The Williamsburg Charter
A Time for Reconstitution

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 We believe, finally, that the time is ripe for a genuine
expansion of democratic liberty, and that this goal may be
attained through a new engagement of citizens in a debate that
is reordered in accord with constitutional first principles and
considerations of the common good. This amounts to no less than
the reconstitution of a free republican people in our day.
Careful consideration of three precepts would advance this
possibility: 
The Criteria Must Be Multiple:
Reconstitution requires the recognition that the great dangers
in interpreting the Constitution today are either to release
interpretation from any demanding criteria or to narrow the
criteria excessively. The first relaxes the necessary
restraining force of the Constitution, while the second
overlooks the insights that have arisen from the Constitution
in two centuries of national experience.
Religious liberty is the only freedom in the First Amendment to
be given two provisions. Together the clauses form a strong
bulwark against suppression of religious liberty, yet they
emerge from a series of dynamic tensions which cannot
ultimately be relaxed. The Religious Liberty provisions grow
out of an understanding not only of rights and a due
recognition of faiths but of realism and a due recognition of
factions. They themselves reflect both faith and skepticism.
They raise questions of equality and liberty, majority rule and
minority rights, individual convictions and communal tradition.
The Religious Liberty provisions must be understood both in
terms of the Framers' intentions and history's sometimes
surprising results. Interpreting and applying them today
requires not only historical research but moral and political
reflection.
The intention of the Framers is therefore a necessary but
insufficient criterion for interpreting and applying the
Constitution. But applied by itself, without any consideration
of immutable principles of justice, the intention can easily be
wielded as a weapon for governmental or sectarian causes, some
quoting Jefferson and brandishing No establishment and others
citing Madison and brandishing Free exercise. Rather, we must
take the purpose and text of the Constitution seriously,
sustain the principles behind the words and add an appreciation
of the many-sided genius of the First Amendment and its complex
development over time. 
The Consensus Must Be Dynamic:
Reconstitution requires a shared understanding of the
relationship between the Constitution and the society it is to
serve. The Framers understood that the Constitution is more
than parchment and ink. The principles embodied in the document
must be affirmed in practice by a free people since these
principles reflect everything that constitutes the essential
forms and substance of their society--the institutions, customs
and ideals as well as the laws. Civic vitality and the
effectiveness of law can be undermined when they overlook this
broader cultural context of the Constitution.
Notable, in this connection is the striking absence today of
any national consensus about religious liberty as a positive
good. Yet religious liberty is indisputably what the Framers
intended and what the First Amendment has preserved. Far from
being a matter of exemption, exception or even toleration,
religious liberty is an inalienable right. Far from being a
sub-category of free speech or a constitutional redundancy,
religious liberty is distinct and foundational. Far from being
simply an individual right, religious liberty is a positive
social good. Far from denigrating religion as a social or
political "problem," the separation of Church and State is both
the saving of religion from the temptation of political power
and an achievement inspired in large part by religion itself.
Far from weakening religion, disestablishment has, as an
historical fact, enabled it to flourish.
In light of the First Amendment, the government should stand in
relation to the churches, synagogues and other communities of
faith as the guarantor of freedom. In light of the First
Amendment, the churches, synagogues and other communities of
faith stand in relation to the government as generators of
faith, and therefore contribute to the spiritual and moral
foundations of democracy. Thus, the government acts as a
safeguard, but not the source, of freedom for faiths, whereas
the churches and synagogues act as a source, but not the
safeguard, of faiths for freedom.
The Religious Liberty provisions work for each other and for
the federal idea as a whole. Neither established nor excluded,
neither preferred nor proscribed, each faith (whether
transcendent or naturalistic) is brought into a relationship
with the government so that each is separated from the state in
terms of its institutions, but democratically related to the
state in terms of individuals and its ideas.
The result is neither a naked public square where all religion
is excluded, nor a sacred public square with any religion
established or semi-established. The result, rather, is a civil
public square in which citizens of all religious faiths, or
none, engage one another in the continuing democratic
discourse. 
The Compact Must Be Mutual:
Reconstitution of a free republican people requires the
recognition that religious liberty is a universal right joined
to a universal duty to respect that right.
In the turns and twists of history, victims of religious
discrimination have often later become perpetrators. In the
famous image of Roger Williams, those at the helm of the Ship
of State forget they were once under the hatches. They have, he
said, One weight for themselves when they are under the
hatches, and another for others when they come to the helm."
They show themselves, said James Madison, "as ready to set up
an establishment which is to take them in as they were to pull
down that which shut them out." Thus, benignly or otherwise,
Protestants have treated Catholics as they were once treated,
and secularists have done likewise with both.
Such inconsistencies are the natural seedbed for the growth of
a de facto establishment. Against such inconsistencies we
affirm that a right for one is a right for another and a
responsibility for all. A right for a Protestant is a right for
an Orthodox is a right for a Catholic is a right for a Jew is a
right for a Humanist is a right for a Mormon is a right for a
Muslim is a right for a Buddhist--and for the followers of any
other faith within the wide bounds of the republic.
That rights are universal and responsibilities mutual is both
the premise and the promise of democratic pluralism. 1 The First
Amendment, in this sense, is the epitome of public justice and
serves as the Golden Rule for civic life. Rights are best
guarded and responsibilities best exercised when each person
and group guards for all others those rights they wish guarded
for themselves. Whereas the wearer of the English crown is
officially the Defender of the Faith, all who uphold the
American Constitution are defenders of the rights of all
faiths.
From this axiom, that rights are universal and responsibilities
mutual, derives guidelines for conducting public debates
involving religion in a manner that is democratic and civil.
These guidelines are not, and must not be, mandated by law. But
they are, we believe, necessary to reconstitute and revitalize
the American understanding of the role of religion in a free
society.
 | First, those who claim the right to dissent should assume
the responsibility to debate: Commitment to democratic
pluralism assumes the coexistence within one political
community of groups whose ultimate faith commitments may be
incompatible, yet whose common commitment to social unity and
diversity does justice to both the requirements of individual
conscience and the wider community. A general consent to the
obligations of citizenship is therefore inherent in the
American experiment, both as a founding principle ("We the
people") and as a matter of daily practice.
There must always be room for those who do not wish to
participate in the public ordering of our common life, who
desire to pursue their own religious witness separately as
conscience dictates. But at the same time, for those who do
wish to participate, it should be understood that those
claiming the right to dissent should assume the responsibility
to debate. As this responsibility is exercised, the
characteristic American formula of individual liberty
complemented by respect for the opinions of others permits
differences to be asserted, yet a broad, active community of
understanding to be sustained. |

