Presented by Willard Hurst as part of his course "Introduction to Modern American Legal History" at the University of Wisconsin Law School in 1978. The origins and reasoning behind separation of church and state are investigated beginning with an examination of a 1786 Virginia statute on the topic. Ben Franklin's thoughts on prayer in school are considered, and the secular gains of organized religion are also highlighted. Hurst switches gears to contemporary as he discusses how the topic is complicated by the state aid to churches, the rights and privileges of incorporation, and the presence of conscientious objectors. This lecture explains early American society through the eyes of a French traveler. America's open society, hospitality, and immense richness are highlighted as the traveler marvels at the country's substantial economic activity. This growing market economy is perceived as a source of great vitality, and as a means of expressing individual private will. These observations are linked to a discussion of the 1798 sedition acts and the transition of political power after the election of 1800.
