale tobacco products confectioneries milk bread fruit gasoline oils greases drugs medicines newspapers periodicals recent amendments except prohibition retail sale anne arundel county foodstuffs automobile boating accessories flowers toilet goods hospital supplies souvenirs exempt entirely retail establishment county employs one person owner many maryland laws prohibit specific activities sundays limit certain hours places conditions held art violate equal protection due process clause fourteenth amendment constitute law respecting establishment religion within meaning first amendment made applicable fourteenth amendment pp art violate equal protection clause fourteenth amendment pp record case said classifications made statute without rational substantial relation objects legislation exceed wide discretion permitted enacting laws affect groups citizens differently others pp provisions statute permit certain anne arundel county retailers sell merchandise essential customarily sold incidental operation bathing beaches amusement parks discriminate invidiously retailers maryland counties equal protection clause violated art permits certain merchants anne arundel county operators bathing beaches amusement parks etc sell merchandise customarily sold places forbidding sale vendors appellants employer pp art exempts retail sales merchandise essential customarily sold incidental operation bathing beaches amusement parks vague violate due process clause fourteenth amendment pp art law respecting establishment religion within meaning first amendment pp since appellants allege economic injury allege infringement religious freedoms standing raise question whether statute prohibits free exercise religion contrary first amendment pp since appellants suffered direct economic injury allegedly due imposition tenets christian religion standing complain statute law respecting establishment religion pp light evolution sunday closing laws centuries less recent emphasis upon secular considerations concluded presently written administered least secular rather religious character presently bear relationship establishment religion words used constitution pp present purpose effect sunday closing laws provide uniform day rest citizens fact day sunday day particular significance dominant christian sects bar state achieving secular goals pp engaging close scrutiny demanded first amendment liberties issue accepts determination state present purpose effect statute involved aid religion set aside day rest recreation pp rejects appellants contention state means disposal accomplish secular purpose even remotely incidentally give state aid religion pp harry silbert argued cause appellants brief jerome diener sidney schlachman john martin jones special assistant attorney general maryland argued cause appellee brief ferdinand sybert attorney general chief justice warren delivered opinion issues case concern constitutional validity maryland criminal statutes commonly known sunday closing laws sunday blue laws statutes exceptions noted hereafter generally proscribe labor business commercial activities sunday questions presented whether classifications within statutes bring denial equal protection law whether laws vague fail give reasonable notice forbidden conduct therefore violate due process whether statutes laws respecting establishment religion prohibiting free exercise thereof appellants seven employees large discount department store located highway anne arundel county maryland indicted sunday sale binder floor wax stapler staples toy submarine violation md ann code art generally section prohibited throughout state sunday sale merchandise except retail sale tobacco products confectioneries milk bread fruits gasoline oils greases drugs medicines newspapers periodicals recently amended section also excepts general prohibition retail sale anne arundel county foodstuffs automobile boating accessories flowers toilet goods hospital supplies souvenirs provides retail establishment anne arundel county employ one person owner may operate sunday although appellants indicated order properly consider several broad constitutional contentions must examine whole body maryland sunday laws several sections maryland statutes particularly relevant evaluation issues presented section md ann code art forbids persons work bodily labor sunday forbids permitting children servants work day engage fishing hunting unlawful pastimes recreations section excepts works necessity charity section md ann code art disallows opening use dancing saloon opera house bowling alley barber shop sunday however addition exceptions noted md ann code art exempts anne arundel county sunday operation bathing beach bathhouse dancing saloon amusement park activities incident thereto retail sales merchandise customarily sold incidental operation aforesaid occupations businesses section md ann code art makes generally unlawful sale alcoholic beverages sunday however section immediately succeeding ones provide various immunities sunday sale different kinds alcoholic beverages different hours day vendors holding different types licenses different political divisions state particularly anne arundel county see md ann code art remaining statutory sections concern myriad exceptions various counties districts counties cities towns throughout state among activities allowed certain areas sunday sports football baseball golf tennis bowling croquet basketball lacrosse soccer hockey swimming softball boating fishing skating horseback riding stock car racing pool billiards immunized activities permitted regions state include group singing playing musical instruments exhibition motion pictures dancing operation recreation centers picnic grounds swimming pools skating rinks miniature golf courses taking oysters hunting killing game generally forbidden shooting conducted organized rod gun clubs permitted one county subdivisions within state exempted sunday activities sanctioned throughout day others may commence early afternoon evening many activities may conducted afternoon late evening certain localities permit allowed sunday activity carried within one hundred yards church religious services held local ordinances regulations concerning certain limited activities supplement state statutory scheme anne arundel county example slot machines pinball machines bingo may played sunday among things appellants contended trial maryland statutes charged contrary fourteenth amendment reasons stated outset opinion appellants convicted fined five dollars costs maryland appeals affirmed md appeal brought noted probable jurisdiction appellants argue maryland statutes violate equal protection clause fourteenth amendment several counts first contend classifications contained statutes concerning commodities may may sold sunday without rational substantial relation object legislation specifically appellants allege statutory exemptions sunday sale merchandise mentioned render arbitrary statute convicted appellants allege capricious exemptions operation various amusements listed slot machines machines bingo legalized freely played sunday standards proposition evaluated set forth many times although precise formula developed held fourteenth amendment permits wide scope discretion enacting laws affect groups citizens differently others constitutional safeguard offended classification rests grounds wholly irrelevant achievement state objective state legislatures presumed acted within constitutional power despite fact practice laws result inequality statutory discrimination set aside state facts reasonably may conceived justify see kotch board river port pilot metropolitan casualty ins brownell lindsley natural carbonic gas atchison matthews seem legislature reasonably find sunday sale exempted commodities necessary either health populace enhancement recreational atmosphere day family takes sunday ride country need gasoline automobile may find pleasant soft drink fresh fruit go beach may wish ice cream item normally sold people prefer alcoholic beverages games chance add relaxation newspapers drug products always available public record barren indication apparently reasonable basis exist statutory distinctions invidious local tradition custom might rationally call legislative treatment see salsburg maryland kotch board river port pilot supra likewise fact exemptions exist deny vendors operators day rest recreation contemplated legislature render statutes violative equal protection since appear many valid reasons exemptions stated evidence dispel secondly appellants contend statutory arrangement permits certain anne arundel county retailers sell merchandise essential customarily sold incidental operation bathing beaches amusement parks et cetera contrary equal protection clause discriminates unreasonably retailers maryland counties held equal protection clause relates equality persons rather areas territorial uniformity constitutional prerequisite particular reference state maryland noted prescription different substantive offenses different counties generally matter legislative discretion find invidious discrimination see salsburg maryland supra thirdly appellants contend statutory provision art violates equal protection clause permits certain merchants within anne arundel county operators bathing beaches amusement parks et cetera sell merchandise customarily sold places forbidding sale vendors merchandise appellants employer seem legislature reasonably find commodities necessary health recreation citizens sold sunday vendors locations commodities likely immediately put use determination seem serve consuming public time secure sunday rest employees like appellants retail establishments addition enforcement problems accrue large retail establishments like appellants employer permitted remain open sunday restricted sale merchandise question far greater problems accruing beach amusement park vendors exempted indication unreasonableness differentiation record us say statutes provide equal protection laws ii another question presented appellants whether art exempts sunday retail sale merchandise essential customarily sold incidental operation bathing beaches amusement parks et cetera anne arundel county unconstitutionally vague believe business people ordinary intelligence position appellants employer able know exceptions encompassed statute either matter ordinary commercial knowledge simply making reasonable investigation nearby bathing beach amusement park within county see harriss circumstances necessity guess statute meaning order determine conduct makes criminal connally general construction questions concerning proof items appellants sold customarily sold incidental operation bathing beach amusement park raised maryland appeals raised thus consider matter whitney california iii final questions decision whether maryland sunday closing laws conflict federal constitution provisions religious liberty first appellants contend statutes applicable anne arundel county violate constitutional guarantee freedom religion statutes effect prohibit free exercise religion contravention first amendment made applicable fourteenth amendment appellants allege economic injury allege infringement religious freedoms due sunday closing fact record silent appellants religious beliefs since general rule litigant may assert constitutional rights immunities raines hold appellants standing raise contention tileston ullman furthermore since appellants specifically allege statutes infringe upon religious beliefs department store present prospective patrons occasion consider standing question pierce society sisters persons whose religious rights allegedly impaired statutes without effective ways assert rights cf alabama barrows jackson appellants present weighty countervailing policies cause exception general principles see raines supra secondly appellants contend statutes violate guarantee separation church state statutes laws respecting establishment religion contrary first amendment made applicable fourteenth amendment purpose establishment clause insure protection free exercise religion said concerning appellants standing raise free exercise contention appear true however writings madison first amendment architect demonstrate establishment religion equally feared tendencies political tyranny subversion civil authority thus everson board education supra permitted district taxpayer challenge establishment grounds state statute authorized district boards education reimburse parents fares paid transportation children public catholic schools appellants concededly suffered direct economic injury allegedly due imposition tenets christian religion find circumstances appellants standing complain statutes laws respecting establishment religion essence appellants establishment argument sunday sabbath day predominant christian sects purpose enforced stoppage labor day facilitate encourage church attendance purpose setting sunday day universal rest induce people religion people marginal religious beliefs join predominant christian sects purpose atmosphere tranquility created sunday closing aid conduct church services religious observance sacred day substantiating establishment argument appellants rely wording present maryland statutes earlier versions current sunday laws prior judicial characterizations laws maryland appeals although constitutionality section appellants convicted immediately us litigation inquiry history sunday closing laws country addition examination maryland sunday closing statutes entirety history relevant decision whether maryland sunday law question one respecting establishment religion dispute original laws dealt sunday labor motivated religious forces must decide whether present sunday legislation undergone extensive changes earliest forms still retains religious character sunday closing laws go far back american history brought colonies background english legislation dating thirteenth century henry iii forbade frequenting markets sunday sunday showing wools staple banned edward iii henry iv prohibited playing unlawful games sunday henry vi proscribed sunday fairs churchyards four years later made unlawful fairs markets showings goods merchandise edward vi disallowed sunday bodily labor several injunctions century various sunday sports amusements restricted charles lewis critical history sunday legislation johnson yost separation church state law colonies time revolution basis sunday laws charles ii provided part better observation keeping holy lord day commonly called sunday enacted laws enacted force concerning observation day repairing church thereon carefully put execution every person persons whatsoever shall upon every lord day apply observation exercising thereon duties piety true religion publicly privately tradesman artificer workman laborer person whatsoever shall exercise worldly labor business work ordinary callings upon lord day part thereof works necessity charity excepted person persons whatsoever shall publicly cry show forth expose sale wares merchandise fruit herbs goods chattels whatsoever upon lord day part thereof emphasis added american colonial sunday restrictions arose soon settlement starting plymouth colony proscribed servile work unnecessary travelling sports sale alcoholic beverages lord day enacted laws concerning church attendance massachusetts bay colony connecticut new colonies enacted similar prohibitions even earlier seventeenth century religious orientation colonial statutes equally apparent example massachusetts bay instruction began end sabbath may celebrated religious manner enactment spoke sunday activities things tend much dishonor god reproach religion profanation holy sabbath sanctification whereof sometimes put duties immediately respecting service god lewis op supra pp particularly laws persevered revolution time first amendment adoption colonies laws sort restricting sunday labor see note harv rev johnson yost op supra pp despite strongly religious origin laws beginning eighteenth century nonreligious arguments sunday closing began heard distinctly statutes began lose totally religious flavor middle blackstone wrote keeping one day seven holy time relaxation refreshment well public worship admirable service state considered merely civil institution humanizes help conversation society manners lower classes otherwise degenerate sordid ferocity savage selfishness spirit enables industrious workman pursue occupation ensuing week health cheerfulness bl comm english statute dealing chimney sweeps geo iii addition providing sunday religious affairs also regulated hours work preamble rhode island enactment stated reason ban sunday employment persons evill minded presumed employ servile labor necessity requireth servants records colony rhode island providence plantations new york law omitted term lord day substituted first day week commonly called sunday laws similar changes marked maryland statutes discussed advent first amendment colonial provisions requiring church attendance soon repealed note harv supra pp recently secular justifications advanced making sunday day rest day people may recover labors week passed may physically mentally prepare week work come england first world war committee investigating health conditions munitions workers reported maximum output secured maintained length time weekly period rest must allowed economic social grounds alike weekly period rest best provided sunday proponents sunday closing legislation longer exclusively representatives religious interests recent new jersey sunday legislation supported labor groups trade associations note harv rev modern english sunday legislation promoted national federation grocers supported national chamber trade drapers chamber trade national union shop assistants parliamentary debates commons throughout years state legislatures modified deleted added sunday statutes evidenced new jersey laws mentioned current changes commonplace almost every state country presently type sunday regulation forty possess relatively comprehensive system note harv rev note rutgers rev enforce sunday legislation departments labor code ann thus sunday laws evolved wholly religious sanctions originally enacted moreover litigation sunday closing laws novel scores cases may found state appellate courts relating sundry phases sunday enactments religious objections raised numerous occasions sustained ex parte newman cal decision overruled three years later ex parte andrews cal substantial number cases varying postures bearing state sunday legislation reached although none raising issues presented gained plenary hearing language used cases evidences evolution sunday laws temporal statutes justice field wrote soon hing crowley laws setting aside sunday day rest upheld right government legislate promotion religious observances right protect persons physical moral debasement comes uninterrupted labor laws always deemed beneficent merciful laws especially poor dependent laborers factories workshops heated rooms cities validity sustained highest courts requirement cessation labor enactment legislature given sanction law rule conduct entire civilized world recognizes essential physical moral society upon subject concurrence opinion among philosophers moralists statesmen nations necessity periodical cessations labor one day seven rule founded experience sustained science prohibition secular business sunday advocated ground general welfare advanced labor protected moral physical society promoted none less civil regulation day running freight trains prohibited kept many sense religious duty legislature disputed power enact laws promote order secure comfort happiness health people within discretion fix day labor within limits state works necessity charity excepted cease turning maryland legislation attack investigation historical position sunday closing laws occupied reference first amendment undertaken everson board education supra considered happenings surrounding virginia general assembly enactment act establishing religious freedom hening statutes virginia written thomas jefferson sponsored james madison best reflecting long intensive struggle religious freedom america particularly relevant search first amendment meaning see opinions everson board education supra nine years bill passage madison virginia declaration rights provided inter alia men equally entitled free exercise religion according dictates conscience hening statutes virginia virginia sunday legislation since early seventeenth century laws penalizing maintaining opinions matters religion forbearing repair church exercising mode worship whatsoever emphasis added repealed dissenters freed taxes levied support established church sunday labor prohibitions remained apparently believed inconsistent newly enacted declaration rights madison sought also declaration expressly condemn existing virginia establishment hope finally realized bill establishing religious freedom passed year madison presented virginia legislators bill punishing sabbath breakers provided part person sunday shall found labouring trade calling shall employ apprentices servants slaves labour business except ordinary household offices daily necessity work necessity charity shall forfeit sum ten shillings every offence deeming every apprentice servant slave employed every day shall employed constituting distinct offence happily enjoy utmost freedom religion fortunately commonwealth majority people decidedly exclusive establishment believe appeal uniform conduct subject warmly supported religious freedom reynolds relied heavily history virginia bill case concerned mormon attack statute making bigamy crime said connection case considering significant fact december passage act establishing religious freedom convention virginia recommended amendment constitution declaration bill rights men equal natural unalienable right free exercise religion according dictates conscience legislature state substantially enacted statute james death penalty included recited preamble hath doubted whether bigamy poligamy punishable laws commonwealth hening stat day think may safely said never time state union polygamy offence society cognizable civil courts punishable less severity face evidence impossible believe constitutional guaranty religious freedom intended prohibit legislation respect important feature social life order dispose case us must consider standards maryland statutes measured brief review first amendment background proves helpful first amendment congress shall make law respecting establishment