Religion and the Law in the Clinton Era: An Anti-Madisonian Legacy

31 Pages Posted: 18 Jan 2001

See all articles by Marci A. Hamilton

Marci A. Hamilton

University of Pennsylvania - Fels Institute of Government

Abstract

President William Jefferson Clinton's two terms in office were awash in religious rhetoric and in actions taken to further religious exercise, both domestically and abroad. The free exercise of religion, which President Clinton called "perhaps the most precious of all American liberties," was a high priority on the Administration's agenda. The Administration worked diligently through all three federal branches in pursuit of the issue, because, in the President's words, one "can never be too vigilant in this work."

The Clinton Administration turned a deaf ear to Framer James Madison's warnings about the dangers of organized religion in the political sphere. Prompted by his understanding of Professor Stephen Carter's book, The Culture of Disbelief, President Clinton routinely whitewashed religion, treating it as an undifferentiated force for good. Moreover, he actively encouraged religious lobbyists to join together to increase their power in the political process.

James Madison, drafter of the First Amendment, intended for the First Amendment to be a double-edged sword. On the one hand, religions should be accorded free exercise. On the other hand, the government may not pass a law respecting an establishment of religion. The Clinton Administration focused on the former to the detriment of the latter.

Madison believed that all men and all factions are capable of acting in ways that are at odds with the public good. In his words, "[t]he truth was that all men having power ought to be distrusted to a certain degree." Moreover, religion particularly cannot be trusted because it "may become a motive to persecution or oppression." Madison also believed, though, that factions, or smaller concentrations of power, are safer than large consortiums of power, a principle he applied to religious entities.

Two hundred years later, in the Clinton era, Madison's warnings seem to have been forgotten. None of these hard-nosed, pragmatic warnings from the drafter of the First Amendment tempered President Clinton's rhetoric or actions. Instead, he regularly invited religious individuals and institutions to come together not only to advise him, but also to "lead" the country in a large number of public policy arenas. Those initiatives are delineated in this article.

Suggested Citation

Hamilton, Marci A., Religion and the Law in the Clinton Era: An Anti-Madisonian Legacy. Available at SSRN: https://ssrn.com/abstract=256865 or http://dx.doi.org/10.2139/ssrn.256865

Marci A. Hamilton (Contact Author)

University of Pennsylvania - Fels Institute of Government ( email )

3814 Walnut Street
Philadelphia, PA 19104
United States

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