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 | Second, those who claim the right to criticize should assume
the responsibility to comprehend: One of the ironies of
democratic life is that freedom of conscience is jeopardized by
false tolerance as well as by outright intolerance. Genuine
tolerance considers contrary views fairly and judges them on
merit. Debased tolerance so refrains from making any judgment
that it refuses to listen at all. Genuine tolerance honestly
weighs honest differences and promotes both impartiality and
pluralism. Debased tolerance results in indifference to the
differences that vitalize a pluralistic democracy.
Central to the difference between genuine and debased tolerance
is the recognition that peace and truth must be held in
tension. Pluralism must not be confused with, and is in fact
endangered by, philosophical and ethical indifference.
Commitment to strong, clear philosophical and ethical ideas
need not imply either intolerance or opposition to democratic
pluralism. On the contrary, democratic pluralism requires an
agreement to be locked in public argument over disagreements of
consequence within the bonds of civility.
The right to argue for any public policy is a fundamental right
for every citizen; respecting that right is a fundamental
responsibility for all other citizens. When any view is
expressed, all must uphold as constitutionally protected its
advocate's right to express it. But others are free to
challenge that view as politically pernicious, philosophically
false, ethically evil, theologically idolatrous, or simply
absurd, as the case may be seen to be.
Unless this tension between peace and truth is respected,
civility cannot be sustained. In that event, tolerance
degenerates into either apathetic relativism or a dogmatism as
uncritical of itself as it is uncomprehending of others. The
result is a general corruption of principled public debate.
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 | Third, those who claim the right to influence should accept
the responsibility not to inflame: Too often in recent
disputes over religion and public affairs, some have insisted
that any evidence of religious influence on public policy
represents an establishment of religion and is therefore
precluded as an improper "imposition." Such exclusion of
religion from public life is historically unwarranted,
philosophically inconsistent and profoundly undemocratic. The
Framers' intention is indisputably ignored when public policy
debates can appeal to the theses of Adam Smith and Karl Marx,
or Charles Darwin and Sigmund Freud but not to the Western
religious tradition in general and the Hebrew and Christian
Scriptures in particular. Many of the most dynamic social
movements in American history, including that of civil rights,
were legitimately inspired and shaped by religious motivation.
Freedom of conscience and the right to influence public policy
on the basis of religiously informed ideas are inseverably
linked. In short, a key to democratic renewal is the fullest
possible participation in the most open possible debate.
Religious liberty and democratic civility are also threatened,
however, from another quarter. Overreacting to an improper veto
on religion in public life, many have used religious language
and images not for the legitimate influencing of policies but
to inflame politics. Politics is indeed an extension of ethics
and therefore engages religious principles; but some err by
refusing to recognize that there is a distinction, though not a
separation, between religion and politics. As a result, they
bring to politics a misplaced absoluteness that idolizes
politics, "Satanizes" their enemies and politicizes their own
faith.
Even the most morally informed policy positions involve
prudential judgments as well as pure principle. Therefore, to
make an absolute equation of principles and policies inflates
politics and does violence to reason, civil life and faith
itself. Politics has recently been inflamed by a number of
confusions: the confusion of personal religious affiliation
with qualification or disqualification for public office; the
confusion of claims to divine guidance with claims to divine
endorsement; and the confusion of government neutrality among
faiths with government indifference or hostility to religion.
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 | Fourth, those who claim the right to participate should
accept the responsibility to persuade: Central to the
American experience is the power of political persuasion.
Growing partly from principle and partly from the pressures of
democratic pluralism, commitment to persuasion is the corollary
of the belief that conscience is inviolable, coercion of
conscience is evil, and the public interest is best served by
consent hard won from vigorous debate. Those who believe
themselves privy to the will of history brook no argument and
need never tarry for consent. But to those who subscribe to the
idea of government by the consent of the governed, compelled
beliefs are a violation of first principles. The natural logic
of the Religious Liberty provisions is to foster a political
culture of persuasion which admits the challenge of opinions
from all sources.
Arguments for public policy should be more than private
convictions shouted out loud. For persuasion to be principled,
private convictions should be translated into publicly
accessible claims. Such public claims should be made publicly
accessible for two reasons: first, because they must engage
those who do not share the same private convictions, and
second, because they should be directed toward the common good. |

Reference:
- The term "pluralism" is ambiguous. Here
is seems to be used to refer to religious diversity.

Copyright © 2002 by Ontario Consultants on Religious
Tolerance
Originally written: 2002-DEC-
Latest update: 2002-DEC-
Author: B.A. Robinson

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