religion amend amendment proposed james madison june house representatives read part civil rights none shall abridged account religious belief worship shall national religion established shall full equal rights conscience manner pretext infringed emphasis added annals congress report house committee subject amendments constitution submitted recommended insertion language religion shall established law annals congress gerry said read better religious doctrine shall established law madison said apprehended meaning words congress establish religion enforce legal observation law compel men worship god manner contrary conscience believed people feared one sect might obtain two combine together establish religion compel others conform amendment passed house representatives nine days later read part congress shall make law establishing religion records senate nat archives congress shall make law establishing articles faith mode worship ibid however equally true establishment clause ban federal state regulation conduct whose reason effect merely happens coincide harmonize tenets religions many instances congress state legislatures conclude general welfare society wholly apart religious considerations demands regulation thus temporal purposes murder illegal fact agrees dictates religions may disagree others invalidate regulation questions adultery polygamy davis beason reynolds supra said theft fraud offenses also proscribed decalogue thus broad principles set forth cases dealing specific problems arising establishment clause reached number extensive discussion establishment clause latitude found everson board education supra pp establishment 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 entertaining professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever form 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 light evolution sunday closing laws centuries less recent emphasis upon secular considerations difficult discern presently written administered least secular rather religious character presently bear relationship establishment religion words used constitution throughout century longer federal state governments oriented activities largely toward improvement health safety recreation general citizens numerous laws affecting public health safety factors industry laws affecting hours conditions labor women children diversion parks beaches cultural activities various kinds point way toward good life sunday closing laws like us become part parcel great governmental concern wholly apart original purposes connotations present purpose effect provide uniform day rest citizens fact day sunday day particular significance dominant christian sects bar state achieving secular goals say prescribe sunday day rest purposes solely centuries ago laws genesis religion give constitutional interpretation hostility public welfare rather one mere separation church state reach maryland statutes review title major series sections maryland code dealing sunday closing art sabbath breaking proscribes work bodily labor lord day forbids persons profane lord day gaming fishing et cetera refers sunday sabbath day mentioned many exempted sunday activities various localities state may conducted afternoon late evening christian church services course held sunday morning early sunday evening finally previously noted certain localities permit allowed sunday activities carried within one hundred yards church religious services held totality evidence religious purpose may gleaned face present statute operative effect predecessors existing maryland sunday laws undeniably religious origin first maryland statute dealing sunday activities enacted entitled act concerning religion archives maryland made criminal profane sabbath lords day called sunday frequent swearing drunkenness uncivil disorderly recreation working day absolute necessity doth require statute entitled act service almighty god establishment protestant religion within province archives maryland first stating importance keeping lord day holy sanctified expressing concern breach observance throughout state enacted sunday labor prohibition obvious precursor present entitled act sanctifying keeping holy lord day commonly called sunday archives maryland section statute assumed present form omitting specific prohibition sunday swearing patently religiously motivated title bacon laws maryland xvi judicial statements early maryland decisions tend support appellants position case involving contract calling delivery sunday maryland appeals remarked christian community day set apart day rest day consecrated resurrection saviour embraces hours next ensuing midnight saturday kilgour miles gill johnson language cited approval judefind state md also stated undoubtedly true rest secular employment sunday tendency foster encourage christian religion sects denominations observe day rest work ordinary occupation enables many engage public worship probably otherwise scarcely asked professes christian land declare law unconstitutional requires rest bodily labor sunday except works necessity charity thereby promotes cause christianity christian religion incidentially otherwise benefited fostered day rest undoubtedly reason enforcement laws help preserve whilst courts generally sustained sunday laws civil regulations decisions less weight shown accordance divine law well human considering language operative effect current statutes longer find blanket prohibition sunday work bodily labor contrary find art section appellants violated permits sunday sale tobaccos sweets long list sundry articles enumerated find art permits sunday operation bathing beaches amusement parks similar facilities find art permits sunday sale alcoholic beverages products strictly forbidden predecessor statutes told anne arundel county allows sunday bingo sunday playing pinball machines slot machines activities generally condemned prior maryland sunday legislation certainly works charity necessity section current stipulation shops one employee may remain open sunday coincide religious purpose provisions along permit various sports entertainments sunday seem clearly fashioned purpose providing sunday atmosphere recreation cheerfulness repose enjoyment coupled general proscription types work believe air day one relaxation rather one religion existing maryland sunday laws simply verbatim religiously oriented antecedents retains appellation lord day even section longer makes recitation religious purpose talk terms profan ing lord day sections permit activities previously thought profane prior denunciation sunday drunkenness gone contemporary concern statutes evidenced dozen changes made recent enactment majority exceptions finally relevant pronouncements maryland appeals dispel argument statutes announced purpose religious hiller maryland md baltimore ordinance prohibiting sunday baseball said eminent chief judge said respect police enactments deal protection public health morals safety apply equal force concerned peace order quiet community sunday social conditions well recognized heads police power say ordinance real substantial relation peace order quiet sunday day rest city baltimore see also levering williams md answer appellants contentions told state means disposal accomplish secular purpose courses even remotely incidentally give state aid religion basis asked hold statutes invalid ground state power regulate conduct public interest may executed way unduly unnecessarily infringe upon religious provisions first amendment see cantwell connecticut supra pp however relevant argument may believe factual basis rests supportable true state interest simply provide citizens periodic respite work regulation demanding everyone rest one day seven leaving choice day individual suffice however state purpose merely provide work stoppage addition state seeks set one day apart others day rest repose recreation tranquility day members family community opportunity spend enjoy together day exists relative quiet disassociation everyday intensity commercial activities day people may visit friends relatives available working days obviously state empowered determine statute accomplish purpose provide general cessation activity special atmosphere tranquility day members family friends relatives might spend together furthermore seems plain problems involved enforcing provision exceedingly difficult enforcing provision moreover common knowledge first day week come special significance rest day country people religions people religion regard sunday time family activity visiting friends relatives late sleeping passive active entertainments dining like vast masses people fact literally millions go countryside fine sunday afternoons summer parliamentary debates commons sunday day apart others cause irrelevant fact exists seem unrealistic enforcement purposes perhaps detrimental general welfare require state choose common day rest persons select accord reasons hold maryland statutes laws respecting establishment religion distinctions statutes case us state action mccollum board education supra case finding violation establishment clause lend substantiation conclusion mccollum state action permitted religious instruction public school buildings school hours required students attending religious instruction remain classrooms time found system effect coercing children attend religious classes coercion attend church services present situation bar mccollum alternative available nonattending students remain classrooms alternatives open nonlaboring persons instant case far diverse mccollum direct cooperation state officials religious ministers direct participation exists maryland laws mccollum buildings used aid religion instant case tax monies used aid religion finally make clear case deals constitutionality maryland statute us hold sunday legislation may violation establishment clause demonstrated purpose evidenced either face legislation conjunction legislative history operative effect use state coercive power aid religion accordingly decision affirmed dissenting opinion justice douglas see post appendix opinion md ann code art sabbath working sunday permitting children servants game fish hunt etc person whatsoever shall work bodily labor lord day commonly called sunday person children servants shall command wittingly willingly suffer manner work labor lord day works necessity charity always excepted shall suffer permit children servants profane lord day gaming fishing fowling hunting unlawful pastime recreation every person transgressing section hereof convicted justice peace shall forfeit five dollars applied use county beaches amusement parks picnic groves anne arundel county shall lawful operate work employed occupations operating bathing beach bathhouse amusement park dancing saloon sale selling novelties souvenirs accessories merchandise essential customarily sold incidental operation aforesaid occupations businesses retail picnic groves amusements games amusement rides amusement devices entertainments shows hiring renting boats tables chairs beach umbrellas first day week commonly called sunday within anne arundel county article repealed far extent prohibit operating working employment persons operation bathing beach bathhouse amusement park dancing saloon sale selling retail merchandise essential customarily sold incidental operation aforesaid occupations businesses picnic groves amusements games amusement rides amusement devices entertainments shows hiring renting boats tables chairs beach umbrellas first day week commonly called sunday anne arundel county sale merchandise sunday exceptions sunday sales merchandise prohibited excepted articles person state shall sell dispose barter deal give away articles merchandise sunday except retailers may sell deliver said day tobacco cigars cigarettes candy sodas soft drinks ice ice cream ices confectionery milk bread fruits gasoline oils greases additional excepted articles anne arundel county certain establishments excepted anne arundel county addition articles merchandise hereinbefore mentioned retailers may sell barter deal deliver sunday following articles merchandise butter eggs cream soap detergents disinfectants vegetables meats food food stuffs prepared intended human consumption automobile accessories parts boating fishing accessories artificial natural flowers shrubs toilet goods hospital supplies thermometers camera films souvenirs surgical instruments rubber goods paper goods drugs medicines patent medicines articles used relief pain prescribed physician provided however nothing subtitle shall construed prevent operation retail establishment sunday operation entail employment one person including owner proprietor penalty violation second subsequent offenses revocation license person violating one provisions section shall liable indictment state criminal jurisdiction upon conviction thereof shall fined sum less twenty fifty dollars discretion first offense convicted second time violation section person persons offending shall fined sum less imprisoned less days discretion license issued shall declared null void judge said shall lawful person persons obtain another license period twelve months time conviction shall license obtained person persons carry said business premises elsewhere person aforesaid convicted interest whatever therein shall derive profit whatever therefrom case convicted twice violation section person persons occasion shall imprisoned less thirty sixty days fined sum less double imposed person persons last preceding conviction license issued shall declared null void new license shall issued person persons period two years time conviction anyone else carry said business wherein anywise interested provided second violation provisions section fines imposed section shall paid state apothecaries sale newspapers periodicals section apply apothecaries apothecaries may sell sunday drugs medicines patent medicines week days section shall apply sale newspapers keeping open using dancing saloon opera house tenpin alley barber saloon ball alley sunday shall lawful keep open use dancing saloon opera house tenpin alley barber saloon ball alley within state sabbath day commonly called sunday person persons body politic corporate shall violate provision section cause knowingly permit violated person persons employ shall liable indictment state criminal jurisdiction upon conviction thereof shall fined sum less fifty dollars one hundred dollars discretion first offense convicted second time violation section person persons body politic corporate shall fined sum less one hundred five hundred dollars natural person shall imprisoned less ten thirty days discretion case conviction convictions section subsequent second person persons body politic corporate shall fined occasion sum least double imposed upon last preceding conviction natural person shall imprisoned less thirty sixty days discretion fines imposed section shall paid state md ann code art anne arundel county special sunday licenses notwithstanding provision article license sale alcoholic beverages issued board license commissioners anne arundel county except special licenses provided article shall deemed shall permit authorize holder thereof sell alcoholic beverages anne arundel county sundays except hereinafter provided person holding license sale alcoholic beverages anne arundel county except persons holding class bp wp lp lt license package goods sale license six day tavern license special licenses issued board license commissioners anne arundel county shall upon application made new licenses approval thereof board license commissioners anne arundel county provided article issued license known special sunday license upon payment fee therefor provided herein special sunday license shall authorize holder thereof sell alcoholic beverages kind subject limitations hours alcoholic content beverages sold thereunder restrictions provisions govern license sale alcoholic beverages issued held holder special sunday license sunday special sunday license shall issued person hold alcoholic beverage license class issued board license commissioners anne arundel county sundays bar counter sales retail dealer holding class license shall permitted sell alcoholic beverage bar counter sunday provided anne arundel county shall lawful sell vend serve deliver consume alcoholic beverages permitted law sold first second third fourth fifth seventh eighth districts anne arundel county bar counter day sale alcoholic beverages permitted law general restrictions jurisdictions subsection applicable shall unlawful anyone sell licensed dealer deliver give away otherwise dispose alcoholic beverages sunday person selling licensed dealer delivering giving away otherwise disposing beverages jurisdictions sunday shall guilty misdemeanor upon conviction thereof shall fined exceeding fifty dollars first offense succeeding offense shall fined exceeding one hundred dollars imprisoned county jail thirty days fined imprisoned discretion subsection shall applicable effect caroline carroll cecil dorchester garrett harford kent queen anne somerset talbot washington wicomico worcester counties provided shall apply affect special class licenses issued provisions article shall apply special class licenses issued washington county temporary use footnotes companion arguments made appellants exceptions sunday sale prohibition undermine alleged purpose sunday day rest bear rational relationship thereby render statutes violative due process distinctions drawn statutes unreasonable violate due process recently declared problem legislative classification perennial one admitting doctrinaire definition evils field may different dimensions proportions requiring different remedies legislature may think tigner texas reform may take one step time addressing phase problem seems acute legislative mind semler dental examiners legislature may select one phase one field apply remedy neglecting others american sash prohibition equal protection clause goes invidious discrimination williamson lee optical emphasis added whether read way read permit sale merchandise vendors anne arundel county unclear maryland appeals found unnecessary reach question state law purposes argument accept construction set forth appellants cantwell connecticut murdock pennsylvania west virginia state board education barnette everson board education mccollum board education justice black opinion appellants standing raise contention believes claim without merit reasons expressed braunfeld brown post pp gallagher crown kosher super market post pp madison memorial remonstrance religious assessments par reprinted appendix justice rutledge dissenting opinion everson board education supra cf doremus board education complainants failed show direct particular economic detriment english statutes subsequent cited discussed lewis op supra pp new york sunday law provided whereas true sincere worship god according holy commandments often profaned neglected many inhabitants sojourners province keep holy lord day disorderly manner accustom travel laboring working shooting fishing sporting playing frequenting tippling houses using many unlawful exercises pastimes upon lord day great scandal holy christian faith enacted etc ministry munitions health munition workers committee report sunday labour memorandum see cases collected jur et seq et seq et seq see soon hing crowley hennington georgia petit minnesota friedman new york mcgee north carolina gundaker central motors gassert grochowiak pennsylvania ullner ohio kidd ohio brant james madison virginia revolutionist papers thomas jefferson elliot debates ed judefind state md maryland appeals stated article declaration rights guarantees religious liberty members distinguished body adopted constitution never supposed giving death blow sunday laws inserting article justice rutledge joined justice frankfurter justice jackson justice burton filed lengthy dissenting opinion first amendment history studied detail defined establishment problem follows 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 emphasis added person persons within province shall work bodily labour occupation upon lords day commonly called sunday shall command wilfully suffer permitt children servants slaves work labour aforesaid absolute works necessity mercy always excepted shall suffer permitt children servants slaves authority abuse prophane lords day drunkenness swearing gaming fowling fishing hunting sports pastimes recreations whatsoever maryland statute provided part hat noe ordinary keeper shall publicacon hereof directly indirectly upon sabbath lords day draw sell strong liquors permit suffer house houses tipling gaming att cards dice ninepinn playing unlawfull exercises whatsoever archives maryland purpose articulated various ways different times parliamentary debates british shops sunday trading restriction bill particularly instructive sponsor bill stated realise also state interfering family life controlling family liberty bill restrict liberty restrict liberty family responsible introducing hope show house bill necessary secure family life liberty hundreds thousands people right holiday sunday able rest work day go parks country summer day liberty asking liberty bill give parliamentary debates commons family man let say family life unduly disturbed member sunday tuesday value sunday everybody family home day use talking working week six members family day rest different day week social custom requires far possible accorded members working family working class community whole fact originally religious motives determined tradition thus established subsequently maintained law appears universal rule workers area country coincides day established tradition custom international labour office proposes rule maintained vii international labour conference sess study national standards shows usual practice grant weekly rest collectively specified days week tendency ensure weekly rest taken time workers day established tradition custom obvious social purpose namely enable workers take part life community special forms recreation available certain days vii international labour conference sess constitution provides sunday exception calculation ten days presidential veto art separate opinion justice frankfurter justice harlan deeply issues raised cases cut surprising one opinion wholly express views even members join result individual opinions constitutional controversies practice throughout history expression differences view even emphasis converging toward result makes