d the no
establishment clause as follows: "By establishment of religion is meant
the setting up or recognition of a state church, or at least the
conferring upon one church of special favors and advantages which are
denied to others (citing 1 Tuck. Bl. Com. App. 296; 2 _id._, App. Note
G.). It was never intended by the Constitution that the government
should be prohibited from recognizing religion, * * * where it might be
done without drawing any invidious distinctions between different
religious beliefs, organizations, or sects."[13]

THE "WALL OF SEPARATION" DOCTRINE

In 1802 President Jefferson wrote a letter to a group of Baptists in
Danbury, Connecticut in which he declared that it was the purpose of the
First Amendment to build "a wall of separation between Church and
State,"[14] and in Reynolds _v._ United States,[15] the first
Anti-Mormon Case, Chief Justice Waite, speaking for the unanimous Court,
characterized this as "almost an authoritative declaration of the scope
and effect of the amendment," one which left Congress "free to reach
actions which were in violation of social duties or subversive of good
order."[16] Recently the Court has given Jefferson's "almost
authoritative" pronouncement a greatly enlarged application. Speaking by
Justice Black, a sharply divided Court sustained in 1947 the right of
local authorities in New Jersey to provide free transportation for
children attending parochial schools,[17] but accompanied its holding
with these warning words, which appear to have had the approval of most
of the Justices: "The 'establishment of religion' clause of the First
Amendment means at least this: Neither a state nor the Federal
Government can set up a church. Neither can pass laws which aid one
religion, aid all religions, or prefer one religion over another.
Neither can force nor influence a person to go to or to remain away from
church against his will or force him to profess a belief or disbelief in
any religion. No person can be punished for entertaining or professing
religious beliefs or disbeliefs, for church attendance or
non-attendance. No tax in any amount, large or small, can be levied to
support any religious activities or institutions, whatever they may be
called, or whatever form they may adopt to teach or practice religion.
Neither a state nor the Federal Government can, openly or secretly,
participate in the affairs of any religious organizations of groups and
_vice versa_."[18]