The Constitution

The Founders knew acutely the pains of centuries of religious warfare in modern Europe and resoundingly did not want that for their new nation. Many of them moreover knew religious persecution intimately — some whose families fled the Church of England for fear of being imprisoned, burned at the stake, or worse. Is America a Christian nation? Although many Christians certainly have come here, in a legal and political sense the nation’s founders wanted precisely the opposite of the “Christian nation” they were breaking with by pursuing independence from the British.

Contrary to the disinformation spread by Christian nationalists today, the people who founded the United States explicitly saw religious zealotry as one of the primary dangers to a democratic republic. They feared demagoguery and the abuse of power that tilts public apparatus towards corrupt private interest. The Founders knew that religion could be a source of strife for the fledgling nation as easily as it could be a strength, and they took great pains to carefully balance the needs of religious expression and secular interests in architecting the country.

James Madison: 1803

Americans sought religious freedom

The main impetus for a large percentage of the early colonists who came to the Americas was the quest for a home where they could enjoy the free exercise of religion. The Protestant Reformation had begun in Europe about a century before the first American colonies were founded, and a number of new religious sects were straining at the bonds of the Catholic Church’s continued hegemony. Puritans, Mennonites, Quakers, Jesuits, Huguenots, Dunkers, Jews, Amish, Lutherans, Moravians, Schwenkfeldians, and more escaped the sometimes deadly persecutions of the churches of Europe to seek a place to worship God in their own chosen ways.

By the late 18th century when Thomas Jefferson wrote the Declaration of Independence, many religious flowers were blooming within the 13 colonies. He had seen for himself the pitfalls of the experiments in which a unitary control of religion by one church or sect led to conflict, injustice, and violence. Jefferson and the nation’s other founders were staunchly against the idea of establishing a theocracy in America:

  • The founding fathers made a conscious break from the European tradition of a national state church.
  • The words Bible, Christianity, Jesus, and God do not appear in our founding documents.
  • The handful of states who who supported “established churches” abandoned the practice by the mid-19th century.
  • Thomas Jefferson wrote that his Virginia Statute on Religious Freedom was written on behalf of “the Jew and the gentile, the Christian and the Mahometan, the Hindu and the infidel of every denomination.” In the text he responds negatively to VA’s harassment of Baptist preachers — one of many occasions on which he spoke out sharply against the encroachment of religion upon political power.
  • The Constitution explicitly forbids a religious test for holding foreign office.
  • The First Amendment in the Bill of Rights guarantees that “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.”
  • There is a right-wing conspiracy theory aiming to discredit the phrase “wall of separation between church and state” by claiming that those exact words aren’t found in the Constitution.
    • The phrase comes from Thomas Jefferson’s 1802 letter to the Danbury Baptists, wherein he is describing the thinking of the Founders about the meaning of the First Amendment’s Establishment Clause, which Jefferson contemplates “with sovereign reverence.”
    • The phrase is echoed by James Madison in an 1803 letter opposing the building of churches on government land: “The purpose of separation of Church and State is to keep forever from these shores the ceaseless strife that has soaked the soil of Europe with blood for centuries.”
  • The 1796 Treaty of Tripoli states in Article 11: “As the government of the United States of America is not in any sense founded on the Christian Religion,-as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,-and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.” — President George Washington first ordered the negotiation of a treaty in 1795, and President John Adams sent the treaty to the Senate for ratification in 1797, with this article widely interpreted to mean a reiteration of the purpose of the Establishment Clause to create a secular state, i.e. one that would not ever be going to holy war with Tripoli.

Critical Dates for Religious Freedom in America

From the very beginning the Founders made clear they did not want to repeat the mistakes of Old Europe. They established a secular government that offered religious freedom to many who had felt persecuted in their homelands — for generations to come.

Get a quick overview of some of the most important moments in American history and its founding documents with our interactive timeline below.

The Founders were deists

Moreover, the majority of the prominent Founders were deists — they recognized the long tradition of Judeo-Christian order in society, but consciously broke from it in their creation of the legal entity of the United States, via the Establishment Clause and numerous other devices. The founders were creatures of The Enlightenment, and were very much influenced by the latest developments of their day including statistics, empiricism, numerous scientific advancements, and the pursuit of knowledge and logical decision-making.

What Deism Actually Meant: Deism in the 18th century was a rationalist religious philosophy that accepted the existence of a creator God based on reason and observation of the natural world, but rejected supernatural revelation, miracles, and divine intervention in human affairs. Think of it as “God as clockmaker” — God designed the universe with rational laws, set it in motion, and then stepped back. This was a radical departure from traditional Christianity.

The Enlightenment Context:

The Founders were steeped in Enlightenment philosophy — Locke, Montesquieu, Voltaire, Hume. They believed in:

  • Empiricism over revelation — knowledge comes from observation and reason, not scripture
  • Natural rights derived from human nature and reason, not divine command
  • Social contract theory — government legitimacy comes from consent of the governed, not God’s anointing
  • Scientific method — Newton’s physics showed that the universe operated by discoverable natural laws

This was a revolutionary shift. They were designing a government based on Enlightenment principles in an era when most of the world still operated under divine-right monarchy.

The European Church-State Problem They Rejected:

The Founders had vivid historical examples of why mixing religion and state power was dangerous:

  • The Thirty Years’ War (1618-1648) killed roughly 8 million Europeans in religious conflict
  • The English Civil War was fought partly over church governance
  • The Spanish Inquisition showed what happens when church and state merge
  • Various European states still had official churches that persecuted religious minorities — prompting many of them to consider a new line in the American colonies

They saw how “established” (government-sponsored) religions inevitably led to:

  • Religious tests for public office
  • Tax support for churches people didn’t believe in
  • Legal persecution of dissenters
  • Corruption of both religion and government

Thomas Paine’s Radical Vision:

Paine went even further than most Founders. In “The Age of Reason” (1794), he argued:

  • All national churches are “human inventions set up to terrify and enslave mankind”
  • Revelation is meaningless — “it is revelation to the first person only, and hearsay to every other”
  • True religion is simply “to do justice, love mercy, and endeavor to make our fellow-creatures happy”
  • He predicted that as education and reason spread, traditional organized religion would wither

This was considered extremely radical — even scandalous — at the time. Yet Paine was celebrated as a hero of the Revolution and widely read. He once lamented that “Persecution is not an original feature in any religion; but it is always the strongly marked feature of all religions established by law.”

The Structural Safeguards They Built:

This wasn’t just philosophy — they built specific mechanisms:

  • No religious test for office (Article VI)
  • Establishment Clause — no official national religion
  • Free Exercise Clause — no prohibition of religious practice
  • Disestablishment at state level — states gradually abandoned their established churches (Massachusetts was last in 1833)

The framers of our Constitution who established this nation distrusted the concept of divine right of kings that existed in Europe under its historical monarchies. We fought a revolution to leave all that behind for good reason. They were adamantly against the idea of a national church, and were clear and insistent about the necessity of keeping the realms of religion and politics independent of each other.

It is the Christian nationalists who have it backwards — America was never a Christian nation that lost its way. Rather, the United States was founded as a secular nation and has become truer to fulfilling that mission over the centuries. It is the Project 2025 folks who are engaging in revisionist history, inventing a mythical past for the country that simply didn’t exist.

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The American Founders, by me and Midjourney

The Founders meant for the republic to be agile in philosophy — always changing to meet the new demands of the next generations. They meant for us to be self-governing, and empowered to create policy for problem-solving in new eras they themselves could not even conceive of. Thomas Jefferson wrote forewarningly of the Dead Hand of the Past and how critical it would be to not remain trapped by it. The Founders were agile not in the sense of software development (obviously!), but in the same spirit: they embraced responding to change over following a plan, and in continuously uncovering ways to develop a more perfect union.

Conservative ideology on the other hand — and in particular, Originalism — flouts the actual intentions of the Framers while cloaking itself in nationalist symbology. It tries to claim that our modern hands are tied by the dead ones of the past. The Originalist doctrine currently holding sway at The Supreme Court, The Federalist Society, and the majority of right-wing judiciary maintains that the best we can do is peer feebly into the distant past and try our best to squeeze ourselves into the minds of the men who inked our Constitution some 235 years ago.

The Founders wrote things. A lot of things.

Leaving aside for a moment the impracticality of that theory as an actual practice of interpreting the law, some consideration of materials on hand shows us that we needn’t go to all that trouble in the first place — why? Because the Founders left a lot of writings behind about exactly what they meant, and the principles they were thinking about, at the time of the nation’s founding and the drafting of our Constitution.

