Justice Joseph Story
[appointed by President James Madison--served from Feb 3, 1812 -- Sept 10,
1845]
[U.S.Congressman 1808-1809]
[Harvard Law School professor 1821-1845]
On the dangers inherent
in the Supreme Court:
"The truth is, that, even with the most secure tenure of office,
during good behavior, the danger is not, that the judges will be too
firm in resisting public opinion, and in defence of private rights or
public liberties; but, that they will be ready to yield themselves to
the passions, and politics, and prejudices of the day."
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On Christianity and Laws in America:
“I
verily believe Christianity necessary to the support of civil society. One
of the beautiful boasts of
our municipal jurisprudence
is that Christianity is a part of the Common Law. . . There never has been
a period in which the Common Law did not recognize Christianity as lying
its foundations.”
[Commentaries on the Constitution of the United States;
and 1829 speech at Harvard]
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On
witnesses in an American court of Law:
“Infidels
and pagans were banished from the halls of justice as unworthy of credit.”
[Life and letters of Joseph Story, Vol. II 1851, pp. 8-9]
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On the relationship between Christianity and
our Government
when the First Amendment was written:
"We are not to attribute this prohibition
of a national religious establishment [in the First Amendment] to an indifference
to religion in general, and especially to Christianity (which none
could hold in more reverence than the framers of the Constitution)"
“At the time
of the adoption of the constitution, and of the amendment to it, now under
consideration [i.e., the First Amendment],
the general, if not the universal sentiment in America was, that Christianity
ought to receive encouragement from the state, so far as was not incompatible
with the private rights of conscience, and the freedom of religious worship.
Any attempt to level all religions, and to make it a matter of state policy
to hold all in utter indifference, would have created universal disapprobation,
if not universal indignation.”
[Commentaries on the Constitution of the United States,
and A Familiar Exposition of the Constitution of the United States]
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On the First Amendment:
"The real object of the First Amendment was not to countenance, much less
to advance Mohammedanism, or Judaism, or infidelity, by prostrating Christianity,
but to exclude all rivalry among Christian sects [denominations] and to
prevent any national ecclesiastical patronage of the national government."
[J. Story, III, Commentaries on the Constitution [section]
1871 (1833)]
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