Vol. 13 No. 10 (October 2003)

THE FIRST LIBERTY: AMERICA’S FOUNDATION IN RELIGIOUS FREEDOM by William Lee Miller.  Washington: Georgetown University Press, 2003.  296 pp.  Cloth $26.95.  ISBN: 0-87840-899-1

Reviewed by J. Judd Owen, Department of Political Science, Emory University.  Email: jjowen@emory.edu .

This book is an “expanded and updated” version of William Lee Miller’s THE FIRST LIBERTY, originally published by Knopf in 1986.  The expanding and updating comes largely in a new introduction, the purpose of which is to reframe the importance of “America’s foundation in religious liberty” in a post-9/11 world.  Americans who have grown up assuming that the justification of religious freedom is as obvious as the blue sky (except in a distant benighted past) awoke on September 11, 2001 to find massive black clouds filling that blue sky.  The United States had been attacked in, of all things, a “holy war.”  Bin Laden’s war was, as Miller quotes him, one between “the side of believers and the side of infidels,” including “atheists,” “Crusaders and Jews.”

President Bush did indeed refer to the American counter-attack as a “crusade,” a term he never used again once he learned the significance of that word for our jihadist enemies.  But Bush’s slip, as Miller points out, is revealing.  On the one hand, the jihadists were aware, as Bush was not, of the true meaning of “crusade” – a Christian war waged against Muslims for the Holy Land.  On the other hand, supposing that Bush had any such war in mind when he used that word reveals a radical misunderstanding of America.  An enterprise like a genuine crusade is so alien to us (what on earth, to an American, is “holy land”?) that any such connotation has disappeared from the word.  But this means that, if we are misunderstood by our enemies, we are also misunderstood by ourselves.  We are unaware that we are the products of a profound transformation in outlook on the subject of religion.  Our “blue sky” is part of a novel political horizon with a peculiar and dramatic history.

Hence the major task of Miller’s book is to reframe historically for Americans the religious freedom they ought no longer to take for granted.  Much of Miller’s book reads like an historical narrative, but Miller’s history is chiefly about ideas.  For example, Part One is entitled “Bill Number 82,” the bill that became Virginia’s famous “Bill for Establishing Religious Freedom,” penned by Thomas Jefferson.  After recounting the historical drama surrounding Bill Number 82, Miller takes us virtually line by line through the bill explicating (not uncritically) its political and theoretical significance.  Part Two, “The Vocation of James Madison,” follows Part One by presenting an historical narrative frame for another crucial document shaping American religious freedom, viz. Madison’s “Memorial and Remonstrance,” written in opposition to a bill that was competing in the Virginia assembly with Jefferson’s Bill Number 82. 

Together, the first two parts of THE FIRST LIBERTY aim to present one of two main pillars, or rather SOURCES, of American religious liberty: “the United States is the distinct product of the modernizing and democratizing movements of Europe, especially the Reformation and the Enlightenment” (p.228).  Madison and Jefferson represent the “rationalistic Enlightenment,” stemming from, and politically radicalizing, the political philosophy of John Locke.  Locke had claimed that the true basis of beliefs concerning religion is rational assessment of the evidence, and that this basis ought not, and indeed cannot, be subject to manipulation by the political authority.  The arguments of both Jefferson’s Bill and Madison’s Remonstrance assert that, as Madison puts it, “the opinions of men depend[] only on the evidence contemplated by their own minds.”  Miller offers evidence suggesting that “the founding geniuses and heroes [of the United States]” (including not only Jefferson and Madison, but Franklin, Hamilton, and likely the majority of the rest responsible for framing the Constitution) “in their secret hearts mostly rejected [the Biblical revelation]” (p.237).  But unlike the French Enlightenment, “the Enlightenment in America would be soft on religion.”  Miller observes: “The American Enlightenment Revolutionaries did not regard hanging the last King in the entrails of the last priest as part of their revolutionary program” (p.236).  As an example of such softness, when asked about the divinity of Jesus, Franklin, advanced in years, replied that he had some doubts, adding: “it is a question I do not dogmatize upon, having never studied it, and think it needless to busy myself with it now, when I expect soon an opportunity of knowing the truth with less trouble.”  And again, when Hamilton was asked why the new federal Constitution made no mention whatsoever of God, he replied “I declare we forgot it.”

The other pillar of American religious liberty is, unlike the American political founding proper, emphatically religious.  “Religious liberty in America is not only the result of the founders and the outcome of the realities they faced; it is also the result of the radical wing of the Protestant Reformation” (p.129).  As Miller admits, “the stream of liberty does not run straight from the Protestant Reformation, or from the main body of the Puritan movement in England, or from the largest group of Puritan settlers in America … it does, however, run crookedly, as it were, from these sources,” although “partly inadvertently” (p.130). Consequently, Miller goes back about 150 years prior to the American Revolution (at the time of which, Miller tells us, as few as 15% of the population may have been members of a church) to that eccentric Puritan vanguard of religious liberty, Roger Williams.  Williams’s religio-political views were an oddity in his own day, but proved influential as an inspiration for Revolutionary era Christians who opposed any form of political establishment of religion, such as Massachusetts’s Isaac Backus.  Miller indicates another way in which earnest religious belief supported disestablishment—i.e., what Madison called the “jealousy” and “mutual hatred” between the various sects.  Miller tells us that Madison wrote to Jefferson that “he did not mind at all” this jealousy, since it led each sect to fear that another (but especially the Anglicans, in Virginia’s case) would use any sort of state support of religion to strengthen itself at the expense of the others.