Continue reading The Founders were agile
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The articles of impeachment 2021 are so much clearer and simpler than last year’s impeachment — it’s the Marie Kondo version of indicting the president’s conduct. His coup attempt most certainly did not spark joy!

At least, not to the patriots who defended the United States Capitol from invasion on January 6, several of whom lost their lives including Brian Sicknick who lied in honor last week, as well as 2 Capitol Police officers who took their own lives subsequent to the events of that darkest of days in American history.

That is why it is important to both get the memory of that day seared into the historical record, and continue good faith efforts to seek justice for the trauma inflicted upon the nation by its supposed guardian. The House impeachment managers are doing an incredible job evoking both the clarity of the law pointing to his guilt, and the emotional gravity of what Republican House #3 leader Liz Cheney referred to as the “gravest violation of his oath of office by any president in the history of the country.”

He’s guilty

He said he would do it, and he did it — Trump refused to accept the results of a free and fair election, convinced his supporters it was stolen from him (and them), and that they had to “fight like hell” to “take their country back.” And yet Republicans want to claim that he could have had no idea what they would do, and that the whole thing was “obviously” an innocent misunderstanding and a “boys will be boys” sort of thing.

Nonsense — his droogs Mike Lindell, Mike Flynn, Roger Stone, Steve Bannon, and of course his royal brood were involved in planning this, along with multiple sitting members of Congress, some of whom spoke at the “Save America” rally at The Ellipse. Rally organizer Ali Alexander fingerprinted Reps Andy Biggs and Paul Gosar of Arizona and Mo Brooks of Alabama as his co-conspirators in the endeavor.

They made sure security was intentionally lax by decapitating the defense apparatus during the lame duck period, and installing a bunch of loyalist partisan hacks into “acting” positions of power who were pliable or even eager to do the president’s ill bidding.

Free Speech does not protect the abuse of public trust

Trump’s lawyers filed a brief indicating a First Amendment defense for their client, which former acting Attorney General Peter D. Keisler ripped to shreds in a scathing essay. Free Speech does not give you a license to be incompetent at your job, and the Trump’s failure to secure the Capitol during a violent insurrection was a dereliction of duty of the highest order — even if he hadn’t been involved in sowing it, planning it, funding it, promoting it, hosting it, and encouraging it.

1A also does not give you the right to use words to plan criminal activities, because that would be absurd. It would essentially render all law meaningless as a deterrent, so long as you only ever give orders to someone else to carry out your dirty work indirectly vs. getting your own hands dirty.

His conduct is not defensible

Republicans are trying to squirm away on procedural grounds so they can remain cowardly supplicants to the tyrant they love or fear, or both. They do not want to have to confront the reality of Trump’s abhorrent and unforgivable behavior on January 6, their role in enabling it, and their continued role in undermining small d democracy in this nation.

There is no defense of Trump’s behavior, but the GOP wants to pretend it has a mere technical disagreement with a document’s language as an excuse to not put themselves on record for the more serious and obvious hypocrisy of giving egregiously anti-American behavior a pass — it’s like a plea bargain of sorts.

He cannot hold public office

Breaching the public’s trust is grounds for disqualification from holding future office. Why should a free people suffer the tyranny of one who abrogates duty and holds in contempt an oath they swore, as if words have no meaning? Which, in essence, is the argument of Mr Textually from day 1 of the Trump impeachment trial.

The idea that a former official cannot be impeached is baseless, because the provision of preventing them from holding future office is enumerated in the Constitution to explicitly explain the rationale. And if ever there were a case of clear unfitness for duty, it is before the Senate right now.

Acquittal nullifies impeachment power altogether

If fomenting an armed insurrection to stay in office when you lose a democratic election is not an abuse of power, I really don’t know what is. If throwing out the will of the people and keeping yourself in power by force is not a violation of the oath of office, then oaths are worthless and there’s no point in speaking them anymore. They will have become dead sea scrolls, in a language dead to us and on a parchment too brittle for continued use.

Let us not throw out the Constitution while professing to save it. Senators know better, and they know that We the People — and not their ever-shrinking base — know they know it as well. The game theory is on our side as the timeline keeps ticking away.

Senators should vote to convict, for what is most certainly the highest presidential crime ever committed in the history of this nation. To preserve this republic, if we can keep it, Congress must hold him accountable for his behavior and apply consequences for defiling the founding principles of America.

