James Kent Quotes


Though the Constitution has discarded religious establishments, it does not forbid judicial cognizance of those offenses against religion and morality which have no reference to any such establishment, or to any particular form of government, but are punishable because they strike at the root of moral obligation, and weaken the security of the social ties.


Context

The highest court in New York.


Citations

James Kent, 1763-1847, Chief Justice of the New York State Court of Appeals Chancellor of New York State, The People v. Ruggles

Sourced by: Eigen's Political and Historical Quotations

Related Quotes

This may just have been a note to himself of a draft that he decided not to send. As with today, the people who would feel aggrieved by not being allowed to have Congressional Chaplains are much more passionate about the issue than the those who see Chaplains as unconstitutional. Thus Chaplains remain.


There were those who disagreed with Sekulow, especially those whose religions did not recognize the Ten Commandments. Others see the Ten Commandments not in a religious sense but in a cultural sense and therefore the display in the Supreme Court—along with other world historical scenes of laws and lawgiving—was a historical and cultural display which did not help to “establish” any religion.


Madison, while a member of the House, had opposed the appropriation of funds for Congressional Chaplains and lost. Strict constructionists often quote his statements regarding Congressional Chaplains. Loose constructionists point to the fact that a majority of the Congress indeed appropriated the funds.


Opponents of the strict separation of church and state use this quotation to support their view. However, Story herein describes public sentiment, not what was passed and ratified in the Constitution and Bill of Rights. See {614309} and {614310} for his statements from the same work that show that there was no question in his mind but that church and state are separated by the Constitution and the First Amendment.


James Kent
James Kent
  • Born: July 31, 1763
  • Died: December 12, 1847
  • Nationality:
  • Profession:

James Kent was an American jurist and legal scholar. He was the author of Commentaries on American Law.