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Constitutional Chats hosted by Janine Turner and Cathy Gillespie
Did you know the phrase “separation of church and state” does not appear in our Constitution? The phrase was used by Thomas Jefferson in a letter to the Danbury Baptist Association in 1802. The First Amendment does guarantee “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” What was the intent of the founders in codifying this in the Constitution? Did they intend to keep religion out of government or rather government out of religion? To help us answer these questions and so many more, we are pleased to welcome Vincent Phillip Muñoz, Tocqueville Professor of Political Science and Concurrent Associate Professor of Law at The University of Notre Dame, as our special guest this week.
Constitutional Chats hosted by Janine Turner and Cathy Gillespie
Did you know the phrase “separation of church and state” does not appear in our Constitution? The phrase was used by Thomas Jefferson in a letter to the Danbury Baptist Association in 1802. The First Amendment does guarantee “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” What was the intent of the founders in codifying this in the Constitution? Did they intend to keep religion out of government or rather government out of religion? To help us answer these questions and so many more, we are pleased to welcome Vincent Phillip Muñoz, Tocqueville Professor of Political Science and Concurrent Associate Professor of Law at The University of Notre Dame, as our special guest this week.
Jeffrey Rosen discusses the role of religion at the founding with Jane Calvert of the John Dickinson Writings Project, Vincent Phillip Muñoz of the University of Notre Dame, and Thomas Kidd of the Midwestern Baptist Theological Seminary. They trace the framers' personal faith commitments and explore the original understanding of the relationship between church and state. This conversation was originally streamed live as part of the NCC's America's Town Hall program series on November 25, 2024. Resources: The First Amendment, National Constitution Center exhibit Jane E. Calvert, Penman of the Founding: A Biography of John Dickinson (2024) Thomas Kidd, Thomas Jefferson: A Biography of Spirit and Flesh (2022) Vincent Phillip Muñoz, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (2022) Thomas Kidd, God of Liberty: A Religious History of the American Revolution (2010) Vincent Phillip Muñoz , God and the Founders: Madison, Washington, and Jefferson (2009) Letter From George Washington to the Hebrew Congregation in Newport, Rhode Island, (Aug. 18, 1790) Stay Connected and Learn More Questions or comments about the show? Email us at podcast@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
In this episode, We explore religious liberty and the founders with Jane Calvert, author of Penman of the Founding: A Biography of John Dickinson, Vincent Phillip Muñoz, author of Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses, and Thomas Kidd, author of God of Liberty: A Religious History of the American Revolution. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Resources The First Amendment, National Constitution Center exhibit Jane E. Calvert, Penman of the Founding: A Biography of John Dickinson (2024) Thomas Kidd, Thomas Jefferson: A Biography of Spirit and Flesh (2022) Vincent Phillip Muñoz, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (2022) Thomas Kidd, God of Liberty: A Religious History of the American Revolution (2010) Vincent Phillip Muñoz , God and the Founders: Madison, Washington, and Jefferson (2009) Letter From George Washington to the Hebrew Congregation in Newport, Rhode Island, (August 18, 1790) Stay Connected and Learn More Questions or comments about the show? Email us at programs@constitutioncenter.org Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate
Professor Muñoz, Tocqueville Professor of Political Science and Concurrent Professor of Law at the University of Notre Dame, comes on the podcast to dig into what the Constitution's religious clauses meant at the time of ratification and how they should be interpreted today.
Vincent Phillip Muñoz discusses his book Religious Liberty and the American Founding, which explores the political philosophy of the Founders and their understanding of religious freedom.
Heartland's Tim Benson is joined by Vincent Phillip Muñoz, the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame, to discuss his new book, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses. They chat about how the Founding Fathers understood religious liberty to be an inalienable natural right, what we can and cannot determine about the original meanings of the Religion Clauses, and how a re-adoption of the Founders' understanding would lead to a minimalist church-state jurisprudence delivering neither consistently conservative nor consistently liberal results.
Heartland's Tim Benson is joined by Vincent Phillip Muñoz, the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame, to discuss his new book, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses. They chat about how the Founding Fathers understood religious liberty to be an inalienable natural right, what we can and cannot determine about the original meanings of the Religion Clauses, and how a re-adoption of the Founders' understanding would lead to a minimalist church-state jurisprudence delivering neither consistently conservative nor consistently liberal results.
How did the American Founders understand religious liberty? Why should students study the Founding? What is the relationship between the Declaration of Independence and the Constitution? Dr. Vincent Phillip Muñoz, the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame, joins Madison's Notes to discuss these questions and more! Dr. Muñoz's 2020 Test Lectures are here. Learn more about your ad choices. Visit megaphone.fm/adchoices
How did the American Founders understand religious liberty? Why should students study the Founding? What is the relationship between the Declaration of Independence and the Constitution? Dr. Vincent Phillip Muñoz, the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame, joins Madison's Notes to discuss these questions and more! Dr. Muñoz's 2020 Test Lectures are here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/christian-studies
Join host Austin Berg who discusses George Washington with special guest Matt Briney, Vice President of Media & Communications at George Washington's Mount Vernon. Later in the show, Austin is joined by Thomas S. Kidd, historian and author of "Thomas Jefferson: A Biography of Spirit and Flesh," Vincent Phillip Muñoz, Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame and author of "Religious Liberty and the American Founding," and Adam Carrington, Associate Professor of Politics at Hillsdale College to discuss the U.S. Constitution. --- Listen to Other ATN Productions: America in Focus: A weekly feature of the top TheCenterSquare.com stories of the week out of Washington D.C. with commentary from The Center Square editors and more! Everyday Economics: Join economist Dr. Orphe Divounguy and Chris Krug as they discuss global markets, inflation, and everything else that will help you understand the economic world around you. Future of Freedom: Future of Freedom is a bi-weekly podcast highlighting the work of the non-profits which are shaping the future of the freedom movement. Listeners will hear civil, intellectual conversations about why the organizations exist, what their mission is, and how they work to achieve it. Hosted by Scot Bertram. --- Support this podcast: https://anchor.fm/americas-talking/support
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/history
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/intellectual-history
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/american-studies
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/religion
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/secularism
What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders' common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment's text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time. Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment's Religion Clauses. The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists' lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.” He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion. This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders' most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders' thought. Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design. Let's hear from Professor Muñoz himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/book-of-the-day
On this episode, Vincent Phillip Muñoz joins Mark Bauerlein to discuss his new book, “Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses.”