From his exploration of these two sources of American religious liberty, Miller draws two main conclusions.  First, although the United States is not a Christian, or even a religious, state, it is not ANTI-religious.  It is instead impartial or neutral with respect to religious belief.  “Yet,” Miller says, “this impartiality or neutrality does not reflect hostility, nor the expectation that ‘religious’ belief will wither away; nor indifference, nor ignorance, but deference” (pp.229-30).  The United States is a “religion-respecting state.”

Or should we say this is the sort of state the U.S. has become?  The quotations in the preceding paragraph conclude a chapter sketching the development of twentieth century religion clause jurisprudence.  In the sequel, Miller draws his second conclusion, making a strong case that, although American religious liberty grew out of two theologically incompatible sources (Enlightenment and Protestantism), it has fostered somewhat of a third alternative, one that would have surprised both Jefferson and Madison, on the one hand, and Isaac Backus and Roger Williams on the other. 

What would surprise Jefferson and Madison is that the U.S did not settle on a (in Jefferson’s words) “religion of reason,” which paid as little mind as Franklin had to the “metaphysical riddles” of religion—i.e. theological truth. “Thomas Jefferson had assumed that now that the ‘standard of reason’ had been erected on these shores, and the human mind was no longer ‘held in vassalage,’ the majority of the generation of men already alive in his old age would shed the shackles of the superstitions of the past and become altogether reasonable in the Jefferson manner – Deists, Unitarians – in religion.  That, however, is not the way it worked out”(p.238). (This admission of Jefferson’s aim is enough to make one wonder if Miller’s claim about the “deference” to religion reflected in U.S. institutions is adequate.)  Miller observes: “As the Unites States settled into the grooves of nationhood ... the old-time religion did not fade away under the continual unfolding of scientific evidence, and it did not become either peripheral or as rational as Thomas Jefferson and James Madison might have preferred – peripheral, that is, to public life.”  Jefferson hoped his reforms would “remake Virginia ‘with a single eye to reason’” (p.23).  Religious freedom allowed for the continual flourishing, or repeated revival (“awakening”) of the old-time religion.

What would surprise Backus and Williams is that the “religion-respecting state” the U.S. has become respects not only Protestantism, but Catholicism, Judaism, Islam, among countless others, including new religions, and even atheism (now considered a “religion” by the Supreme Court).  According to Miller, “Protestant America would inadvertently give itself an enormous enrichment lesson” (p.241).  

Miller’s conclusions give the impression that the United States has managed to cull the finest features of the two sources of its religious liberty, while overcoming their essential theological incompatibility.  Yet this new pluralism of American religion is qualified.  Non-Protestant religion has been “Protestantized.”  Or, since Protestantism too has been transformed by political liberty, it is better to say that religion in America has been  liberalized.  American religion is neither Jeffersonian skeptical rationalism, nor is it the old-time religion, Protestant or other.  We seem to have stumbled upon a THIRD distinct alternative.

One of the surest signs of this alternative’s novelty, as well as its character, is reflected in the historical approach of Miller’s book – in its NEED for an historical approach.  Miller repeatedly is forced to remind his reader of how central and vitally important religion used to be, even in the widely “enlightened” early United States.  Speaking, for example, of Bill Number 82, Miller writes: “The politics of this affair, to a degree that may be difficult for a modern American to comprehend, revolved around the debates from within, and among rivalries among, the denominations” (p.32), forcing Madison to argue partly “in theistic terms” (p.87).  And speaking of the English Civil War, Miller says, “it is easy enough for someone with no stake in any of that, living in an atmosphere of ‘toleration’ and ‘liberty’ (or utter indifference) so far as those ancient disputes are concerned, to say: It is ridiculous; everybody stop killing, jailing, persecuting one another” (p.152).  It is easy enough since, according to “a modern view,” “one should not believe in any religious affirmation ‘too strongly,’” lest one be tempted to violate the principle of toleration.  Does, then, the principle of religious liberty prefer “utter indifference” to strong religious conviction?  Miller goes to some length to make clear that Roger Williams, although a firm proponent of religious liberty, “was indeed a committed – very committed – religious thinker.”  He is not what the modern reader expects.  He is not, it seems, like us.

One should, in response, at least raise the question of just how distinct this “third alternative” really is after all.  Perhaps Jefferson wouldn’t be disappointed that a history lesson is needed to inform us of how important religion was in the distant past.  Perhaps the American regime follows a bit more closely the intent of Jefferson and Madison (as opposed to Williams and Backus) than Miller suggests.  On the other hand, it may be no coincidence that the religious indifference Jefferson sought to foster has extended to the “religion of reason” that he sought to promote.  The idea of “natural right” also requires a history lesson.

The historical approach of Miller’s book, as well as its new introduction, will make it a fine resource for classroom instruction.  It would make an excellent companion piece for Jefferson’s Bill and Madison’s Remonstrance (both of which are reprinted as appendices).  It would also provide a helpful supplement to Tocqueville’s DEMOCRACY IN AMERICA.  THE FIRST LIBERTY can contribute to a needed civic “Great Awakening” – a lesson in “America’s foundation in religious freedom,” while beginning to indicate WHY the question of religion is foundational.

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Copyright 2003 by the author, J. Judd Owen.