Home
/
RELIGION & LIBERTY ONLINE
/
Madison on Religious Conscience
Madison on Religious Conscience
Jan 21, 2026 2:10 PM

The HHS Mandate is troubling to so many simply because it’s a clear Constitutional violation. Any basic understanding of Constitutional rights and our religious freedom sees that this is primarily about religious liberty, and not solely an issue concerning contraceptives or Roman Catholics.

Last week we heard from James Madison on religious liberty in my post “Religious Liberty or Government Tolerance?”

In 1792, Madison wrote an essay titled “Property” in the National Gazette. This is a brilliant piece by Madison where he declares that government is instituted to protect the property of the person. “In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights,” says Madison. There is all sorts of property according to Madison. As Madison understands, property is not just material property, but also a property of conscience or religious opinions. Madison notes that man “has a property of peculiar value in his religious opinions, and in the profession and practice dictated by them.” Furthermore, Madison declares this kind of property is “the most sacred.”

Madison said that those in government who violate that charge of protecting property “would be in his proper functions in Turkey or Indostan, under appellations proverbial of the plete despotism.”

Below is an excerpt from Madison’s essay:

More sparingly should this praise be allowed to a government where a man’s religious rights are violated by penalties, or fettered by tests, or taxed by a hierarchy. Conscience is the most sacred of all property, other property depending in part on positive law [but] the exercise of that being a natural and unalienable right. To guard a man’s house as his castle, to pay public and enforce private debts with the most exact faith, can give no title to invade a man’s conscience, which is more sacred than his castle, or to withhold from it that debt of protection for which the public faith is pledged by the very nature and original conditions of the social pact.

The full essay is here.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
France urges actions against Iran
France’s foreign minister, Philippe Douste-Blazy, said that Iran’s move to resume its nuclear activities could spark a “major international crisis,” increasing the pressure on Tehran to return to the negotiating table or risk facing sanctions. France is urging European negotiators to propose a meeting of the International Atomic Energy Agency’s council of governors. “If the Iranians still do not accept what the council of governors propose, then the munity must turn to the Security Council” and “we will see what...
Culture of litigation infects the Church
The current issue of Christianity Today magazine examines the lack of discipline in evangelical churches, and is presenting the themed articles in a series on its website. The litigious nature of American culture has e one of the great contributing factors to the decline of church discipline. A brief article by Ken Sande, an attorney who serves as president of Peacemaker Ministries, testifies to this reality. In “Keeping the Lawyers at Bay,” Sande writes that one way bat the tendency...
Antiochian orthodox to quit NCC
The terminal politicization of the National Council of Churches has led a major Orthodox jurisdiction to throw in the towel. The Antiochian Orthodox Church, meeting for its bi-annual convention in Dearborn, Mich., has “voted overwhelmingly” to leave the ecumenical body led by Rev. Bob Edgar, a former Democrat congressman. The news has been posted on Touchstone Magazine’s Mere Comments blog, and was phoned in by a correspondent for Ancient Faith Radio who was on the scene in Dearborn. Metropolitan Philip...
The birth of space tourism
This has been a momentous week for manned space exploration. First, NASA returned to flight with Tuesday’s launch of the Space Shuttle Discovery, which was almost immediately followed by a return to not flying, as safety concerns will be grounding the shuttle fleet once again. The whirlwind of activity has rekindled the debate over the future of the Space Shuttle program and the government’s manned space flight in general. But in the end, the space news that this week may...
Dead man’s hand
On this date in 1876, Wild Bill Hickok was killed, shot dead from behind by Jack McCall while playing poker. He held a pair of aces & a pair of 8s, forever giving bination the nickname “Dead Man’s Hand.” Poker e a long way since then, ing a global multi-million dollar industry. There’s a good discussion over at World Magazine Blog, asking where parents should “draw the line,” given the rising popularity of poker among youth. This story from CBS’s...
Al Gore launches network
Al Gore’s new Current TV network seeks to be “the television home page for the Internet generation,” the former vice-president said. With its debut today, Current TV seeks to be a more hip and cutting-edge form of presenting the news. “I think the reality of the network will speak for itself,” Gore told reporters. “It’s not intended to be partisan in any way and not intended to be ideological.” Sure thing Mr. Gore. Of course a network you are debuting...
Fruitful math
Here’s a view of procreation that doesn’t line up with the UN-sponsored “World Population Day”. In the midst of a discussion about a Jewish tradition mandating that each couple has at least one male and one female child, Bryan Caplan at EconLog writes, I’m on the record in favor of having more kids. I believe that, in most cases, both individuals and society would be better off if families had three or four. A lot of people have small families...
Dying by the sword
Two recent news items of interest, the timing of which seems serendipitous: “U.S. Muslim Scholars Issue Edict Against Terrorism” “IRA Ending Longtime ‘Armed Campaign'” ...
Christians countering corruption
From ENI: Nigerian president wants Church to nurture God-fearing politicians Lagos (ENI). Nigerian President Olusegun Obasanjo, lamenting poor leadership and corruption among public officers in his country, has urged churches to help nurture political leaders who are honest, hardworking, visionary, and inspiring. “The Church has a major role to play in identifying, nurturing, promoting and guiding such leaders at all levels of our society and our polity,” Obasanjo said in Lagos at the laying of the foundation stone of a...
Exchange on globalization and labor
From last week’s McLaughlin Group (July 30), an exchange between Pat Buchanan and Mort Zuckerman on the AFL-CIO split: MR. BUCHANAN: There’s no doubt it is a blow to the Democrats. And what Eleanor said is very important earlier. The future of the labor movement is in service workers and it’s government workers, John, because the industrial unions are dying. We are exporting all of their jobs overseas, whether it’s textile or steel or (atomic?) workers or auto workers. All...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved