The Federal Government and Courts’ current power of jurisdiction over states that is in effect today was not prudent, in fact it was illegal in the minds of the original founders. This is why the Bill of Rights was added to the Constitution … in order to limit the Federal Government’s power, thus preserving the states’ sovereignty. Jefferson, himself, was a champion of the importance of the states’ autonomy, and the essential limitation of a federal centralized government. He wrote that the … “power to prescribe any religious exercise …. must rest with the States”.#56 Justice Joseph Story, nominated by James Madison to the Supreme Court, and founder of Harvard Law School stated that … “the whole power over the subject of religion is left exclusively to the State governments to be acted upon according to their own sense of justice and the State constitutions”.#57 This left the states to do as they wished with regard to establishment of a state denomination. The greater freedom with regard to religion was theirs, and the federal government was not to interfere with their rights or choices. This followed the pattern of limited national government, which was essential in the eyes of our early American leaders. This is why we bear the moniker The United States of America, and not just America. The national government was constructed in order to protect and maintain the states united, but the states were to remain essentially self-governed.

 


56) Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor (Boston: Gray and Bowen, 1830), Vol. IV, p. 104, to the Rev. Samuel Millar on January 23, 1808. [return to document]

57) Joseph Story, Commentaries on the Constitution of the United States (Boston: Hilliard, Gray, and Company, 1833), Vol. III, p. 731, §1873. [return to document]