James Madison's Memorial and Remonstrance

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There is a lot of disagreement and debate in America over the meaning and value of the separation of church and state. Some hold it to be inviolate while others deny that it does or should exist. In the arguments over Jefferson's metaphor of a "wall of separation," however, the concerns of James Madison, who wrote the First Amendment, tend to be lost.

Presented here, along with some introductory background material, is Madison's Memorial and Remonstrance - his most decisive and important explanation of his feelings on religious freedom. His Remonstrance is particularly relevant in today's generally pro-voucher climate, because it was aimed precisely at the collecting of taxes for the purposes of underwriting teachers of "Christian education." Madison, as shall be seen, was against even one cent being collected for such purposes.

Memorial and Remonstrance: Background
James Madison believed firmly that, under the Constitution, 'there is not a shadow of right in the general government to intermeddle with religion' and that 'this subject is, for the honor of America, perfectly free and unshackled. The Government has no jurisdiction over it. . . .' This is the most concise and the most articulate statement of the views of the First Amendment's author concerning what is 'an establishment of religion.' Here most of all we can see that he had in mind much more than simply creating national churches, something which some ideologies of the Religious Right would have us believe.

Memorial and Remonstrance: Text
Full text of James Madison's Memorial and Remonstrance, written in response to Patrick Henry's Assessment Bill, a bill designed to collect taxes on behalf of Christian churches.

Assessment Bill: Text
Full text of Patrick Henry's Memorial and Remonstrance, designed to collect taxes on behalf of Christian churches in order to forestall an alleged decay of civility, morality and piety in the state of Virginia.

Bill for Establishing Religious Freedom: Text
Full text of Thomas Jefferson's Bill for Establishing Religious Freedom, enacted in Virginia largely due to the efforts of James Madison in 1786 while Jefferson was attending to diplomatic duties in Europe.

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