clarity candor thereby enhances authority judicial process considerations determinative call separate statement long history sunday legislation decisive view statutes attacked perspective wider furnished necessarily limited outlook conveyed partial recital isolated instances events importance history derives continuity fullness massive testimony bears evolution statutes controlling sunday labor forces three hundred years history least changed laws transmuted made vehicle mixed complicated aspirations since find history statutes insights controllingly relevant constitutional issues us constrained set history forth detail also deem incumbent state arrive concurrence chief justice principal conclusions without drawing everson board education long colonial struggle disestablishment struggle free men whatever theological views obligation acknowledge support faiths made indisputably fundamental american culture principle enforcement religious belief legitimate concern civil government held fourteenth amendment embodies applies freedoms loosely indicated rigidly precise revealing phrase separation church state illinois ex rel mccollum board education general principles separation found included amendment due process clause view meaning presuppositions society infuse concept liberty protected clause source limitations imposed upon extent limitations akin restrictions first amendment places upon action central government freedom thought speech justice cardozo spoke palko connecticut accurate say concerning principle government must neither establish suppress religious belief rare aberrations pervasive recognition truth traced history political legal several opinions everson mccollum zorach clauson make sufficiently clear separation concept greement abstract first amendment designed erect wall separation church state preclude clash views wall separates illinois ex rel mccollum board education supra concurring opinion nature religion comprehensive sense constitution uses word aspect human thought action profoundly relates life man world lives religious beliefs pervade religious institutions traditionally regulated virtually human activity postulate american life reflected specifically first amendment constitution alone beliefs institutions shall continue needs longings people shall inspire exist function grow wither exert whatever innate strength may contain many influences upon men conduct free dictates directions state however freedom furnish adherents religious creeds entire insulation every civic obligation state interest individual becomes comprehensive concerns concerns religion perforce overlap state codes dictates faith touch activities aim human good respective views good man may concur may conflict constitutional command leaves religion free avoid quality interplay innumerable civil regulations enforce conduct harmonizes religious canons state prohibitions murder theft adultery reinforce commands decalogue regulations coincidence tenets faith always support equally beliefs religious sects witness civil laws forbidding usury enforcing monogamy laws serve ends within appropriate scope secular state interest may enforced whose religious beliefs proscribe even sanction activity law condemns reynolds davis beason cleveland say governmental regulations find support appropriateness achievement secular civil ends invariably valid first fourteenth amendment whatever effects sphere religion value society achieving object particular regulation demonstrably outweighed impediment regulation subjects whose religious practices curtailed object sought regulation equal effect achieved alternative means substantially impede religious practices regulation sustained cantwell connecticut ground upon struck municipal license taxes applied religious colporteurs follett town mccormick murdock pennsylvania jones opelika cases believed state need revenue satisfied taxing variety sources justify levy imposed upon activity light history reasonably viewed sacramental see cox new hampshire balancing public benefits secured regulatory measure degree impairment individual conduct expressive religious faith entailed sustained prohibition activity similarly regarded practicants sacramental see prince massachusetts within discriminating phraseology first amendment distinction drawn cases raising establishment free exercise questions attempt formulate distinction bound founder view competition among religious creeds whatever establishes one sect disadvantages another vice versa possible historically therefore helpful analytically less problems arising fourteenth amendment illuminated amendment national experience problems arising first isolate general terms two largely overlapping areas concern reflected two constitutional phrases establishment free exercise emerge less clearly background events impulses gave phrases birth assuring free exercise religion framers first amendment sensitive recent history persecutions impositions civil disability sectarian majorities virtually colonies visited deviation matter conscience protection unpopular creeds however full extent amendment guarantee freedom governmental intrusion matters faith battle virginia hardly four years james madison led forces disestablishment successful opposition patrick henry proposed assessment bill levying general tax support christian teachers vital compelling memory lesson battle words jefferson act establishing religious freedom whose passage verbal embodiment 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 whose powers feels persuasive righteousness withdrawing ministry temporal rewards proceeding approbation personal conduct additional incitement earnest unremitting labours instruction mankind virginia long practiced madison jefferson others fought end extension civil government support religion manner made two degree interdependent thus threatened freedom purpose establishment clause assure national legislature exert power service purely religious end virginia virtually colonies done make religion religion object legislation course immediate object first amendment prohibition established church known england colonies foresight drafted adopted words congress shall make law respecting establishment religion limit constitutional proscription particular dated form theological venture establishment clause withdrew sphere legitimate legislative concern competence specific comprehensive area human conduct man belief disbelief verity transcendental idea man expression action belief disbelief congress may make matters subject legislation may legislature country neither national government due process clause fourteenth amendment state may device support belief expression belief sake whether conviction truth belief conviction propagation belief civil welfare state served majority citizens holding belief offended hold regulations objectives establishment clause fundamental separationist concept expresses concerned regulations may fall afoul constitutional guarantee infringement free exercise observance religion must set aside instance whose faith prejudice determined challenged statute supportable implementing substantial interests promotion belief guarantee prohibiting religious establishment satisfied ask interest objective legislation serves course psychoanalyze legislators examine necessary effects enacted primary end achieved form regulation affirmation promotion religious doctrine primary sense secular ends purportedly serves derivative wholly independent advancement religion regulation beyond power state case mccollum statute furthers secular religious ends means unnecessary effectuation secular ends alone secular ends equally attained means consequences promotion religion statute stand state may endow church although church might inculcate parishioners moral concepts deemed make better citizens raison church opposed school civilly serviceable morals predication religious doctrine however inasmuch individuals free build churches worship state may guard people safety extending fire police protection churches built reasoning parents also liberty send children parochial schools meet reasonable educational standards state pierce society sisters held everson case expenditure public funds assure children attending every kind school enjoy relative security buses rather left walk hitchhike unconstitutional establishment even though expenditure may cause children go parochial schools otherwise gone close division everson serves show nice questions involved applying particular governmental action proposition undeniable abstract every regulation whose practical effects may facilitate observance religion adherents affronts requirement separation important sense constitutional prohibition religious establishment provision comprehensive availability guarantee free exercise insofar give content prohibited fusion church state former may invoked corporate operator department store whose sunday closing injures financially department store employees whatever faith convicted violation sunday statute well orthodox jewish retailer consumer claims statute prejudices ability keep faith must forgotten question department store operator employees may raise behalf narrower posed case orthodox jew establishment contention prevail absence substantial legislative purpose religious one made appear see selective draft law cases present cases sunday retail sellers employees customers attacking statutes banning various activities day christian creeds consecrate assert statutes purpose urge first legislators motives religious private unformulated influences may work upon legislation open judicial probing decisions beginning lend support whatever assumption judiciary may restrain exercise lawful power assumption wrongful purpose motive caused power exerted mccray inquiry hidden motives may move legislature exercise power constitutionally conferred upon beyond competency courts sonzinsky veazie bank fenno wall arizona california oklahoma ex rel phillips guy atkinson litigants also argue however state statutory provisions regarded legislative context religion apparent face point use terms lord day sabbath desecration exceptions whose hours permit activities times sunday religious services customarily held explicit prohibition otherwise permitted activity vicinity churches regulations condition allowance conduct consistency due observance day course since various provisions regarding exemption sunday ban certain recreational activities possible application litigants present cases constitutionality issue put forward evidence purpose statutes attacked may properly look also history body state sunday regulations urged demonstrates sectarian creedal purpose basis appraising arguments statutes religious legislation preliminary determining claims infringement conscience raised gallagher braunfeld cases necessary survey long historical development position civil sunday regulation ii purposes span centuries saw enunciation fourth commandment constantine edict proscribing labor venerable day sun sunday prohibitions carlovingian merovingian saxon rulers later english kings thirteenth fourteenth centuries may passed concern sunday institution evolved modern england american colonies union constitution first significant english sunday regulation purpose statute henry vi reciting abominable injuries offenses done almighty god saints fairs markets upon high principal feasts principal festival days great earthly covetise people willingly vexed bodily labour soiled days though nothing remember horrible defiling souls buying selling many deceitful lies false perjury drunkenness strifes specially withdrawing servants divine service ordained fairs markets cease show forth goods merchandise sundays good friday principal feast days ordinance edward vi century later limiting ban bodily labor sundays enumerated holy days demonstrated preamble similar sectarian purpose charles announcing nothing acceptable god true sincere service worship holy keeping lord day principal part true service god prohibited meetings people parishes sports pastimes sunday interludes common plays unlawful exercises pastimes day several years later king declared reproachful god religion hence made unlawful butchers slaughter carriers drovers waggoners travel lord day better observation keeping holy lord day statute charles ii still basic sunday law britain enacted every person persons whatsoever shall every lord day apply observation exercising thereon duties piety true religion publickly privately tradesman artificer workman labourer person whatsoever shall exercise worldly labour business work ordinary callings upon lord day part thereof works necessity charity excepted person persons whatsoever shall publickly cry shew forth expose sale wares merchandizes fruit herbs goods chattels whatsoever upon lord day statute geo iii reciting various public entertainments explications scriptural texts incompetent persons tended great encouragement irreligion profaneness closed rooms houses public entertainment amusement debates admission charge held sunday laws indisputably works english establishment prefatory language spoke religious inspiration exceptions made time time expressly limited preserve inviolable hours divine service administration spirit inquisitorial piety evident even period religious predominance notes secondary civil purpose heard apart counsel time reformation insisted fourth commandment embodied precept social rather sacramental significance claims asserted eighteenth century behalf sunday rest part service health welfare blackstone wrote besides notorious indecency scandal permitting secular business publicly transacted day country professing christianity corruption morals usually follows profanation keeping one day seven holy time relaxation refreshment well public worship admirable service state considered merely civil institution humanizes help conversation society manners lower classes otherwise degenerate sordid ferocity savage selfishness spirit enables industrious workman pursue occupation ensuing week health cheerfulness imprints minds people sense duty god necessary make good citizens yet worn defaced unremitted continuance labor without stated times recalling worship maker schedule act geo iii obligated master chimney sweeps apprentices washed least week providing sunday master send apprentice worship allow religious instruction allow wear sweeping dress act also regulated sweeps hours work commons select committee observance sabbath heard testimony medical doctor physically injurious effects unremitted labor although report committee reveals primarily religious cast mind discloses also sensitivity plight bakers seven thousand petitioned house one day repose weekly wishes shopkeepers tradesmen forced competition work sunday although desirous day rest committee recommended enactment severer sanctions lord day violations objects attained legislation may considered first solemn decent outward observance portion week set apart divine command public worship next securing every member community without exception however low station uninterrupted enjoyment day rest mercy provided privilege employing well sacred exercises ordained bodily relaxation necessary though secondary end nevertheless also high importance whatever nature propulsions underlying sunday labor stoppage centuries twentieth clear effect creation institution sunday day apart origins institution religious certainly usage become part life english people day rest merely physical hygienic sense sense recurrent time cycle human activity rhythms existence changed day particular associations came autonomous value life value threatened pressures industrial revolution agitation began new legislative action preserve traditional english sunday turn century factory workshop act prohibited sunday employment women children industrial establishments shops act institution week shop assistants built upon base existing sunday closing law war pressures national defense compelled continuous factory operation committee ministry munitions appointed investigate industrial fatigue affected health efficiency munitions workers recommended parliament reinauguration sunday work stoppage problem sunday labour although materially affected various industrial questions established custom sunday rest regards munitions works primarily question extent workers actually require weekly periodic rests maintain health energy long periods intervals rest needed overcome mental well physical fatigue connection account taken hours labour overtime shifts shifts environment work physical strain involved also mental fatigue boredom resulting continuous attention work one manager put monotony work kills men get sick maximum output secured maintained length time weekly period rest must allowed economic social grounds alike weekly period rest best provided sunday bill necessary secure family life liberty hundreds thousands people explain house thousands shopkeepers hate opening sunday dislike whole idea forced open neighbours open forced open sake sunday trading let customers get habit sunday going shops may lose custom right holiday sunday able rest work day go parks country summer day liberty asking liberty bill give regards support behind bill promoted early closing association affiliated associations national federation grocers representing individual shops supported national chamber trade drapers chamber trade national federation boot trade regards employes important supported national union shop assistants national union distributive workers frankly afraid week see coming gradually week means six days pay seven days work worked seven days week time say help nobody else shall work seven days six days pay clear one shopkeeper opens street whole street bound open one street opens whole town must open automatically speaking sabbatarian stand working week one day rest seven want day rest arranged lines suggested hon member apparently wants turn sunday tuesday wednesday argument need say shall working week one day rest seven matter whether sunday comes friday tuesday family man let say family life unduly disturbed member sunday tuesday value sunday everybody family home day use talking working week six members family day rest different day week thus english experience demonstrates intimate relationship civil sunday regulation interest state preserving people recurrent time mental physical recuperation strains pressures ordinary labors demonstrates also course intimate historical connection choice sunday time rest doctrines christian church long emergence modern notions government religion set sunday apart generations people accustomed day ordinary uses ceased might elsewhere equally practicable fulfill need workers traders periodic relaxation selection cycle longer practicable england hypothetical man might better englishman used day sunday associations fostered tradition day character became cultural asset importance release daily grind preserve mental peace opportunity certainly legislative fiat attempted switch day tuesday parliament naturally enough concluded attempt might prove futile ephemeral decade french republic iii england american settlements civil sunday regulation early became institution importance shaping colonial pattern life every colony law prohibiting sunday labor enacted many instances prior last quarter seventeenth century continued force throughout period preceded adoption federal constitution bill rights course indicative purpose laws consistency guarantee religious freedom first amendment restraining power central government secured partly disestablished virginia rhode island never establishment ideal complete separation realized fast approaching ideal however everywhere spirit liberty religion ascendant ratifying conventions new york new hampshire north carolina well virginia rhode island proposed amendment constitution signified understanding constitution embodied safeguard five sunday laws time conventions spoke indeed four five legislatures reaffirmed sunday labor ban within five years less immediately prior date earlier among colonial sunday statutes unquestionably religious purpose preambles recite profanation lord day great reproach christian religion great offense godly welafected among us must suppressed keeping holy lord day principal part true service god neglecting sabbath pulls downe judgments god upon place people suffer first pennsylvania sunday law announces purpose looseness irreligion atheism may creep pretense conscience sometimes reproach god made operative element offense prohibitions sunday labor frequently coupled admonitions persons shall carefully apply duties religion piety publickly privately found comprehensive ecclesiastical codes also prohibit blasphemy lay taxes support church compel attendance divine services even seventeenth century legislation show exclusively religious preoccupation pennsylvania law speaks suppression atheism also ordains sunday rest ease creation shows solicitude servants well masters may free day attend spiritual pursuits may wish rhode island assembly enacted voted whereas hath complaint made sundry persons evil minded presumed employ servile labor necessity requireth servants alsoe hire mens servants sell labor first day week bee enacted person persons shall employ servants hire employ man servant servants set labor aforesaid shall penalized whereas observance lord day highly promotive welfare community affording necessary seasons relaxation labour cares business moral reflections conversation duties life public private worship maker governor judge world acts charity support adorn christian society whereas thoughtless irreligious persons inattentive duties benefits lord day profane unnecessarily pursuing worldly business recreations day great damage members christian society great disturbance persons great damage community producing dissipation manners immoralities life significant history sunday legislation virginia even english statute charles ii colony laws compelling sunday attendance worship forbidding sunday labor general convention williamsburg adopted declaration rights providing inter alia men equally entitled free exercise religion according dictates conscience year acts parliament compelling church attendance punishing deviation belief declared void dissenters exempted tax support established church levy tax suspended eight years later came battle assessment bill madison leadership forces supporting entire freedom religion wrote definitive quietus virginia establishment jefferson