Georgetown Center for the Constitution

Examining Founding Era sources on “religious tests” in both Britain and America to argue that the “clause in its original meaning prevented the federal government from imposing a confession or mandatory ritual but allowed the government to use burdensome oaths of allegiance.”

Arguing, based on evidence from the Philadelphia Convention and Founding-era state constitutions, that the definition of a religious test was understood as being broad, encompassing many forms of acts and professions to determine an officeholder’s religion. Finding that, though most religious tests were conducted under oath, the Framers’ definition was broad enough to encompass some qualifications for office separate from the oath.

Concluding that the Religious Test Clause disallowed religious tests which existed in England and many states during the Founding. Arguing further, based on history and its inclusion immediately following the Oaths Clause, that the Religious Test Clause was understood narrowly by the Framers as precluding the government from requiring federal office holders to bind themselves to a religion while taking the oath.

Documenting that the Religious Test Clause was understood to prevent the government from implementing denomination-based religious requirements for holding public office, thereby serving as a protection against the religion to which the majority adhered at any given time having political domination.

Documenting based on Founding-era evidence that the Religious Test Clause was intended to put all sects of religion on equal constitutional footing with regard to opportunity to hold public office. Concluding further that this provision was designed to ensure that one religion would not be able to disadvantage others.

Contending that the No Religious Test Clause did not evince the Founders’ aversion to religious tests, seeing as most believed that Christian convictions were relevant to their public service, but instead reflected their commitment to a constitutional philosophy that the government should be foreclosed from backing or propping up religion.