A Standard for Repair

Preface, PART I THE ESTABLISHMENT CLAUSE CHAPTER 1 Introduction: Religion and the Constitution A. The Centrality of the Constitution B. The Religion Clauses 1. Religious Test Clause 2. The First Amendment C. The Wall of Separation CHAPTER 2 Accommodation of Religion A. The Founders' Intent B. The Founders' Practices C. Legal Positivism CHAPTER 3 First Congress Debates on the Establishment Clause A. Prelude to the First Congress Debates B. The First Congress Debates C. The Debates of August 15,1789 D. Adoption of the Establishment Clause E. Conclusions CHAPTER 4 The Meaning of "Establishments of Religion" in Eighteenth-Century America A. Uses of "Establishment" B. The Quebec Act C. Tennent and the South Carolina Constitution D. Virginia's Establishment Bills E. Massachusetts and the Constitution of 1780; Conclusion PART II IDEOLOGICAL UNDERPINNINGS OF THE CONSTITUTION: NATURAL RIGHTS AND EQUALITY CHAPTER 5 Structure of Constitutional Rights I: The Revolutionary Period A. The Background to Revolution 1. Natural Rights 2. Sovereignty and Equality B. The Declaration of Independence C. The State Constitutions CHAPTER 6 Structure of Constitutional Rights II: The United States Constitution A The Constitutional Convention B. Ratification Debates 1. Pennsylvania as Prolegomenon 2. National Proliferation C. The First Congress Debates and the Ninth Amendment CHAPTER 7 A Standard for Repair: Principles, Practices, and Equality A. Equality and Religion B. Equality: Principle or Practice? 1. Three Chief Justices 2. Practices over Principles CHAPTER 8 Conclusion