Thomas Jefferson, Religious Freedom, and the Supreme Court

Most American scholars are reasonably well aware of the contributions of Thomas Jefferson (and his younger colleague, James Madison) to the establishment of the legal framework for religious freedom in the United States. Perhaps many are less aware of Jefferson's “second life” in the Supreme Court's several encounters with Jefferson and with the religion clauses of the First Amendment. This article will, first, review briefly Jefferson's lifelong commitment to religious liberty, which he regarded as the foundation of all liberties. Second, attention will be given to Supreme Court decisions in this troubled arena, with some comment on Jefferson's continued relevance—to use a tame and tired word—within the contemporary American scene.