bill establishing religious freedom enacted whereas almighty 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 almighty power impious presumption legislators rulers civil well ecclesiastical fallible uninspired men assumed dominion faith others setting opinions modes thinking true infallible endeavouring impose others hath established maintained false religions greatest part world time suffer civil magistrate intrude powers field opinion restrain profession propagation principles supposition ill tendency dangerous fallacy time enough rightful purposes civil government officers interfere principles break overt acts peace good order finally truth great prevail left ii 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 men shall free profess argument maintain opinion matters religion shall wise diminish enlarge affect civil capacities person sunday shall found labouring trade calling shall employ apprentices servants slaves labour business except ordinary household offices daily necessity work necessity charity shall forfeit sum ten shillings iv legislation currently force fifty illegalizes sunday form conduct lawful performed weekdays several one activities banned sale alcoholic beverages hunting barbering pawnbroking trading automobiles jurisdictions broadly ban sunday labor employment labor selling keeping open sale two comprehensive categories affairs many others prohibition industrial commercial activity municipal sunday ordinances ubiquitous regulations product many amendments although still built upon armatures earlier statutes like laws maryland massachusetts pennsylvania us cases recently reconsidered legislation expressions state policy must deemed contemporary exceptions favor moving pictures severer bans sunday motor vehicle trading reflect widely felt need whose satisfaction old laws shaped new laws enacted sure massachusetts statute statutes pennsylvania maryland still call sunday lord day sabbath sunday laws many continuation seventeenth century language prove continuation purposes colonial governments enacted laws purposes successors twentieth retained modified know example committees new york legislature considering state sabbath laws two occasions century apart twice recommended repeal laws times ground laws involve partisan religious issue rather economic health regulation activities people universal day rest massachusetts legislative committee rested views sunday legislation supported clerical organizations lord day alliance also labor trade groups interlocking sections massachusetts labor code construct provisions upon basic premise sunday rest similar laws pennsylvania motion pictures excepted lord day statute clause motion picture personnel written exempting statute fill gap puerto rico closing law limits weekday hours commercial establishments well proscribing sunday operation express religious purpose rhode island south carolina enforce portions sunday employment bans respective departments labor fairly denied institution sunday time whose occupations atmosphere differ days week portion american cultural scene since well constitution many millions people life hebdomadal rhythm day particular associations recurrent note repose cultural history establishes practices prohibitions religious origin retained secular institutions ways long religious sanctions justifications gone light considerations reasonably said substantial purpose relevant social life exists sunday restrictions urged however day rest legislative purpose statutes secure take form prohibition activity sunday statutes argued provide one day labor stoppage seven leaving choice day individual alternatively fix common day rest day monday tuesday fairness certainly impossible call unreasonable legislative finding suggested alternatives unsatisfactory provision one day closing per week option every particular enterpriser might disruptive families whose members employed different enterprises enforcement might difficult violation less easily discovered law seconded sunday legislation community moral temper important laws accomplish accomplished sunday laws provide periodic physical rest atmosphere entire community repose sunday traditionally brought legislature might reasonably believe necessary welfare many generations accustomed recuperative effects considerations might also deemed justify choice sunday single common day labor ceases many regard sacramentally sunday nevertheless day special associations whose particular temper makes day provide majority community reflected legislative process scores years presumably prefers take leisure sunday spirit people expresses goodly measure heritage links past disruption heritage regulation like unnatural labors claudius shipwrights divide sunday week might prove measure secure desirable community repose sunday legislation designed events maryland massachusetts pennsylvania like similar regulations reasonably find certainly failure make substitution sunday securing socially desirable day surcease subjection labor routine purpose derived establish promote religion question cases new one hundred fifty years sunday laws attacked state federal courts disregarding constitutionally demanded separation infringing protected religious freedoms ground subserved end within legitimate compass legislative power one california held california sunday statute unconstitutional decision overruled three years later every appellate considered question found statutes supportable civil regulations repugnant religious freedom decisions assailed justifications upon specious civil grounds legislation whose religious purposes either overlooked concealed judges passed upon course ultimately determine whether federal constitutional guarantees observed undercut mean indifferent unanimous opinion generations judges conscientious discharge obligations solemn sustained sunday laws inspired religious purpose ignore opinion friedman new york mcgee north carolina kidd ohio ullner ohio dismissing want substantial federal question appeals state decisions sustaining sunday laws obnoxious objections urged present cases ignore consensus view statutes maryland massachusetts pennsylvania examine constitutionally forbidden fusions church state appellees gallagher case appellants braunfeld case contend applied orthodox jewish retailers orthodox jewish customers massachusetts lord day statute pennsylvania sunday retail sales act violate due process clause fourteenth amendment effect statutes deter exercise observance religion argument runs compelling sunday closing retail stores thus making unavailable business shopping uses part week statutes force either give sabbath observance essential part faith forego advantages enjoyed majority community point moreover prevailing working week large proportion population sunday day peculiarly profitable retail sellers peculiarly convenient retail shoppers records cases support claim litigants urge assumes number aspects first argue regulation selected day sabbath ipso facto unconstitutional application effect preferring persons observe sabbath therefore creating economic pressures urge sabbatarians give usage creation pressure sunday statutes said necessary means achievement ends legislation justify employment weighed injury sabbatarian religion entails regulation closing day left individual choice urged reasonable alternative second argue even legitimate state interests justify enforcement persons generally single common day rest choice sunday day violates rights religious freedom sabbatarian minority choosing day upon christians worship abstain labor statutes said discriminate religions sunday observer may practice faith yet work six days week observer jewish sabbath competitor may work five days latter obvious disadvantage orthodox jewish shoppers whose jobs occupy week shopping day christians leisure attend sunday services relative quiet throughout duration assured law equivalent treatment accorded friday evening saturday services sabbatarians feel power state employed coerce observance sunday holy day state accords recognition sunday christian doctrine withheld sabbatarian creeds prejudices avoided argued without impairing effectiveness regulation either fixing rest time day held sacred sect providing sunday work ban sabbatarians excepted condition abstaining labor saturday failure adopt alternatives lieu sunday statutes applicable sabbatarians said constitute unconstitutional choice means finally urged means statutes necessary goals seek attain nevertheless goals sufficient value society justify disadvantage attainment imposes upon religious exercise sabbatarians first contentions already discussed history sunday legislation convincingly demonstrates sunday statutes may serve purposes provision merely one day physical stoppage seven purposes fully justify statutes choose sunday day urging exception favor observe day sacred defeat ends sunday legislation therefore failure provide exception unnecessary hence unconstitutional burden sabbatarians gallagher appellees braunfeld appellants point exceptions jurisdictions statutes banning labor employment selling goods sunday actually less half exemption extend sales activity well labor tenable reasons legislature might choose make exception whatever extent persons come within exception present community activity disturb atmosphere general repose reintroduce sunday business tempos week administration difficult violations less evident effect two days police instead one assumed retail demand consumer items approximately equivalent saturday sunday sabbatarian proportion less numerous hence competition less severe might incur exception competitive advantage position presumably complain discrimination religion employers wished avail exception employ might introduced private employment practices element religious differentiation legislature regard undesirable finally relevant consideration might cause state lawmakers reject exception observers another day sunday administration provision may require judicial inquiry religious belief legislature conclude made requisite qualify exemption abstinence labor day nothing prevent enterpriser closing slowest business day take advantage whole profitable trade thereby converting sunday labor ban effect statute choice day left individual state exempting statutes seem reflect consideration ten require person claiming exception conscientiously believe sanctity another day conscientiously observe another day sabbath five demand keep another day holy time three allow exemption members religious society observing another day fourth provides proof membership society certificate preacher three adherents illinois claimant must observe day sabbath new jersey must prove devotes day religious exercises connecticut one jurisdictions demanding conscientious belief requires addition seeks benefit exception file notice belief prosecuting attorney indicative practical administrative difficulties may arise attempts effect consistently purposes sunday closing legislation exception persons conscientiously observing another day sabbath provisions british shops act continuing substance shops sunday trading restriction act product experience earlier forms exemptions proved unsatisfactory new provisions enacted consideration rejection number proposed alternatives allow shops registered section remain closed saturday open trade sunday applications registration must contain declaration shop occupier conscientiously objects religious grounds carrying trade business jewish sabbath person procure registration knowingly recklessly makes untrue statement untrue representation subject fine imprisonment whenever upon representations made local authorities find reason believe registered occupier person jewish religion conscientious objection religious grounds genuinely held authorities may furnish particulars case tribunal established consultation london committee deputies british jews tribunal opinion occupier person jewish religion genuinely hold conscientious objection trade jewish sabbath shall report local authorities upon report occupier registration revoked surely light delicate enforcement problems provisions bear witness legislative choice blanket sunday ban applicable observers faiths held unreasonable legislature might reason find alternative exempting sabbatarians impede effective operation sunday statutes produce harmful collateral effects entail inconsiderable intrusion matters religious faith however preferable personally one might deem exception find constitution compels therefore said massachusetts pennsylvania imposed gratuitous restrictions upon sunday activities persons observing orthodox jewish sabbath achieving legitimate secular ends sunday statutes may aim remaining question whether importance public ends sufficient outweigh restraint upon religious exercise orthodox jewish practicants restriction entails see prince massachusetts cox new hampshire nature legislative purpose preservation traditional institution assures community time mind body released demands distractions increasingly mechanized society right release claimed workers small enterprisers especially retail merchandisers centuries finds contemporary expression legislation nature injury must balanced economic disadvantage enterpriser inconvenience consumer sunday regulations impose upon choose adhere sabbatarian tenets faith statutes make criminal place onus civil criminal disability act prescribed duties jewish religions create undeniable financial burden upon observers one fundamental tenets certain religious creeds burden fall equally upon forms observance true tax held unconstitutional infringement free exercise religion follett town mccormick unlike tax follett burden sunday statutes impose incident feasible means achievement particular goal unlike follett measure burden determined fixed legislative decree beyond power individual alter upon persons earn livelihood activities prohibited sunday upon whose jobs require week burden considerable like customers crown kosher super market gallagher case inconvenienced shopping hardly assessed injury preponderant constitutional weight burden retail sellers competing retailers considerably greater without minimizing fact disadvantage legislature may concluded severity might offset industry commercial initiative individual merchant demanded admittedly whether form additional labor material sacrifices demanded choose keep sabbath demanded course state sunday laws competitors chose like two guys business seven days week view importance community interests must weighed balance disadvantage wrought sunday statutes impermissible imposition upon sabbatarian religious freedom every considered question century half concluded concluded friedman new york basis criteria determining constitutionality opposed one might desire matter legislative policy contrary conclusion reached vi two grounds unconstitutionality urged cases based upon selection challenged statutes activities included excluded sunday ban first argued aim statutes secure day peace repose laws massachusetts maryland exceptions retail sales act pennsylvania enumeration articles whose sale forbidden operate imperfectly service aim show little rational relation must accounted arbitrary therefore violative due process extensive range recreational commercial sunday activity permitted said deprive statutes reasonable basis distinctions drawn laws may sold done may claimed unsupported reason second claimants argue discriminations items may may sold cases persons may may sell identical items deprive equal protection laws although contentions require examine separately particularity provisions three statutes attacked general considerations govern cases clear fashioning legislative remedies fine distinctions fit specific needs range state discretion large bain peanut pinson especially nature subject regulation must take account traditional prevailing local customs see kotch board river port pilot constitution require things different fact opinion treated law though tigner texas evils field may different dimensions proportions requiring different remedies legislature may think reform may take one step time addressing phase problem seems acute legislative mind legislature may select one phase one field apply remedy neglecting others williamson lee optical neither due process equal protection clause demands logical tidiness metropolis theatre city chicago finicky exact conformity abstract correlation required legislation constitution satisfied legislature responds practical living facts deals precise points field many competing pressures legislature might suitably drawn lines question judicial enough satisfy constitution drawing principle reason disregarded see goesaert cleary degree uniformity reason demands statute course function complexity needs statute seeks accommodate case sunday legislation extreme complexity needs evident first one prime objectives legislation preservation atmosphere subtle desideratum product peculiar changing set local circumstances local traditions addition achievement end however formulated numerous compromises must made activity halt sunday operations whose doings contribute rush clamor week must go throughout day well whether life depends upon cost stopping restarting simply great without services disruptive peace continue many activities double aspect providing entertainment recreation persons entail labor workday tedium others cogent expression intricate problems various countervalent pressures pose given lloyd course debate commons english sunday closing act like see shopkeepers staffs far possible position observe sunday normal way like people hand know certain reasonable needs public require met even sunday think also agree fewest possible number people give sunday order cater public needs think probably reach large measure general agreement principle shops remain open essential meet requirements public extent essential therefore problem strike balance reasonable needs public equally reasonable desire great bulk engaged distributive trades enjoy share sunday rest recreation accepted follows crux bill kind lies scope nature exemptions general principle closing sunday early history sunday laws developed mechanisms served adapt wide general prohibitions practical exigencies evolving concerns desires public found persons certain activities tended particular frequency engage violations activities singled harsher punishment hand practices found necessary convenient popular habits specifically excepted ban basic english sunday statute charles ii wide general exception obtained works necessity charity provision found way american colonial laws descended successors currently force effect phrase give courts wide range discretion determining exceptions reasonable men differ necessity every jurisdiction legislatures presumably deeming fitter tribunals decisions sort courts acted resolve question favor various particular activities pursuits expressly declared works necessity specially banned others expressly permitted series exceptions giving laws resiliency course cultural change proliferated today appendix ii opinion post shows general pattern half england similar board general prohibitions qualified numerous precise exemptions often provision local variation within state frequently bolstered special provisions heavily penalizing named activities regulations maryland massachusetts pennsylvania atypical regard although undoubtedly among complex statutory patterns degree explicitness provisions many jurisdictions demonstrates intricacy adjustments designed make delicate adjustments strikingly illustrated remark sponsor british closing bill extensively documented modern sunday statute supporting amendment permitted local authority authorize opening portion year shops areas frequented seaside resorts loftus said bill one must elasticity unanimous demand association fish fryers representing trade england asking shops closed sundays agreed took first schedule exempts shops selling meals refreshments heard blackpool visited every year suppose millions poor people cotton operatives others like get cheap meals fried fish sunday afternoons sunday evenings feel must provision bill allow grant exemptions case difficulty avoid putting clause open abuse submit two provisions provide safeguard first local authority must approve granting exemptions second local authority approve unless particular shops locality favour exemption desire hardships inflicted poor class people ask house accept clause standards applied first maryland statute challenged mcgowan case appellants claims due process equal protection clauses show clearly untenable counsel contend sunday sales prohibition md code art rendered arbitrary exception retail sales tobacco items soft drinks ice ice cream confectionery milk bread fruit gasoline products newspapers periodicals drugs medical supplies apothecaries exemption anne arundel county certain recreational activities sales incidental permissibility state local regulations various amusements public entertainments sunday sunday beer liquor sales sunday pinball machines bingo short answer kinds commodity exceptions exceptions amusements entertainments found comprehensive sunday statutes england puerto rico dozen american many countries legislation surely unreason widespread notion matters excepted maryland statute lacks rational foundation baseless exceptions relate products services legislature reasonably find necessary physical mental health people recreation relaxation day repose sales activity art labor forbidden fewer activities fall within exceptions equal rationality excluded general ban make irrational selection actually made presented record trace evidence habits customs population maryland anne arundel county nothing suggests pattern legislation representatives devised reasonably related local circumstances determining ways life appellants wholly failed meet burden proof counsel mcgowan urge allowance limited anne arundel county retail sales merchandise customarily sold bathing beaches bathhouses amusement parks dancing saloons violates equal protection laws discriminating anne arundel retailers counties discriminating among classes persons within anne arundel county compete sales articles clearly appellants convicted selling within county ordinarily standing raise issue possible discrimination merchants event record dubious contention adequately raised suffice say purposes due process issue appellants raise provision different sunday regulations different regions state ipso