On this episode, Vincent Phillip Muñoz joins Mark Bauerlein to discuss his new book, "Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses."
What did the American Founders mean when they declared religious liberty to be an “inherent,” “natural” and “inalienable” right? Does the right to religious liberty provide religious exemptions from generally applicable laws? What is wrong with a state establishment of religion?In Religious Liberty and the American Founding, Vincent Phillip Muñoz addresses these questions and others, offering a novel interpretation of 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 religious liberty as an inalienable natural right, uncovers what we can and cannot determine about 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 First Amendment church-state issues. Contrary to what many might assume, Muñoz contends 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.Join us for a conversation of Professor Muñoz's new book, with Professor Muñoz himself and moderated by Michael McConnell, the director of Stanford Law School's Constitutional Law Center.Featuring:--Vincent Phillip Muñoz , Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School--Moderator: Michael McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center at Stanford Law School; Senior Fellow at the Hoover Institution
Vincent Phillip Muñoz discusses the natural rights foundations of religious freedom.
Vincent Phillip Muñoz is the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame. He is the Founding Director of ND's Center for Citizenship & Constitutional Government & author of the new book, "Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses". --- Support this podcast: https://anchor.fm/americas-talking/support
Following up on Severe Mercy Month, Matt interviews Vincent Phillip Muñoz, Soren Grefenstette, and Natalie Schmidt about their love for Sheldon Vanauken's book.
John J. Miller is joined by Vincent Phillip Muñoz to discuss his book, 'Religious Liberty and the American Founding.'
In this episode:Vincent Muñoz joins the podcast to discuss his new book, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion ClausesHow the Founders agreed on religious liberty as a natural right in principle, but disagreed about what that means in practiceWhy the natural rights tradition offers a coherent account of the proper limits of church-state relationsTexts Mentioned:Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion ClausesBecome a part of ISI:Become a MemberSupport ISIUpcoming ISI Events
On this episode, Vincent Phillip Muñoz joins the podcast to talk about his May 27 web exclusive article, “What Is an Establishment of Religion?” They discuss the history of the Supreme Court’s religious liberty jurisprudence and the possibility of the court establishing a new precedent through the upcoming case, “Kennedy v. Bremerton.”
On this episode, Vincent Phillip Muñoz joins the podcast to talk about his May 27 web exclusive article, "What Is an Establishment of Religion?" They discuss the history of the Supreme Court's religious liberty jurisprudence and the possibility of the court establishing a new precedent through the upcoming case, "Kennedy v. Bremerton."
The Supreme Court today continues to vigorously debate the scope of religious exemptions—which allow individuals or organizations to be exempt from following certain laws that they say burden their religious beliefs—in high-profile cases such as Fulton v. City of Philadelphia (2021). This episode dives into the current and historic debates over religious exemptions in a panel featuring Douglas Laycock, author of the five-volume series The Collected Works on Religious Liberty; Vincent Phillip Muñoz, author of God and the Founders; and Kathleen Brady, author of The Distinctiveness of Religion in American Law. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. This program is presented in partnership with the University of Notre Dame's Center for Citizenship & Constitutional Government. Check out additional programming about religious exemptions at https://constitutioncenter.org/interactive-constitution/media-library?amendment=14909 and below: We the People episode, "The Future of Church and State at SCOTUS" https://constitutioncenter.org/interactive-constitution/podcast/the-future-of-church-and-state-at-scotus On Fulton v. City of Philadelphia (2021): We the People episode, "Religious Groups, Foster Care, and the First Amendment" https://constitutioncenter.org/interactive-constitution/podcast/the-future-of-church-and-state-at-scotus Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at podcast@constitutioncenter.org.
How did the American Founders understand religious liberty? Why should students study the Founding? What is the relationship between the Declaration of Independence and the Constitution? Dr. Vincent Phillip Muñoz, the Tocqueville Associate Professor of Political Science and Concurrent Associate Professor of Law at the University of Notre Dame, joins Madison's Notes to discuss these questions and more! Dr. Muñoz's 2020 Test Lectures are here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/politics-and-polemics
In light of the increasing tensions apparent in liberal societies, is liberalism an inherently contradictory system whose success generates its own downfall? Patrick Deneen elaborates on the argument of his new book Why Liberalism Failed and Vincent Phillip Muñoz responds.This panel discussion, co-sponsored by The Portsmouth Institute and The University Bookman, took place in the Spring of 2019.