Earlier this year, the Louisiana legislature passed
a law requiring all public
schools in the state to display a particular edited version of the Ten Commandments in a particular size starting on 1 Jan 2025.
A federal judge has blocked that
law from taking effect on the grounds that it clearly violates the
U.S. Constitution’s First Amendment bar on governments establishing
religion.
In attempting to justify itself, the law cites some historical facts about earlier invocations of religion in American civic life, though not the Ten Commandments. The law’s only citation specifically mentioning those supposedly foundational rules is:
History records that James Madison, the fourth President of the United States of America, stated that “(w)e have staked the whole future of our new nation . . . upon the capacity of each of ourselves to govern ourselves according to the moral principles of the Ten Commandments”.
That is, however, a lie. The editors of the James Madison Papers have said that those words don’t appear in his writings, and that idea is antithetical to what Madison did write about the basis of the Constitution and the place of religion in government.
Three books published in 1989 attributed those words to Madison:
- George Grant, Trial and Error: The American Civil Liberties Union and Its Impact on Your Family.
- Mark A. Belilies and Stephen McDowell, America’s Providential History.
- David Barton, The Myth of Separation.
All three were written by fundamentalist Christian ministers publishing through fundamentalist Christian presses (in Barton’s case, through his own organization).
As his source for the Madison quotation, and for other claims, Grant pointed to Harold K. Lane’s
Liberty! Cry Liberty! (Boston: Lamb & Lamb Tractarian Society, 1939). Beliles and McDowell offered no citation. Barton cited Beliles and McDowell.
In his 1992 reissue of
The Myth of Separation, Barton changed his citation to match Grant’s
Liberty! Cry Liberty! and added a 1958 issue of
Progressive Calvinism, itself citing that year’s calendar from the Spiritual Mobilization organization.
Authors defending Barton and themselves against the charge of lying about the quotation point to
Liberty! Cry Liberty! as evidence that people have attributed those words to Madison since 1939. Except that citation also appears to be a lie.
Chris Rodda has detailed her unsuccessful quest to find a copy of
Liberty! Cry Liberty! anywhere. It’s not in the Library of Congress or Harvard University, the nation’s two largest repositories. The book has no entry in WorldCat. Nor is there other evidence of the publisher or author existing. Grant has never supplied a copy or explained where he saw one.
Rodda has made a convincing case that the real source of this “quotation” are speeches that law school dean Clarence Manion delivered in the early 1950s in support of the
Bricker Amendment. Manion interspersed accurate quotations from Madison with his own exegeses, which of course reflected his own ideas of politics and religion and which many Madison experts disagree with. Later in that decade, it appears, people assembling non-scholarly religious publicatons assigned Manion’s words to Madison himself.
After that, a series of authors saw a “quotation” from a famous Framer that confirmed their existing belief and repeated it without checking for an original source, all the way to the Louisiana law. So is this a simple chain of error, the authors to be blamed for no more than carelessness?
I don’t think the idea of simple mistakes is tenable. For one thing, someone came up with that suspicious citation of
Liberty! Cry Liberty!, and many other people have repeated it without anyone apparently confirming the publication even existed.
Secondly, scholars pointed out the falsehood of the Madison quotation decades ago. The Madison Papers editors addressed it in 1993. Robert S. Alley published about it in the
William & Mary Bill of Rights Journal in 1995. The
Washington Post published a letter about it in 1999. Chris Rodda wrote out her investigation in 2016.
Even Barton and his organization now acknowledge that the Madison quotation is “unconfirmed” after more than twenty years of zealous searching. (I’ve discussed other obvious errors from Barton
here and
here. And we mustn’t forget how Barton’s effort at publishing through a religious press with higher standards was
recalled in 2012.)
In sum, the Louisiana legislature used a false claim to justify promulgating a particular religious text to schoolchildren. That claim had been publicly shown to be false before the parents of some of those children were even born. The lack of evidence for that claim can easily be found through a simple web search, including at the website of the author most responsible for spreading the falsehood. That doesn’t add up to simple carelessness. That’s educational negligence.
TOMORROW: What
The New England Primer says about the Ten Commandments.