| Europe witnessed the emergence of theoretical atheism in the eighteenth century, and American society was confronted by this unorthodox belief system during the Founding Era. The opinions of the framers of the Constitution on atheism varied widely; the few religion provisions of the Constitution represent a compromise between the Moderates, who wanted to legally favor religion in preference to atheism on the federal or state levels, and the smaller group of Libertarians led by James Madison who believed that religious opinions, including atheism, were not within the government's authority. More recently, the Supreme Court established the principle of neutrality between religion and atheism, but several recent opinions have indirectly burdened atheism by arguing for government assistance to religion in general. As both approaches have been problematic, the endorsement paradigm offers an alternative for constitutional religious liberty jurisprudence capable of effectively representing the rights and interests of atheists. |