facto arbitrary see salsburg maryland missouri lewis asserted discrimination favor sell beach park articles permitted sold elsewhere answer must enterprisers general suburban merchandising store appellants employed reasonable line demarcation reason exemption dictates human logic scope legislature found desirable persons seeking certain forms recreation sunday convenience purchasing day items add enjoyment recreation perhaps provided vacationer prior day sunday outing hand policy securing maximum possible number distributive employees sunday might reasonably preclude allowing every retail establishment county open serve convenience tenable resolution surely permit particular sales premises items needed used enforcement problem arise permitting general merchandising outlets open sale items alone sale thousands items adjacent counters shelves might justify limitation exception group merchants less likely stock articles extraneous use enumerated amusement facilities massachusetts statute attacked gallagher case contains wider range exceptions none record shows patently baseless therefore constitutionally impermissible believed reason offended provisions allow apparently digging clams dredging oysters permit certain professional sports hours restricting amateur counterparts make lawful read statute sunday pushcart vending conscientious sabbatarians sunday vending within building record basis federal asked enjoin enforcement state statute contains evidence concerning nothing indicate two activities anything common requiring similar treatment involved pursuit mollusca nothing record concerning professional amateur athletic events certainly nothing support conclusion problem sunday regulation pushcarts similar problem sunday regulation indoor markets require uniform treatment various differently treated situations may different fact may statute struck supposition true appellees claim crown kosher super market may sell sunday products retail establishments may sell day bread may sold certain hours innkeepers common victuallers confectioners fruiterers along bakery products bakers confectionery frozen desserts dessert mix soda water may sold innkeepers common victuallers confectioners fruiterers druggists tobacco may sold innkeepers common victuallers druggists regular newsdealers etc sale drugs newspapers sunday permitted generally although crown kosher undoubtedly suffers element competitive disadvantage provisions provisions irrational purpose apparently permit dealers specializing certain products whose distribution sunday regarded necessary sell products also among group necessaries generally found sold together products specialize thus fostering maximum dissemination permitted products minimum number retail employees required work disseminate shops newsdealers druggists confectioners may massachusetts tend know smaller less noisy widely distributed access residential areas entails less traveling case stores may tend hire fewer employees may present specialize products whose sale permitted less policing problem general markets selling many products nothing record support conclusion massachusetts failed afford crown kosher super market treatment equivalent enjoyed retailers class rationally distinguishable crown prohibition equal protection clause goes invidious discrimination say point reached williamson lee optical record mcginley case conclusion reached pennsylvania sunday retail sales act appellants case argue punish fine one hundred dollars per sale two hundred dollars per sale within one year first offense retail selling twenty enumerated broad categories commodities punishing sales laboring activity fine fixed earlier lord day statute arbitrary violative equal protection found supported legislative history act enactment providing severer penalties classes sales responsive appearance commonwealth shortly act passage new kind mercantile enterprise absorbing without difficulty fine made profitable business persistent violation earlier statute new enterprises may attracted disturbing volume sunday traffic may employed retail salesmen different conditions kinds businesses state legislators apparently believed danger may apprehended violations state legislation continue competition force open enterprises years closed sunday threat statute designed applies new merchandisers quite obviously different constitutional problems arise rather singles area danger made evident within area treats business enterprises equally may drawn line sale sofa cover punished fine sale automobile seat cover punished four dollar fine sufficient void legislation state may classify reference evil prevented class discriminated reasonably might considered define evil mainly feared properly may picked lack abstract symmetry matter question practical one dependent upon experience demand symmetry ignores specific difference experience supposed shown mark class enough invalidate law others may thing go unpunished matter fact found danger characteristic class named justice holmes patsone pennsylvania even less legislature required hew line logical exactness statutory distinction challenged merely one sets apart offenses subject penalties differing degrees severity one divides lawful unlawful judgment deterrent effect various weapons armory law lay little claim scientific basis judgment yet largely prophecy based meager uninterpreted experience moreover whole problem deterrence related still wider considerations affecting temper community law operates traditions society habits obedience law effectiveness agencies peculiarly matters time place thus matters within legislative competence tigner texas appellants mcginley like appellants mcgowan appellees gallagher cases full opportunity demonstrate arbitrariness statute challenge record entirely failed satisfy burden carry friedman new york mcgee north carolina towery north carolina cf missouri cade appendix opinion justice frankfurter principal colonial sunday statutes continuation end eighteenth century new colony prophanation lord day new settling new england laws government reprinted hinman blue laws see also prince examination peters blue laws doc sess connecticut colony public records colony connecticut traveling playing prophanation sabbath laws connecticut brinley reprint public records colony connecticut see act due observation keeping sabbath lord day preventing punishing disorders prophaneness acts laws majesty english colony connecticut act due observation sabbath acts laws state connecticut act due observation sabbath acts laws state connecticut delaware act prevent breach lord day commonly called sunday laws government kent sussex upon delaware act effectually prevent profanation lord day commonly called sunday laws delaware georgia act preventing punishing vice profaneness immorality keeping holy lord day commonly called sunday acts passed general assembly georgia ca see marbury crawford digest laws georgia maryland act concerning religion archives maryland proceedings acts general assembly concerning sabboth day act prophaning sabbath day archives maryland proceedings acts general assembly innkeepers act service almighty god establishment protestant religion within province archives maryland proceedings acts general assembly act sanctifying keeping holy lord day commonly called sunday archives maryland proceedings acts general assembly act punish blasphemers swearers drunkards bacon laws maryland see dorsey general public statutory law maryland massachusetts plymouth colony prophanacon lord day compact charter laws colony new plymouth traveling general laws new plimouth iii massachusetts bay colony sabbath colonial laws massachusetts reprinted edition supplements traveling sporting drinking better prevention breach sabbath act better observation keeping lord day acts laws majesty province charter province sic act repealing several laws force relate observation making effectual provision due observation thereof act making effectual provision due observation lord day acts laws massachusetts reprinted act providing due observation lord day laws massachusetts see also act set forth blakely american state papers freedom religion rev ed new hampshire act better observation keeping lords day acts laws passed general majesties province reprinted act inspecting supressing disorders licensed houses innkeepers act better observation keeping lords day laws new hampshire first constitutional period act better observation lord day act better observation lords day laws new hampshire second constitutional period new jersey leaming spicer grants concessions original constitutions province acts passed proprietary governments ca prophaning lord day act preventing profanation lords day act suppressing immorality nevill acts general assembly province new jersey act promote interest religion morality suppressing vice acts fourteenth general assembly state new jersey act suppressing vice immorality laws new jersey revised published authority legislature new york bill sabbath breaking colonial laws new york act profanation lords day called sunday act suppressing immorality laws new york north carolina act better observation keeping lord day commonly called sunday effectual suppression vice immorality laws north carolina pennsylvania great law body laws charter laws province pennsylvania duke yorke book laws law concerning liberty conscience petition right first law law concerning liberty conscience statutes large pennsylvania act restrain people labor first day week act suppression vice immorality statutes large pennsylvania act prevention vice immorality statutes large pennsylvania act prevention vice immorality statutes large pennsylvania rhode island records colony rhode island providence plantations alcoholic beverages records colony rhode island providence plantations employing servants act prohibiting sports labours first day week acts laws majesty colony rhode island acts resolves excepting members sabbatarian societies exception extend opening shops mechanical work compact places act prohibiting sports labour first day week public laws providence plantations south carolina act better observance lord day commonly called sunday statutes large south carolina act better observation lord day commonly called sunday see grimke public laws virginia colony virginea britannia lawes divine morall martiall force tracts relating colonies north america ii gaming hening statutes virginia traveling shooting sabboth bee kept holy traveling shooting lading sundays bee profaned hening statutes virginia act effectual suppressing severall sins offences swaring cursing profaineing gods holy name sabbath abuseing drunkenness fornication adultery hening statutes virginia act effectual suppression vice restraint punishment blasphemous wicked dissolute persons act punishing disturbers religious worship sabbath breakers hening statutes virginia colonies english sunday laws also effect see martin collection statutes england force appendix ii opinion justice frankfurter analysis important state sunday statutes currently force fn note opinion applies also two guys mcginley district attorney lehigh county pennsylvania et post braunfeld et al brown commissioner police philadelphia et post gallagher chief police springfield massachusetts et al crown kosher super market et post pursuance practice giving opinion constitutional questions must present views justice johnson concurring cherokee nation georgia pet see justice story dissenting briscoe bank commonwealth kentucky pet chief justice taney dissenting rhode island massachusetts pet see justice bradley concurring legal tender cases wall feel place add anything subject great importance constitutional question involving powers government proper every aspect every consideration bearing upon presented member hesitate express views congress shall make law respecting establishment religion prohibiting free exercise thereof madison proposed amendment civil rights none shall abridged account religious belief worship shall national religion established shall full equal rights conscience manner pretext infringed annals cong commenting subsequent form become first amendment said apprehended meaning words congress establish religion enforce legal observation law compel men worship god manner contrary conscience see cobb rise religious liberty america passim sweet story religion america rev ed sweet religion colonial america passim channing history see jefferson notes virginia ii writings thomas jefferson memorial ed virginia convention ratified federal constitution proposed needed amendment religion duty owe creator manner discharging directed reason conviction force violence therefore men equal natural unalienable right free exercise religion according dictates conscience particular religious sect society favored established law preference others iii elliot debates ed see also amendment proposed north carolina convention declined ratify iv understanding constitution expressed rhode island new york cf amendment proposed new hampshire see james struggle religious liberty virginia eckenrode separation church state virginia randall life thomas jefferson cobb rise religious liberty america sweet story religion america rev ed history virginia episode treated extensively opinions everson board education hening statutes virginia appellant retailers retail employees mcgowan mcginley cases urged neither question infringement rights conscience agree chief justice standing raise free exercise issue raines need determine time averments proofs proper case required order raise issues behalf unlike appellants braunfeld appellees gallagher urged remaining shut day week reason causes sunday closing disadvantage peculiarly assert right operate seven days week right claim economic conscientious interest record necessary decide whether sunday retail sellers might standing complain disadvantage enforced sunday closing conscientious sabbatarian customers potential customers cf barrows jackson pierce society sisters nowhere presented evidence actual hypothetical customer thus disadvantaged see exodus deuteronomy codex liber iii tit xii see ii schaff history christian church later edicts emperors unequivocally christian temper codex liber viii tit viii see pharr theodosian code see lewis critical history sunday legislation neale feasts fasts johnson yost separation church state xii encyclopedia religion ethics hastings ed savage sunday church history shall keep sunday henry vi edw vi forasmuch times men mindful laud praise god ready resort hear god holy word come holy communion laudable rites observed every christian congregation bounden duty doth require therefore call men remembrance duty help infirmity hath wholsomly provided certain times days appointed wherein christian cease kind labours apply wholly unto aforsaid holy works properly pertaining unto true religion violations punished censures church administered bishops archbishops persons ecclesiastical jurisdiction purpose ordinance apparently restrict fixed relatively limited number days upon labor cease multiplication saints days risen came consume alarming proportion year repealed queen mary charles regulation prescribing civil penalties preserved concurrent jurisdiction ecclesiastical courts punish sabbath breaking charles survey extensive sunday regulations promulgated commonwealth see lewis op supra note work punished penalty five shillings selling forfeiture goods ban butchers herders traveling sunday repeated fine twenty shillings dressing meat families dressing selling meat inns victualling houses otherwise provided permitted crying selling milk later statutes made numerous exceptions english sunday ban see anne exempting hackney coaches sunday entertainments act geo exempting motion pictures option local authority stipulated conditions also making lawful certain musical entertainments lectures debates operation museums galleries zoological botanical gardens etc evolving regulation sunday baking geo iii geo iv geo iv wm iv baking industry hours work act eliz ii sunday observation prosecution act provided prosecutions statute charles ii might brought without consent chief police officer stipendiary magistrate two justices peace common informer practice statute since abolished common informers act geo vi see fennell ridler spirit act charles ii advance interests religion turn man thoughts worldly concerns direct duties piety religion act construed according spirit unless construed check career worldly traffic labour may private meet public eye offend public decency equally labour equally interferes man religious duties book sports published james republished charles provided good people lawful recreation pleasure end divine service good people disturbed lawful recreation dancing leaping vaulting harmless recreation likewise bar benefit liberty known recusants either men women abstain coming church divine service therefore unworthy lawful recreation said service first come church serve god prohibiting like sort said recreations though conform religion present church service god going said recreations pleasure likewise belongeth office shall present punish sharply abuse liberty use exercises end divine services day lewis op supra note see govett king book sports see also excepting proviso statute wm iii respecting billingsgate market certain importation selling fish divine service sundays deemed prohibited spirit may seen various royal proclamations enjoining strict enforcement sunday laws see whitaker english sunday language charges grand juries encouraging performance duties laws see private societies formed agents administration sunday laws religious orientation see injunction observe sabbath day deuteronomy day thou shalt work thou thy son thy daughter thy manservant thy maidservant thine ox thine ass thy cattle thy stranger within thy gates thy manservant thy maidservant may rest well thou among christian explicators old testament social inspiration early ascribed language see milton treatise christian doctrine book prose works john milton sumner trans luther large catechism part third commandment wrote keep holydays sake intelligent learned christians need keep first sake bodily necessity nature teaches demands mass people servants mechanics whole week attend work trades retire day rest recreation lenker luther catechetical writings see also luther treatise good works third commandment xvii works martin luther compare calvin institutes among three reasons sabbath observance lord resolved give day rest servants authority others order respite toil calvin institutes christian religion battles trans book ii see early writings john hooper carr ed likewise god commandment provideth temporal civil life man likewise things necessary expedient man life man beast man servant without repose rest always labour might never endure travail earth god therefore intendeth conservation wealth man thing created man use commandeth rest repose labour creatures may endure serve well necessary affairs business preserve youth offspring man beast appeared essay vicesimus knox supporting sunday observance grounds health custom well religion see whitaker english sunday reported members gloucester company fraternity barbers undertaken enforce fine prohibition sunday labor apparently assure wanted work week compelled competition labor whole seven see iv blackstone commentaries lewis ed compare report committee judiciary petition praying repeal laws enforcing observation day week sabbath mass leg doc report select committee observance sabbath day sessional papers pp see pp pp see trevelyan comment quoted foreword skottowe law relating sunday whitaker sunday tudor stuart times whitaker english sunday especially addison writing spectator july always well pleased country sunday think keeping holy seventh day human institution best method thought polishing civilizing mankind certain country people soon degenerate kind savages barbarians frequent returns stated time whole village meet together best faces cleanest habits converse one another upon different subjects hear duties explained join together adoration sunday clears away rust whole week refreshes minds notions religion puts sexes upon appearing agreeable forms exerting qualities apt give figure eye village spectator ed see attempt capture peculiar atmosphere sunday opening lines second book crabbe village late president grocers association testifying proposed bill regulating closing hours shops urged commons committee recommend sunday closing house many english grocers wanted sunday alarmed threat increased trade competitors force opening sunday report select committee shops early closing bill commons report select committee house lords sunday closing shops bill recommend sunday closing legislation found supported one three hundred shopkeepers associations whose views ascertained committee report quotes testimony witness clergyman may noted great need impresses us busy workers part london fact noise rush want safeguard lives people one day seven necessary brain body quite apart religious aspect question moment stress living sunday become practically like day british population say lose custom great measure open sunday feeling dominant result many work whether like seven days week see also testimony effect edw vii continued amended factories act edw viii geo vi geo provides closing employees least one week day week twentieth century legislation indicates recognition interweaving effects sunday laws legislation statute eliz ii repealed sunday laws affecting baking industry part new program hours regulation industry sunday entertainments act geo permitting sunday cinema local option subjects allowance sunday operation condition person may employed therein worked six days next preceding except emergencies case employee must get day rest subsequently ministry munitions health munition workers committee report sunday labour memorandum cmd committee directed specifically investigate sunday labor question inquiries generally hours labor discovered employers workers specially concerned present time problem sunday labour committee impressed urgency importance question determined submit preliminary report subject alone geo edw viii see also retail meat dealers shops sunday closing act geo edw viii acts continued shops act geo vi part iv see deb ser suggesting persons made work day want attend religious services strongest christian religious sentiment demonstrated opponent bill see opposing speakers waved shibboleth religious motive attempt discredit measure see see deb ser two