Thomas Jefferson: On the Civil and Religious Powers of Government

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      One of the basic tenets of Thomas Jefferson's political creed was his belief in the fundamental freedom of religion from any interference by the state. This notion is today so much a part of our heritage that it is difficult to imagine the time when many openly combatted it. The early New England theocracies clearly would not have recognized such a separation, and this influence was still apparent there in the early nineteenth century. In the following letter, dated January 23, 1808, to Samuel Miller, a Presbyterian minister, Jefferson took the opportunity to defend his point of view, which he felt was strongly supported by the Constitution.

      I have duly received your favor of the 18th and am thankful to you for having written it, because it is more agreeable to prevent than to refuse what I do not think myself authorized to comply with.

      I consider the government of the United States as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment, or free exercise, of religion, but from that also which reserves to the states the powers not delegated to the U.S. Certainly no power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the general government. It must then rest with the states, as far as it can be in any human authority.

      But it is only proposed that I should recommend not prescribe a day of fasting and prayer. That is, that I should indirectly assume to the U.S. an authority over religious exercises which the Constitution has directly precluded them from. It must be meant, too, that this recommendation is to carry some authority, and to be sanctioned by some penalty on those who disregard it; not indeed of fine and imprisonment but of some degree of proscription. . . .

      And does the change in the nature of the penalty make the recommendation the less a law of conduct for those to whom it is directed? I do not believe it is for the interest of religion to invite the civil magistrate to direct its exercises, its discipline, or its doctrines; nor of the religious societies that the general government should be invested with the power of effecting any uniformity of time or matter among them. Fasting and prayer are religious exercises; the enjoining them an act of discipline. Every religious society has a right to determine for itself the times for these exercises and the objects proper for them, according to their own particular tenets; and this right can never be safer than in their own hands, where the Constitution has deposited it.

      I am aware that the practice of my predecessors may be quoted. But I have ever believed that the example of state executives led to the assumption of that authority by the general government, without due examination, which would have discovered that what might be a right in a state government was a violation of that right when assumed by another. Be this as it may, everyone must act according to the dictates of his own reason, and mine tells me that civil powers alone have been given to the President of the U.S. and no authority to direct the religious exercises of his constituents.

Source: Memoirs, Correspondence, and Private Papers of Thomas Jefferson, vol. 4, Thomas Jefferson Randolph, ed., 1829, pp. 106-107.

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