Front cover image for Religious liberty and the American founding : natural rights and the original meanings of the First Amendment Religion Clauses

Religious liberty and the American founding : natural rights and the original meanings of the First Amendment Religion Clauses

Vincent Phillip Muñoz (Author)
"Although originalism has powerfully influenced religious liberty jurisprudence, we know surprisingly little about the American Founders' political philosophy of church and state. What did the Founders mean when they declared religious liberty to be an "inherent," "natural" and "inalienable" right? In Religious Liberty and the American Founding, Vincent Phillip Muñoz offers the most authoritative account to date of the Founders' philosophy and constitutionalism of religious liberty. Drawing on early state constitutions declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, the book documents and articulates the Founders' understanding of the original meaning of the First Amendment's Religion Clauses, and constructs a natural rights jurisprudence of religious liberty, exploring and explaining how the Founders' principles would adjudicate church-state issues. Contrary to what many might assume, Muñoz shows that adherence to the Founders would lead neither to consistently conservative nor consistently liberal results, but rather to a novel church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people"-- Provided by publisher
Print Book, English, 2022
The University of Chicago Press, Chicago, 2022