opponents admit absence religious purpose effect especially significant england course constitutional compulsion exists encourage parliament make record concealing clandestine sectarian aim deb ser see also deb ser deb ser see also throughout debates emphasized bill sunday trading restriction bill bill one day rest seven see yet sacred quality day meant see although private member bill measure passed second reading commons vote even continent forces latter half nineteenth century pressed amelioration working conditions laborer expressed part sunday legislation germany austria swiss federal government denmark norway russia promulgated regulations prohibiting sunday employment cases women children others workers enumerated industries closing factories commercial establishments part day see congres international du repos hebdomadaire paris congres international du repos du dimanche bruxelles rapports et compte rendu congres international du repos du dimanche paris rapports et compte rendu rapports ii vii mackenzie world account thirteenth international congress lord day edinburgh report joint special committee revise consolidate arrange general laws relating observance lord day mass leg doc appendix late german plebiscite conducted bismarck showed strong popular support among employers employees sunday closing see congres international du repos hebdomadaire paris development european movement reflected proceedings various conventions institution convened sometimes international congress sunday rest sometimes international congress weekly rest see reports cited supra see also jackson sunday rest twentieth century account international sunday rest congress louis congresso internazionale pro riposo settimanale resoconto milano undated sunday world rest day fourteenth international lord day congress oakland california first meeting group geneva delegates displayed primarily religious outlook although much also said physical moral betterment worker periodic rest congres sur du dimanche geneve actes major objective conference secure sunday railroad employees several intervening conventions international congress met paris presidency leon say temper rather secular clerical took name congres international du repos hebdomadaire though contained members socialist tendencies latter vocal especially took lead formulating congress program rather merely voluntary industrial closing see congres international du repos hebdomadaire paris yet group resolved demand merely one indiscriminate day rest weekly sunday sunday rest possible varying degrees every industry day rest suitable employer worker well point view individual family good day rest much possible translated french see also compare convention concerning weekly rest commerce offices convention general conference international labour organization geneva doc sess providing weekly day rest shall possible coincide day week established day rest traditions customs country district art far possible traditions customs religious minorities respected art similarly international labour conference draft convention concerning application weekly rest industrial undertakings adopted third session general conference geneva establishes consecutive hours rest per seven days industrial workers fixed wherever possible coincide days already established traditions customs county district art international labour conference draft conventions recommendations chicago four years later clerical laborite perspectives represented george mcneill one pioneers american labor movement spoke representative brotherhood railway trainmen railroad workers organizations coffin supported sunday rest sunday problem present day aspects papers presented international congress sunday rest chicago brussels spirit predominantly secular congress debated extensively question whether governmental action compel day rest advisable whether matter best handled persuasion individual employers sense meeting strongly favored governmental intervention congres international du repos du dimanche bruxelles rapports et compte rendu see also congres international du repos du dimanche paris rapports et compte rendu later meetings congress tended although secular interests continued find voice see jackson op supra mackenzie op supra see appendix opinion post hereafter colonial sunday statutes cited date colony cobb rise religious liberty america sweet story religion america rev ed see james madison essay monopolies perpetuities corporations ecclesiastical endowments fleet madison detatched memoranda wm mary see authorities cited note supra see proceedings first general assembly incorporation providence plantations code laws otherwise thus herein forbidden men may walk consciences persuade every one name god see cobb rise religious liberty america see note supra new hampshire enacted sunday laws new york virginia rhode island exempted sunday labor ban members sabbatarian societies specified exemption extend allow persons keep shops open mechanical labor compact places rhode island enacted comprehensive sunday law exceptions delaware massachusetts plymouth georgia see also maryland new york south carolina see statute charles quoted text note supra law massachusetts bay colony recited playing walking drinking sporting traveling lord day tend much dishonour god reproach religion grieving souls gods servants prophanation holy sabbath sanctification whereof sometimes put duties immediately respecting service god contained first table connecticut pennsylvania see also statutes body laws declared religious tolerance persons believing end looseness irreligion atheism may creep pretense conscience province enacted according example primitive christians ease creation every first day week called lord day people shall abstain usual common toil labour whether masters parents children servants may better dispose read scriptures truth home frequent meetings religious worship abroad may best sute respective persuasions new code provides whosoever shal prophane lord day part either sinful servile work unlawful sport recreation otherwise whether wilfully careless neglect shal duly punished fine imprisonment corporally according nature measure sinn offence upon examination clear satisfying evidence find sin proudly presumptuously high hand committed known command authority blessed god person therein despising reproaching lord shal put death others may fear shun provoaking rebellious courses numb verse plymouth colony law similar see act published bay colony deny moralitie fourth commandement branded among heresies made punishable banishment laws liberties massachusetts reprinted massachusetts see also new hampshire north carolina statutes patterned charles ii quoted text note supra maryland cf virginia atheism maryland act service almighty god establishment protestant religion within province see connecticut statute set forth acts laws georgia massachusetts compulsory laws new england colonies dated middle seventeenth century see code general connecticut bay colony act published laws liberties massachusetts reprinted see note supra latter object compulsion conscience liberation individuals sunday labor sunday disturbance might worship god consciences dictated one period infrequently put forward justifying purpose sunday laws state ambs mo george george lindenmuller people barb sup johnston commonwealth habits preoccupations people changed short step reasoning recognition sunday laws serve purpose providing leisure peace favorable pursuit whatever aspirations religious secular various individuals may choose see text note supra sensitive emerging new popular needs desires legislatures later reshape sunday laws complex patterns exceptions permitting numerous recreational activities far according original puritanical inspiration lord day acts precisely games sports colonial legislation severely condemned see virginia connecticut development evolving exceptions discussed briefly text notes infra product may seen appendix ii opinion post significant note point continuity marks history sunday laws continuity enduring changing social demands enduring feature man need day set apart day community repose persistently continuingly demanded changing feature way chooses spend day need body laws recognized pennsylvania different expressed luther see note supra twentieth century sunday legislation accommodates need recurrent time common concerns working week cease make demands peace general community whether individual finds church home beach country baseball game records colony rhode island providence plantations first rhode island sunday law enactment prohibiting dispensing alcoholic beverages sunday preamble voted assembly consideringe king hath granted us collony molested liberty consciences disturbers civill peace wee perswaded flourishing civil government loyalty may best propagated liberty conscience corporall power obstructed unchastness body body doeinge hurt body neither indeavoringe soe doe although wee know man forced worship god keep holy keep holy day forasmuch first dayes weeks usuall parents masters imploy children servants upon dayes others alsoe government accountinge spare time soe spend debaistnes tipplinge unlawfull games wantonness abhominably practiced live english times resort townes therefore assembly oppose propagate worship preventinge debaistnes although wee know masters parents violence indeavor force govornment worshipper worshipp debaistnes disturbant civill peace require prevaile compell doe debaistnes uncivill inhuman frequent imodest company practices see new jersey delaware statute recite purpose deter profane lord day new hampshire acts however recommended read ministers congregations true pennsylvania statute act prevention immorality new jersey statute act promote interest religion morality suppressing vice even enactments show different tenor earlier legislation colonies see pennsylvania new jersey compare new york legislation act enforce due observation sabbath laws vermont earliest law colony virginea britannia lawes divine morall martiall force tracts relating colonies north america ii followed act hening statutes virginia see see appendix opinion post important statutes hening statutes virginia hening statutes virginia hening statutes virginia hening statutes virginia papers thomas jefferson boyd ed story revision see jefferson autobiography writings thomas jefferson memorial ed randall life thomas jefferson et seq papers thomas jefferson boyd ed bill entitled bill punishing disturbers religious worship sabbath breakers also forbade arrest civil cause minister gospel engaged public preaching performing religious worship church punished person maliciously disturb worshipping congregation misuse minister therein evidence attribute original draft provision jefferson event know revisers studied reworked every bill revision satisfied autobiography writings thomas jefferson memorial ed journal house delegates commonwealth virginia hening statutes virginia wording statute passed differs slightly bill reported revisers shepherd statutes virginia appendix ii opinion post alaska legislation see delaware iowa wyoming many broader sunday statutes also provide special regulations sale intoxicants sunday significantly even assailed ban sunday labor unconstitutional religious establishment assert constitutionality sunday alcohol control see lewis critical history sunday legislation ix point contemporary justification prohibition liquor sales day greater danger abusive use alcohol time virtually persons leisure admitting also cogent contemporary reasons sunday labor ban assert history sunday labor legislation reveals legitimate reasons fact underlie roots sunday alcohol control deeply bedded early sabbath statutes sunday labor laws lord day acts see connecticut statute set forth acts laws delaware maryland massachusetts bay massachusetts new hampshire new york see state eskridge indeed severe efforts enforce sunday prohibitions england centuries directed tippling see whitaker english sunday passim whitaker sunday tudor stuart times passim see north carolina many comprehensive bans also specifically proscribe hunting see connecticut kentucky mississippi tennessee virginia see arizona colorado montana oregon cf michigan new jersey pennsylvania rhode island colorado wisconsin connecticut maine michigan pennsylvania specific legislation enabling municipalities regulate sunday business nebraska north dakota suppress desecration sabbath michigan mississippi rhode island often authority written city charter see state mcgee app dism want substantial federal question cases charter authority regulate given business activity held support sunday regulation business activity see hicks city dublin app enabling provision found virtually unanimously held power enact sunday ordinances exists general grant police power municipality sumida cal theisen mcdavid karwisch mayor atlanta humphrey chevrolet city evanston komen city louis mo subsequently overruled another point city elizabeth avenue super ex parte johnson cr mayor nashville linck city seattle gervasi state ex rel smith wertz seventy amendments massachusetts sunday regulation past century see opinion supp latest amendments prior bringing suit gallagher case mass acts cc mass acts provisions chapter massachusetts general sunday regulations made applicable part certain legal holidays january first july fourth thanksgiving day pennsylvania statute considered enacted laws year state lord day statute three times amended laws nos maryland amended provisions code art seven times maryland laws cc laws acts laws laws laws maine minnesota mississippi north dakota oklahoma west virginia cf indiana missouri see alabama illinois new mexico ohio language also found judicial opinions interpreting sunday statutes attributes religious purpose see sweeney weldon colquitt state beaudette pearce atwood mass bennett brooks mass davis city somerville mass commonwealth white mass commonwealth mccarthy mass allen duffie brimhall van campen kountz price miss people ruggles johns sup sellers dugan ohio commonwealth american baseball club commonwealth coleman super parker state graham state see smith boston maine mass society visitation sick commonwealth even decisions sustaining constitutionality statutes found justification part preservation christian traditions shover state ark state ambs mo state ex rel temple barnes city council benjamin strob cf varney french adams gay latter decisions date era conceptions yet fully developed prevailing notions police power accord state legislatures authority protect man harm uninterrupted labor compare thomasson state ind speaking patriarchal theory government people klinck packing sustaining new york statute analogy sunday law cases large majority decisions applying sunday laws cases constitutionality possible infringements religious liberty issue regarded laws either exclusively secular function function accommodating civil religious needs community former see state shuster rogers state app carr state ind tinder clarke auto ind city harlan scott levering park commissioners md state ex rel hoffman justus city louis delassus mo subsequently overruled another point state chicago burlington quincy mo state malone mo app clymer mo app supply mayor woodbridge rodman robinson state ricketts bloom richards ohio mcgatrick wason ohio krieger state cr state smith cr state james francisco commonwealth state baltimore ohio state ex rel smith wertz see stark backus latter see rosenbaum state ark state hurliman richmond moore state mead iowa cleveland city bangor matter rupp app div people moses moore owen misc sup melvin easley johnston commonwealth cf cases finding foundation laws usage commonwealth louisville nashville mohney cook commonwealth nesbit commonwealth jeandelle phila see people law spec sess people binstock misc spec sess state new york second report joint legislative committee sabbath law leg doc see report committee judiciary petition praying repeal laws observance sabbath state new york assembly doc latter report denying intention enforce duties religious conscience regarded retention sunday law advisable viewing sabbath merely civil institution venerable age consecrated day rest usage fathers cherished common consent mankind throughout nations christendom experience mankind shewn occasional rest necessary health laborer continued ability toil interval relaxation sunday affords laborious part mankind contributes greatly comfort satisfaction lives refreshes time relieves six days labor prospect day rest always approaching committee regard third consideration importance necessity taking account moral temper christian majority community affording laborer opportunity attend church wished committee one mind need weekly day rest preservation health strength community therefor recommend legislation secure citizens right one clear day rest seven far possible sunday maintained weekly day rest whenever needs community public convenience demand compel labor sunday persons thus employed given legal right rest day week report joint special committee revise consolidate arrange general laws relating observance lord day mass leg doc similar recent expression see report submitted legislative research council relative legal holidays observance mass leg doc legislative debates bill became pennsylvania sunday retail sales act charge religious purpose persistently made bill opponents purpose disavowed every speaker favored bill pennsylvania legislative journal general assembly see remarks walker read bill find nothing religious nature bill prompted thousands letters received senate pennsylvania asking us something men women work department stores people asking go church asking day rest apparent even objections raised opponents various economic interests among organized retailers labor groups influential supporting measure see especially jacoby remember sabbath day nature causes changes sunday observance since dissertation sociology microfilm university pennsylvania library pp kirstein stores unions state new york second report joint legislative committee sabbath law leg doc et seq report unpaid special commission investigate laws relating observance lord day mass leg doc pennsylvania legislative journal general assembly see sunday business resolution conventions national retail merchants association stores stores see note supra frequently legislation closing establishments given trade product lobbying efforts associations traders seeking quash competitive pressures force unwanted sunday labor see gundaker central motors gassert app dism want substantial federal question breyer state see sunday observance hearings subcommittee judiciary committee district columbia house representatives sess labor trade groups oppose sunday legislation supported primarily clerical faction increasingly religious proponents sunday legislation come couch arguments terms hygienic social rather transcendental values see gilfillan sabbath viewed light reason revelation history ed floody scientific basis sabbath sunday ed mcmillan influence weekly human welfare mass laws section provides whoever except request employee requires employee engaged commercial occupation work industrial process subject following section work transportation communication sunday usual work occupation unless allowed six days next ensuing consecutive hours without labor shall punished fine fifty dollars following section shall construed allowing work sunday otherwise authorized law every employer labor engaged carrying manufacturing mechanical mercantile establishment workshop shall allow every person exceptions see employed manufacturing mechanical mercantile establishment workshop least consecutive hours rest shall include unbroken period comprising hours eight morning five evening every seven consecutive days employer shall operate manufacturing mechanical mercantile establishment workshop sunday unless complied section operating sunday every employer subject section shall post conspicuous place premises schedule containing list employees required allowed work sunday designating day rest employee shall required allowed work day rest designated see rev rev stat lab law ore wage hour orders nos cch lab law state laws pp cf west stat see purdon stat tit purdon stat tit see also rev sunday entertainments act geo cf laws tit laws tit cf rev stat laws laws code tit see also mullis celanese see mead pattern leisure contemporary american culture annals american academy political social science among many examples might found frazer golden bough see discussions incest murder golden bough reprint ii magic art taboo perils soul classic instances various fields see weston ritual romance anchor ed passim especially gilbert murray excursus ritual forms preserved greek tragedy harrison themis et seq kluckhohn leighton navaho tawney religion rise capitalism mentor ed passim see weekly rest commerce offices report international labour conference geneva sunday rest laws fourth commandment downwards always social well religious intention seeking provide periodic rest daily toil well opportunity religious observance among legislation many nations surveyed international labor organization pertinent reports system common provide uniform rest day usually sunday see passim especially weekly rest commerce offices report vii international labour conference geneva passim especially tendency ensure weekly rest taken time workers day established tradition custom obvious social purpose namely enable workers take part life community special forms recreation available certain days commenting practice weekly rest ilo reporters observe quite often practice originated religious observance developed tradition persisted despite disappearance original reasons decline part played religious institutions social structure early stage religious observance backed civil law even today traces often found constitutions civil codes municipal regulations many countries concerning opening closing hours commercial establishments labour legislation endeavoured maintain extend practice light economic needs modern society district gallagher case believed massachusetts lord day statute reasonably regarded provision first extensive exceptions allowed many persons labor seven days week second massachusetts statutes providing consecutive hours rest every seven days mass laws latter provisions however express terms supplement supplant sunday prohibitions two objections extent answer existence law justified part provides deficiencies lord day statute