A Standard for Repair : The Establishment Clause, Equality, and Natural Rights Book

	Preface
Pt. I	The Establishment Clause
Ch. 1	Introduction: Religion and the Constitution	3
A	The Centrality of the Constitution	3
B	The Religion Clauses	7
1	Religious Test Clause	7
2	The First Amendment	10
C	The Wall of Separation	11
Ch. 2	Accommodation of Religion	21
A	The Founders' Intent	23
B	The Founders' Practices	28
C	Legal Positivism	34
Ch. 3	First Congress Debates on the Establishment Clause	39
A	Prelude to the First Congress Debates	39
B	The First Congress Debates	41
C	The Debates of August 15, 1789	44
D	Adoption of the Establishment Clause	59
E	Conclusions	64
Ch. 4	The Meaning of "Establishments of Religion" in Eighteenth-Century America	69
A	Uses of "Establishment"	71
B	The Quebec Act	73
C	Tennent and the South Carolina Constitution	78
D	Virginia's Establishment Bills	81
E	Massachusetts and the Constitution of 1780	88
	Conclusion	95
Pt. II	Ideological Underpinnings of the Constitution: Natural Rights and Equality
Ch. 5	Structure of Constitutional Rights I: The Revolutionary Period	99
A	The Background to Revolution	99
1	Natural Rights	99
2	Sovereignty and Equality	109
B	The Declaration of Independence	117
C	The State Constitutions	119
Ch. 6	Structure of Constitutional Rights II: The United States Constitution	135
A	The Constitutional Convention	135
B	Ratification Debates	143
1	Pennsylvania as Prolegomenon	143
2	National Proliferation	152
C	The First Congress Debates and the Ninth Amendment	165
Ch. 7	A Standard for Repair: Principles, Practices, and Equality	177
A	Equality and Religion	177
B	Equality: Principle or Practice?	184
1	Three Chief Justices	184
2	Practices over Principles	187
Ch. 8	Conclusion	197
	Bibliography	201
	Table of Cases	215
	Index	217