Reasonable Accommodation: James Madison and Governmental Noncognizance of Religion

Abstract

Abstract Scholars have long contested James Madison's position on religious liberty. Madison believed in governmental noncognizance of religion. The dominant view, voiced by Vincent Muñoz, interprets that to mean that government should take no notice of religion either to target it or to allow religious objectors exemptions from neutral and generally applicable laws. While there is much to commend Muñoz's view, it fails to accurately convey Madison's position. Noncognizance, for Madison, meant not that government should not notice religion, but that it should assume no authority over it. Consequently, Madison believed government should not interfere with religious duties unless to achieve important ends via carefully tailored policies.