legislation event lord day statute merely legislation legislation certain persons reasons deemed compelling massachusetts legislature share common day simply activity cease even sunday labor code least assures day physical rest compare conclusions found weekly rest commerce offices report vii international labour conference geneva may noted large majority comprehensive sunday restrictions also provisions labor codes regulations see appendix ii opinion post district concluding massachusetts lord day statute religious legislation took account origins colonial laws language language massachusetts courts cases applying statutory exceptions permitting certain recreational activity afternoon hours cases designated distance places worship statements amicus brief indicating amici interest preventing secularization sunday implications history statutory language already discussed herein opinions massachusetts cases adverted latest decided insufficient establish massachusetts legislation applied prohibit sunday operation supermarkets lacks substantial secular purposes effects see note infra validity applications statute possibly affected exceptions presented suffice say exceptions render legislation unconstitutional entirety circumstances litigation purposes views intentions amici course attributed legislature state massachusetts see text note supra cf report unpaid special commission investigate laws relating observance lord day mass leg doc wave materialism sweeping country makes important one day set aside worship rest give persons opportunity strengthen bulwark american civilization home compare report weekly industrial commercial employment report vii international labour conference geneva social custom requires far possible accorded members working family working class community whole see note supra see also resolution international congress weekly rest quoted note supra ex parte newman cal justice field dissent case become leading pronouncement constitutionality sunday laws ex parte andrews cal controlling california constitutional guarantee religious freedom comports analogue first amendment free exercise analogue establishment clause petit minnesota cf hennington georgia soon hing crowley sumida cal mcclelland city denver barbering prohibited rosenbaum city county denver automobile sales prohibited mosko dunbar automobile sales prohibited walsh state del harr semble gillooley vaughan cabarets cinema prohibited state dolan idaho state cranston idaho mcpherson village chebanse ordinance held authorized police power voglesong state ind foltz state ind state linsig iowa people derose ordinance closing markets held authorized police power berman ordinance prohibiting sale furniture held authorized police power state dean power nordstrom ordinance closing cinema shows theater held authorized police power theatres city hattiesburg miss state loomis mont closing dance halls gundaker central motors gassert app dism want substantial federal question automobile trading prohibited people havnor writ error dism barbering prohibited state weddington ordinance held authorized police power state haase ohio app ex parte johnson cr ordinance closing cinema theaters held authorized police power ex parte johnson cr barbering prohibited ex parte northrup barbering prohibited state nicholls breyer state barbering prohibited state sopher utah norfolk western commonwealth statute prohibiting operation railroads held sustainable exercise police power state nichols city seattle gervasi comprehensive ordinance found authorized police power see also kreider state ark state miller state diamond rich commonwealth compare pacesetter homes village south holland admitting legislative power prohibit sunday activity disturbing community striking blanket closing ordinance virtually none usual exceptions extreme justified rationale frolickstein mayor mobile lane mcfadyen issue raised litigants nevertheless considers elliott state dictum shover state ark scales state ark ex parte koser cal karwisch mayor atlanta settling issue left open sanders johnson humphrey chevrolet city evanston least applied corporate parties state blair state haining strand amusement commonwealth semble state bott la ann forbidding liquor sales state ex rel walker judge la ann judefind state md considered dictum hiller state md prohibiting sports commonwealth mass commonwealth chernock mass scougale sweet considered dictum state petit aff state weiss state ambs mo komen city louis mo closing bakeries subsequently overruled another point caldwell neb semble stewart motor city omaha neb prohibiting automobile sales semble two guys harrison furman lindenmuller people barb sup closing theaters neuendorff duryea people friedman app dism want substantial federal question state mcgee app dism want substantial federal question state ex rel temple barnes closing theaters state powell ohio prohibiting sports state kidd ohio app dism want substantial federal question commonwealth wolf specht commonwealth commonwealth bauder super city council benjamin strob xepapas richardson ex parte sundstrom tex app sayeg state tex cr semble clark state tex cr semble pirkey commonwealth issue raised litigants nevertheless considers crook commonwealth state bergfeldt writ error dism prohibiting barbering state grabinski following decision gallagher case relying pennsylvania quarter sessions recently held pennsylvania sunday retail sales act unconstitutional grounds incidence discriminatory arbitrary operates prefer religions commonwealth cavalerro legal intelligencer ap another pennsylvania first impression shortly thereafter reached conclusions bargain city dilworth legal intelligencer june appear two standing decisions striking sunday laws part violative religious freedom century half litigation district columbia robinson app appeals recognizing validity civil regulations modern sunday closing statutes held maryland sunday law obsolete inapplicable district columbia largely ground purpose religious compare myers rich evans app dism federal district sustained oregon general closing law contentions violated religious freedom cf swann swann ark king appeals cases challenging sunday laws violative due process clause also dismissed want substantial federal question gundaker central motors gassert grochowiak pennsylvania course imply opinion legitimacy sunday provisions every application statutes true massachusetts courts times expressed intention apply massachusetts lord day statute accordance temper historical antecedents enacted compare language davis city somerville mass commonwealth dextra mass commonwealth white mass commonwealth mccarthy mass virginia cases francisco commonwealth rich commonwealth see commonwealth sampson mass see stone graves mass time enough pass upon constitutionality applications reasonably come within rationale present decision commonwealth mass cases arise see brattle films commissioner public safety mass wisconsin general ban sunday labor statute prohibiting automobile trading day also makes exception favor conscientiously observe jewish sabbath west stat jurisdictions statutes cover one enumerated activities provide sabbatarian exception laws special acts statute applicable orange county contain exception michigan similar excepting clauses attached barbering bans well general sunday laws stat rev kansas massachusetts missouri new jersey new york north dakota rhode island south dakota texas washington probably connecticut maine exception cover sale goods stat state haining mass laws commonwealth mass commonwealth starr mass commonwealth kirshen mass vernon mo stat stat mckinney laws pen law people friedman app dism want substantial federal question cf people adler app div manufacturing activities century code laws shops mechanical work compact places etc code vernon tex pen code art rev code state grabinski stat rev cf state weiss exemption indiana kentucky michigan nebraska ohio oklahoma virginia west virginia extend selling last two named exempted person may employ persons belief sunday burns ind stat replacement rev cohen webb stat rev builders assn city detroit semble neb rev reissued page ohio rev code stat tit krieger state cr code replacement code art meaning provision illinois rev clear see deb ser deb ser ground state courts even held sabbatarian exceptions invalid discriminatory city shreveport levy la ann kislingbury treasurer plainfield misc see state grabinski reserving question however johns state ind exemption sustained see code replacement code art factories act edw viii geo vi pennsylvania massachusetts fair employment practices acts prohibiting religious discrimination hiring purdon stat tit mass laws connecticut indiana maine massachusetts michigan nebraska ohio texas virginia west virginia wisconsin statute similar new york north dakota oklahoma south dakota washington kansas kentucky missouri rhode island new jersey excepting statute appears currently inoperative state general labor ban recently held impliedly repealed enactment sunday retail sales prohibition two guys harrison furman excepting provision terms extend sunday selling sabbatarians see berman determining posture exception sabbatarian owner three stores operated one closing saturdays opening sundays two agents opening saturdays closing sundays geo vi geo edw viii principally jewish exemption hairdressers barbers shops sunday closing act geo see deb ser deb ser act repealed shops act geo vi eighth schedule although latter act continues similar provisions scotland problem special sunday regulation jewish population involved parliament least since turn century sections factory workshop act edw vii permitted jewish employers certain exemptions act prohibition sunday employment women children terms exemption altered factories act edw viii geo vi see also report select committee house lords sunday closing shops bill among provision permitting shopkeeper london elect close saturdays instead sundays see deb ser jewish exemption provisions strenuously debated provisions shops sunday trading restriction act see deb ser deb ser deb ser recognized inadequacy exemption part responsible act special provisions london area bulk english jewish trading population business see statutory form prescribed shops regulations schedules iv iv constitution tribunals jews seventh day adventists see note infra procedures tribunals prescribed shops regulations reg shops procedure jewish tribunals regulations provisions indicate intricate problems administration exemption raises section provides case shops occupied partnership company application exemption determined religion majority partners directors section prohibits occupier shop registered exemption keeping open shop saturday prohibits person made statutory declaration conscientious objection purposes registration working employing person concerned control firm employs person shop open saturday compare berman note supra subsection permits cancellation registration shop application occupier provides registration shall cancelled within twelve months date upon application registration made subsection precludes occupier registering shop exemption section makes exception provisions applicable well members religious body regularly observing jewish sabbath jews provides persons function served case jews london committee deputies british jews shall served body appears secretary state represent persons frolickstein mayor mobile scales state ark state haining commonwealth mass commonwealth chernock mass state weiss komen city louis mo subsequently overruled another point state fass super county people friedman app dism want substantial federal question silverberg douglass misc sup commonwealth wolf specht commonwealth city council benjamin strob xepapas richardson semble state bergfeldt writ error dism prohibiting barbering see state ex rel walker judge la ann cf ex parte sundstrom tex app consider loftus comments proposed shops sunday trading restriction bill house commons last years great change habits people change better vast masses people fact literally millions go countryside fine sunday afternoons summer good health good mind well body going country accustomed certain facilities way obtaining refreshment fresh fruit flowers vegetables bring home regretted particularly working classes interference legislation stop facilities check tendency people go country take advantage amenities countryside first principle frame exemptions unduly interfere ordinary health habits people deb ser statute charles ii punished worldly labor one ordinary calling forfeiture five shillings punished traveling drovers butchers forfeiture twenty shillings punished exhibition merchandise sale forfeiture goods early american colonial legislation similarly provided greater fines engaging sunday activity see delaware massachusetts new hampshire new jersey statute charles ii contained several exceptions subsequent statutes added others see notes supra original sunday edict constantine exempted farm labor statute henry vi excepted necessary victual prohibition sales fairs markets edw vi contained broad exception labor harvest time year necessity required see jefferson bill quoted text note supra laws made specific exceptions well pennsylvania statute example exempted works necessity charity dressing victuals cookshops watermen landing passengers butchers slaughtering selling meat fishermen selling fish morning summer sale milk statutes ban keeping open places business well laboring exception frequently worded apply latter see commonwealth dextra mass see williams state sale gasoline necessity jacobs clark necessity commonwealth louisville nashville operating railroad necessity cf philadelphia lehman md sparhawk union passenger necessity state needham distribution newspapers necessity commonwealth matthews necessity augusta renz operating streetcar necessity johnston commonwealth operating bus necessity turner state ind cutting ripe wheat necessity state goff ark necessity wilkinson state ind hauling ripe watermelons necessity commonwealth white mass picking ripe cranberries necessity rich commonwealth evidence widespread retail sale groceries rebutted jury find sale groceries necessity state james sale ice meat necessity state corologos sale confectionery necessity matter law although jury find cf state ex rel smith wertz thompson city atlanta rosenbaum state ark operation motion picture theater necessity williams commonwealth concurring opinion operation motion picture theater necessity mcgatrick wason ohio loading ship weather impending necessity commonwealth sampson mass gathering seaweed tide threatens float away necessity hennersdorf state tex app manufacturing ice necessity state mcbee pumping oil necessity matter law although jury find state ohmer mo app retail sale tobacco necessity francisco commonwealth jury may find retail sale beer necessity petit minnesota sustained claim arbitrary classification statute express terms provided exception works necessity include barbering jurisdictions result reached judicial interpretation necessity clause state linsig iowa ex parte kennedy tex cr state sopher utah cf commonwealth dextra mass stark backus statutes prohibiting sunday barbering enacted number voided discriminatory ex parte jentzsch cal eden people armstrong state ind state granneman mo cf ragio state generally sustained mcclelland city denver state murray neb people bellet people havnor writ error dism ex parte johnson cr ex parte northrup breyer state state bergfeldt overruling city tacoma krech one may trace exceptions evolving habits life people compare state hogreiver ind sustaining statute specifically prohibiting sunday baseball carr state ind sustaining statute excepting baseball general sunday prohibition shops act geo vi excepts general sunday ban keeping open shop sell liquor meals refreshments whether consumption premises excluding fried fish chips sold fish chip shop newly cooked provisions cooked tripe table waters chocolates sweets sugar confectionery ice cream flowers fruit vegetables tinned milk cream tinned medicines medical surgical appliances certain registered shops aircraft motor cycle supplies accessories tobacco smokers requisites newspapers periodicals magazines books stationery rail bus terminals aerodromes guide books photographs reproductions photographic films plates souvenirs public specially approved galleries museums passport photos requisites games sports sold premises sport played fodder horses mules etc post office funeral business permitted fifth schedule local authority may permit opening shops sale bread flour confectionery fish groceries grocer products sixth schedule local authority may prohibit sales meals refreshments consumption premises exempted fifth schedule case classes shops sales consumption constitute substantial part business carried area local authority district frequented holiday resort certain seasons year local authority may provide order shops classes designates may open specified sundays exceed eighteen per year sale bathing fishing articles photographic requisites toys souvenirs fancy goods books stationery photographs reproductions postcards food seventh schedule special provisions applicable london area permit local councils authorize opening shops street markets regions shops customarily opened sunday prior date original act latter case councils find regard character habits population district sunday closing cause undue hardship exempting order made must fix weekday closing day shops may differ different classes shops case local exempting orders provision made plebiscite among shopkeepers affected par act excepts sale delivery stores necessaries arriving departing ships aircraft goods private clubs club purposes cooking food brought customers cooked consumption day attendance barber upon invalids upon residents hotels clubs therein summary digest scarcely suggest complexity text deb ser elliott state banning enumerated businesses distinguishes general closing statute exceptions bocci sons town lawndale cal exceptions classes businesses justesen food stores city tulare cal closing food stores exceptions classes businesses deese city lodi cal app exceptions classes businesses allen city colorado springs exceptions classes businesses commodities henderson antonacci exceptions classes businesses commodities kelly blackburn exceptions newspapers cinema city mt vernon julian exceptions classes businesses supply mayor woodbridge super aff grounds banning sale enumerated classes commodities chan sing astoria closing shops selling enumerated classes commodities broadbent gibson utah exceptions classes businesses restricted sale specified commodities gronlund salt lake city utah sales ban exceptions classes commodities distinguishes statutory scheme banning labor sales exceptions cf state trahan la arrigo city lincoln neb exceptions classes businesses holding unconstitutional sunday statutes particular applications deemed discriminatory city denver bach closing classes businesses city springfield smith mo banning enumerated entertainments ex parte ferguson cr banning sale enumerated commodities alternative holding ex parte hodges cr exceptions classes businesses alternative holding cf mckaig kansas city mo automobile sales disapproving city louis delassus mo komen city louis mo lane mcfadyen banning merchandising exceptions classes businesses taylor city pine bluff ark ordinance applied single class business hickinbotham williams ark banning enumerated businesses ex parte koser cal exceptions classes businesses sumida cal exceptions classes businesses state hurliman exceptions classes services activities commodities latter sold persons sell weekdays state shuster theisen mcdavid excepting sales classes commodities state dolan idaho exceptions classes services commodities state cranston idaho exceptions classes businesses services commodities humphrey chevrolet city evanston exceptions classes commodities ness supervisors elections md unspecified people derose banning classes businesses sales classes commodities people krotkiewicz banning sales classes commodities people appliance city flint banning businesses selling classes commodities state ex rel hoffman justus exceptions classes commodities liberman state neb exceptions classes businesses commodities caldwell neb common labor banned state somberg neb banning classes businesses sales classes commodities city elizabeth avenue super banning businesses selling classes commodities mayor paramus exceptions classes commodities richman board banning businesses selling class commodities semble people friedman app dism want substantial federal question exceptions classes businesses commodities activities state medlin exception class business restricted sale specified classes commodities state trantham exceptions classes commodities sold classes businesses state mcgee app dism want substantial federal question exceptions classes businesses commodities activities state towery app dism want substantial federal question exceptions classes businesses restricted sales specified classes commodities state diamond exceptions classes commodities state haase ohio app exceptions classes recreational activities state kidd ohio app dism want substantial federal question exceptions classes recreational activities commonwealth bauder super exceptions classes recreational activities bothwell york city banning classes recreational activities mayor nashville linck exceptions sales classes commodities classes businesses kirk olgiati banning classes businesses ex parte sundstrom tex app exceptions classes commodities searcy state tex cr exceptions classes commodities sayeg state tex cr exceptions classes commodities city seattle gervasi exceptions classes commodities state grabinski exceptions classes commodities see also rosenbaum city county denver banning automobile trading mosko dunbar banning automobile trading gillooley vaughan banning classes amusements stewart motor city omaha neb banning automobile trading abc liquidators kansas city mo banning auctions state loomis mont banning classes dance halls gundaker central motors gassert app dism want substantial federal question banning automobile trading ex parte johnson cr banning cinema theaters consolidated enterprises state banning cinema theaters statutory provisions whose effect punish sunday activities severely others sustained state hogreiver ind tinder clarke auto ind state murray neb commonwealth grochowiak super app dism want substantial federal question breyer state cf sherman mayor paterson