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The cognitive dissonance of the so-called Republican “agenda” is on acute display, wherein mortal threat to a literally enumerated power of the Constitution given to Congress to establish a federal US postal service seems not to bother the Constitutional originalists one bit. Not to mention said power’s role in facilitating free and fair elections. Curioser and curioser!

Somehow, one of the nation’s oldest institutions — instrumental in both our political and economic history throughout its existence — is suddenly considered yesterday’s fish by the seemingly randomly fiscal conservative. It’s, apropos of nothing (except an upcoming election in a pandemic), nigh time to punish the historic public service for not being more focused on the opposite of its stated mission:

USPS mission

The USPS is synonymous with American independence

Moreover, the origin of the importance of the post to the Founders of the nation lies even deeper within the soul of the formation of American independence: as a backlash to the British Stamp Act of 1765.

The colonies’ budding sense of unity was emboldened by collective action overtaken to dislodge the British Imperial Post (and its taxes with it), and this sentiment continued to grow through related historical affronts including the Townshend Acts of 1767, the Boston Massacre of 1768, and the Tea Party of 1773 into the full-fledged political pursuit of independence waged as the American Revolutionary War.

Foundational Acts: Establishing the post was a first priority

Benjamin Franklin became the first Postmaster General when the Second Continental Congress created the Constitutional Post in 1775. In his first term, the nation’s inaugural President George Washington signed the Post Office Act into law, establishing the USPO in early 1792. By the end of his second term, the number of post offices, miles of post roads, and post revenues had grown by 400%.

Washington spearheaded the creation of the post with help from James Madison. With it the two philosophical fathers of the revolution established both a right to personal privacy and a right to public information for citizens of the new nation. They specifically made it cheaper to send news — believing that an informed population was of utmost importance to a self-governing country.

Alexander Hamilton helped the fledgling post office with legal challenges it faced as it modernized, including a dispute with contracted stagecoach services who refused to adhere to delivery standards. Alexis de Tocqueville was impressed by the postal service on his historic visits to the new nation, convinced that the organizational capability of the early post office was essential to sustaining this fledgling American experiment with democracy.

Without the post, no West

Not to mention that, historically speaking, it’s likely there would have been no westward expansion without the post office. Cameron Blevins’ awesome infovisualisation of post office openings and closings between 1850 and into the 1900s clearly shows the reach of the system and its status as the veins and arteries of a rapidly scaling up nation.

Geography of the Post

Roads in general owe their ubiquity and quality to pressures from the mail service to provide reasonable passage for delivery. The Pony Express provides to this day some of the most iconic imagery and symbolism Americans associate with the Wild West.

The postal service was the largest communications network of the 19th century; it bound the nation back together to some small but not insignificant degree following the Civil War. Later, the Air Mail Service of the Unites States Post Office Department would be inaugurated only shortly after motorized plane flight was in regular usage towards the end of World War I.

Without the West, no America

Anyone care to argue that this country would be the same without the great American West? Surely not you, Texas — nor you, Montana. Not even Wyoming. Our national self-conception as a people of Manifest Destiny — a people whose boundless horizons were thrilling, exciting, and full of possibility. Of social mobility. Of personal responsibility.

The American identity is bound to the West. Our entrepreneurship, our creativity, our explorative and adventurous spirit finds itself embodied in the iconic images of the cowboy, the dusty plain, the purple mountains’ majesties that we all learn in childhood curricula. How would we ever have shared that imagery in the first place, if not for the post?

By the way, did you know that the Postal Service is the United States’s second largest civilian employer? After Walmart.

For all of the above reasons and more: this idea of kneecapping the United States Postal Service to further one’s election ambitions is neither moral, legal, nor historical.

It’s criminal.

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How shall we think about Russia’s ongoing intrusion into the U.S. political realm — especially its attacks on the heart of democracy: our election system?

I think James Madison — the Father of the Constitution — would have had many choice words about this development. Since we cannot alas ask him his opinion any longer, perhaps his parting words to the beloved country he was instrumental in creating can suffice:

The advice nearest to my heart and deepest in my convictions is the Union of the States be cherished and perpetuated. Let the open enemy to it be regarded as a Pandora with her box opened; and the disguised one, as the Serpent creeping with his deadly wiles into Paradise.”

— “Advice to My Country,” James Madison, 1834
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