cases sustaining state statutes applicable localities see people havnor bohl state tex app compare sarner township union super two guys harrison furman see note supra appendix ii opinion post weekly rest commerce offices report vii international labour conference geneva weekly rest commerce offices report international labour conference geneva unclear whether exception assailed permits sale merchandise essential customarily sold bathing beaches bathhouses enumerated places retailers within county since maryland appeals left question construction open assume interpretation favorable appellants claim many jurisdictions sunday laws provide form local option procedure creation exceptions recognize obvious fact conditions limited geographical range may determinative striking balance forbidden permissible sunday activity best accords popular habits desires maryland state legislature job adapting general law local circumstances difference method scarcely entail different federal constitutional consequences see eldorado ice cream clark holding sale ice cream box tricycle without prohibition shops sunday trading restriction act consider alternative suggested ordinance sustained sumida cal requiring establishment housing permitted prohibited businesses remains open sunday transaction former permanent partition screen must erected separate two business areas see friedeborn commonwealth see pennsylvania legislative journal general assembly see justice douglas dissenting question whether one day seven imposed state day rest question whether sunday force custom habit retained day rest question whether state impose criminal sanctions unlike christian majority makes society worship different day share religious scruples majority free exercise religion subject reasonable regulations constitutions laws respecting establishment religion proscribed understand rational men representing predominantly christian civilization might think sunday laws unreasonably interfere anyone free exercise religion took step toward burdensome establishment religion premise start agreement fact state federal government promulgated sunday laws change scope power asserted classic view first amendment applied firmness enforced federal government see lovell griffin minersville district gobitis murdock pennsylvania board education barnette staub city baxley talley california explicit statement perhaps board education barnette supra weighing arguments parties important distinguish due process clause fourteenth amendment instrument transmitting principles first amendment cases applied sake test legislation collides fourteenth amendment also collides principles first much definite test fourteenth involved much vagueness due process clause disappears specific prohibitions first become standard right state regulate example public utility may well include far due process test concerned power impose restrictions legislature may rational basis adopting freedoms speech press assembly worship may infringed slender grounds susceptible restriction prevent grave immediate danger interests state may lawfully protect important note fourteenth amendment bears directly upon state specific limiting principles first amendment finally govern case institutions society founded belief authority higher authority state moral law state powerless alter individual possesses rights conferred creator government must respect declaration independence stated familiar theme hold truths men created equal endowed creator certain unalienable rights among life liberty pursuit happiness puritan influence helped shape constitutional law common law dean pound said puritan put individual conscience individual judgment first place spirit common law reasons stated zorach clauson religious people whose institutions presuppose fashioned first amendment decided god served service motivated coercive measures government congress shall make law respecting establishment religion prohibiting free exercise thereof command first amendment made applicable state reason due process clause fourteenth means understand religious leaven worked affairs people done individuals groups government necessarily means first dogma creed scruples practices religious group sect preferred others second one shall interfered government practicing religion choice third state may require anyone practice religion even religion fourth state compel one conduct offend religious scruples another idea understand limit power government act religious matters board education barnette supra mccollum board education limit freedom religious men act religiously restrict freedom atheists agnostics first amendment commands government interest theology ritual admonishes government interested allowing religious freedom flourish whether result produce catholics jews protestants turn people toward path buddha end predominantly moslem nation produce long run atheists agnostics matters kind government must neutral freedom plainly includes freedom religion right believe speak write publish advocate antireligious programs board education barnette supra certainly free exercise clause require everyone embrace theology church faith observe religious practices majority minority sect first amendment establishment clause prevents course selection government official church yet ban plainly extends farther said everson board education establishment religion government financed one church several churches better way establish institution find fund support establishment clause protects citizens also law selects religious custom practice ritual puts force government behind fines imprisons otherwise penalizes person observing government plainly join forces one religious group decree universal symbolic circumcision require children baptized give tax exemptions whose children baptized require fast sunrise sunset throughout moslem month ramadan think yet make criminal acts innocent eating day christians revere sunday word heavily overlaid connotations traditions deriving christian roots civilization color judgments concerning philosophers call word magic judges lawyers human beings unconscious value patterns oxygen breathe cohen legal conscience john cogley recently summed dominance influence affairs foreseeable future seems going nation present time three characteristically american think flavorlessly religion america almost uniformly respectable bourgeois prosperous protestant world church mentality triumphed venturesome spirit sect catholic world mystical muted favor booming organization efficiently administered good works jewish world prophet frequently without honor synagogue emphasis focused suburban togetherness exceptions rules course religious communities continues cast prophets rebels radicals jeremiah one fears positively embarrassing present position jews francis assisi upsetting complacency american catholics rudely dismissed fanatic kierkegaard speaking american accent considerably less welcome norman vincent peale protestant pulpits remember sabbath day keep holy six days shalt thou labour thy work seventh day sabbath lord thy god thou shalt work thou thy son thy daughter thy manservant thy maidservant thy cattle thy stranger within thy gates six days lord made heaven earth sea rested seventh day wherefore lord blessed sabbath day hallowed exodus soon hing hennington petit cases rested police power state right safeguard health people requiring cessation normal activities one day seven soon hing case rejected idea sunday laws rested power government legislate promotion religious observances new york appeals friedman case followed reasoning earlier cases massachusetts sunday law involved one appeals characterized massachusetts merely civil regulation providing fixed period rest commonwealth mass decision according district gallagher case ad hoc improvisation made realization sunday law vulnerable constitutional attack state constitution religious motivation statute explicitly avowed supp certainly prior case massachusetts courts indicated aim sunday law religious see pearce atwood mass bennett brooks mass case massachusetts construed sunday law religious measure davis somerville mass said puritan ancestors intended day merely day rest labor also day devoted public private worship religious meditation repose undisturbed secular cares amusements saw fit enforce observance day penal legislation statute regulations devised purpose continued force without substantial modification present time pennsylvania sunday laws us nos received construction rest quiet sabbath day right privilige public private worship undisturbed mere wordly employment exactly statute passed protect sparhawk union passenger see commonwealth nesbit recent pronouncement pennsylvania found commonwealth american baseball club christianity part common law pennsylvania people christian people sunday holy day among christians maryland sustaining challenged law relied judefind state md levering park commissioner md former said undoubtedly true rest secular employment sunday tendency foster encourage christian religion sects denominations observe day rest work ordinary occupation enables many engage public worship probably otherwise scarcely asked professes christian land declare law unconstitutional requires rest bodily labor sunday except works necessity charity thereby promotes cause christianity christian religion incidentally otherwise benefited fostered day rest undoubtedly reason enforcement laws help preserve four cases sunday laws find source exodus brought virginians puritans today maintained construed justified respect views dominant religious groups provide needed day rest history accurately summarized century ago chief justice terry california ex parte newman cal truth however much may disguised one day rest purely religious idea derived sabbatical institutions ancient hebrew adopted creeds succeeding religious sects throughout civilized world whether friday mohammedan saturday israelite sunday christian alike fixed affections followers beyond power eradication confederacy aid law enforce observance given pretence civil municipal police regulation act made monday instead sunday day compulsory rest constitutional question fact christian voluntarily keeps holy first day week authorize legislature make observance compulsory legislature compel citizen constitution leaves free omit election act violates much religious freedom christian jew conscientious views christian compel keep sunday sabbath right object legislature invades freedom religious worship assumes power compel right omit pleases principle whether act legislature compels us wish constitution state legislature pass act legitimate effect forcibly establish merely religious truth enforce merely religious observances legislature power subject therefore citizen sought compelled legislature affirmative religious act refrain anything violates simply religious principle observance act unconstitutional seems plain laws compel one sanction law refrain work recreation sunday majority religious views day state law makes sunday symbol respect adherence refraining work recreation deference majority religious feelings sunday within every person choice authority government compel cases put acts immoral standards standards religious groups made criminal category cases today restricted one confined polygamy reynolds extreme situations latest example prince massachusetts upheld statute making criminal child twelve sell papers periodicals merchandise street public place sustained spite finding child thought religious duty perform act narrow holding turned effect street solicitation might state authority children activities broader like actions adults peculiarly true public activities matters employment democratic society rests continuance upon healthy growth young people full maturity citizens implies may secure impeding restraints dangers within broad range selection among evils appropriate action crippling effects child employment especially public places possible harms arising activities subject diverse influences street late doubt legislation appropriately designed reach evils within state police power whether parent claim control child one religious scruples dictate contrary action conduct held constitutionally criminal today embraces selling pure impure food wholesome noxious articles adults minors involved innocent acts constitutionally classified criminal emphasize drastic break make tradition laws sustained said first amendment concerned religious convictions opinion conduct strange bill rights makes possible dominant religious group bring minority heel minority acts intrinsically wholesome antisocial defer majority religious beliefs religious scruples eating pork scruples matter bizarre might seem within ambit first amendment see ballard possible majority state legislature religious scruples make criminal nonbeliever sell pork religious scruples slaughtering cattle state legislature dominated group make criminal run abattoir balances need people rest recreation late sleeping family visiting like command first amendment one need bow religious beliefs another realm room balancing see place constitutional scheme legislature christians make minorities conform weekly regime legislature moslems legislature hindus religious regime every group must respected unless crosses line criminal conduct one forced come halt refrain things offend reading establishment clause free exercise clause reading imports fear element common societies foreign us thus nigeria article constitution guaranteeing religious freedom adds nothing section shall invalidate law reasonably justified democratic society interest defence public safety public order public morality public health see article indian constitution may desirable provision adds first amendment today make sharp break american ideal religious liberty enshrined first amendment state course require one day rest week one day every shop factory closed quite make requirement day rest becomes purely simply health measure sunday laws operate differently force minorities obey majority religious feelings due proper christian community provide coercive spur weaker brethren indifferent claims sabbath apathy scruple doubt christians aligned vigorously favor laws strongly opposed prosecuted moslem law forbade engaging secular activities days violated moslem scruples establishment religion constitutional sense practice religious group sanction law behind interference free exercise religion conscience one omit required religious scruples community hence declare laws unconstitutional applied complaining parties whether members sect observes sabbath day sunday laws applied orthodox jews sabbatarians vice accentuated sunday laws constitutional kosher markets week thus laws put economic penalty observe saturday rather sunday sabbath economic pressures minorities created fact communities predominantly recourse however state uses coercive powers criminal law compel minorities observe second sabbath state undertakes aid prefer one religion another contrary command constitution see everson board education supra large measure history religious clause first amendment struggle free economic sanctions adherence one religion everson board education supra small tax imposed virginia religious education jefferson madison led fight tax madison writing famous memorial remonstrance law result tax measure defeated instead virginia famous bill religious liberty written jefferson enacted act provided man shall compelled frequent support religious worship place ministry whatsoever shall enforced restrained molested burthened body goods shall otherwise suffer account religious opinions belief sanction imposed state observing day sunday holy time certainly serious economically imposition license tax preaching struck murdock pennsylvania follett mccormick special protection sunday laws give dominant religious groups penalty place minorities whose holy day saturday constitute view state interference free exercise religion forget though christians majority country among religious people right force practice upon minority church deems without error intolerant error justify intolerance minority jewish friend mine runs small business establishment friend jew business closed saturday respects right worship sunday respect right worship saturday difference jew closes store voluntarily able worship god fashion fine jew living christian inspired sunday closing laws required close store sunday able worship god fashion around corner church small seventh day baptist church disagree seventh day baptists many points doctrine among tenets faith disagree seventh day worship good neighbors fellow christians disagree respect one another good people congregation set aside jobs first week gather god house worship course easy set aside jobs since sunday closing laws inspired church keep work seventh day baptist church people set aside jobs saturday worship god takes real sacrifice saturday good day business required law set aside jobs sunday orthodox christians worship believe set aside sunday holy day right force men set aside day also faith favored state man faith note opinion applies also two guys mcginley district attorney lehigh county pennsylvania et post braunfeld et al brown commissioner police philadelphia et post gallagher chief police springfield massachusetts et al crown kosher super market et post problems pluralism danforth lectures miami university oxford ohio writers suggest america still subject customary nonlegal protestant establishment comes surface certain political issues thus rabbi arthur hartzberg able analyze religious issue recent presidential campaign terms seen first amendment battleground end century major transition american society old protestant establishment forced yield newer ethos protestant today american society witnessing change perhaps important full entry immigrant groups national life though battle seems raging around first amendment appear foregoing analysis true issue separation church state symbolic significance american life culture whether catholic jew avowed atheist president hartzberg protestant establishment catholic dogma presidency commentary october blackstone commentaries bk iv entitled offenses god religion says part ix profanation lord day vulgarly improperly called ninth offence god religion punished municipal law england besides notorious indecency scandal permitting secular business publicly transacted day country professing christianity corruption morals usually follows profanation keeping one day seven holy time relaxation refreshment well public worship admirable service state considered merely civil institution humanizes help conversation society manners lower classes otherwise degenerate sordid ferocity savage selfishness spirit enables industrious workman pursue occupation ensuing week health cheerfulness imprints minds people sense duty god necessary make good citizens yet worn defaced unremitted continuance labour without stated times recalling worship maker see also ullner ohio kidd ohio mcgee north carolina cf grochowiak pennsylvania gundaker cent motors gassert towery north carolina respects first amendment said set church make attendance upon religious worship compulsory impose restrictions upon expression religious belief work restriction upon exercise religion according dictates one conscience provide compulsory support taxation otherwise religious institutions way enforce prohibit religion cf bowman secular society opinion lord sumner today retreat jealous regard religious freedom struck statute handy implement disguised religious persecution board education barnette supra concurring opinion say majority sunday day apart others cause irrelevant fact exists cause sunday day apart determinative cause swept aside declaration parochial experience judgment called upon make delicate one light society religious history avoided arguing hypothetical lawgiver find nonreligious reasons fixing sunday day rest effect history indeed still us sabbath less sabbath less severe strictures come expedient nonreligious purposes constitution must guard sophisticated well modes violation lane wilson state may merely fix maximum hours limitation terms either particular classes employees particular classes employment straight across board see laws decisions gathered cch labor law reporter state laws par et seq argument much made desirability fixing single day rest either grounds administrative convenience grounds need leisure light history meaning shared leisure sunday aim still religious overtones cf joseph burstyn wilson hening stat pfeffer church state freedom assuming idle sunday institution christianity statute reason requires men idle sunday give preference one particular religion maintained unless similar institution every religion honored like recognition individual aspect case law assist christianity making idleness compulsory sacred day thereby presumably commending reject strengthening hold upon devotees preference given religion unless hebrew faiths like recognition extended sacred days social aspect assuming advantage people kept extraordinarily quiet pray especial peace established law day select public worship right prevent neighbor earning living certain time practice avocation interferes religious exercises must called preference christian benefit benefit followers moses mahomet confucius buddha ringgold legal aspects first day week pp argued wide acceptance sunday laws time adoption first amendment makes fair assume never thought come within establishment clause presence country time large numbers orthodox jews makes clear laws thought run afoul free exercise clause reasons compelling first amendment time adoption applicable since applicable federal government possible bearing sunday laws fourteenth amendment adopted years later made first amendment applicable first time amendment unsettling effects many customs practices process consistent jefferson precept laws institutions must go hand hand progress human mind writings thomas jefferson memorial ed moreover solid evidence suggest jewish population nation minuscule despite roseate estimates jewish writers subject safe say never one thousand jews living among three million inhabitants colonies newport community heyday totaled one hundred fifty one hundred jews perhaps new york many philadelphia charleston savannah certainly smaller communities even combining jewish populations lonely groups back county still far impressive total goodman american overture jewish rights colonial times liberty pp