New Essay: "The Establishment Clause At The Second Founding"

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Reason · collected 2026-10-13 · by Josh Blackman analysis

Quick Summary

A new essay in Civitas by a law professor presents research on the Establishment Clause from 1868, using digitized archives of the Freedmen Bureau. The article highlights how federal agencies worked with religious groups to establish schools for freed slaves where daily activities included Bible readings and prayers. For instance, regulations for schools in Texas mandated morning exercises starting with hymns or prayer followed by scripture reading. Similar practices were documented across other states like Louisiana, Georgia, Alabama, and Maryland, showing the integration of religious education as a means to promote morality among recently emancipated slaves.
Written locally by qwen2.5:14b on 2026-10-13, using this article's own text rather than the other coverage of the same event (that is the story summary below).

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Story summary

Josh Blackman's new essay in Civitas discusses the understanding of the Establishment Clause during 1868 based on recently digitized archives of the Freedmen Bureau. The essay reveals that a federal agency, led by military chaplains, collaborated with religious organizations to establish schools for freed slaves in the South, where religious activities like Bible readings and prayers were part of daily routines. For example, regulations in Texas stated classes would begin at 9 A.M., starting with hymns, prayer, or Scripture reading. Similarly, Louisiana Freedmen schools began each day with a Scripture passage or prayer followed by singing. In Georgia, the Bainbridge school started every day by reading one chapter from the Bible, and Mobile’s Freedmen school opened daily with "divine service." This research challenges current interpretations of the Establishment Clause's original intent regarding church-state separation in the post-Civil War period.

Written for “Establishment Clause Analysis” on 2026-10-13, grounded in this article and the 0 other(s) covering the same event.
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The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans right (beta estimate) Confidence high 3 quote(s) discarded as not found in the article
Leaning: leans right for article 76494 (high confidence, 1 verified quote) · logged 2026-10-13

Story

📰 Establishment Clause Analysis
Politics · 1 article(s) covering the same event.

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Cite this article

Blackman, J. (2026, October 13). New Essay: "The Establishment Clause At The Second Founding". Reason. https://reason.com/volokh/2026/10/13/new-essay-the-establishment-clause-at-the-second-founding/

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How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
31
sentences that state something as happening or true
Uncertain
0%
0 of 31 hedged ("reportedly", "may", "according to")
Leaning
Leans right
of the writing, not the subject · beta estimate
Publisher signals
66/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-13 · how these are computed

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Article leaning vs. publisher reliability
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Publisher

Reason · 693 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
65 article(s) here · 1 carrying a prediction
🔮 The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures."
🔮 Kyle asks: Well, I don't know how much coverage of the court you read, but you may not be surprised to learn that one light motif is that you are brooding figure.
🔮 Just as there are no doubt those on the bench who have strong ambitions for future office, there are others who are happy to be public servants, but who would be just as happy earning their living by some other means.
2026-10-06 · assertive framing · Lurching Through The Audition Trap
🔮 "But within a relatively short period of time, the thought occurred to me, and I think to the others in the majority, that this would endanger us.
🔮 He could have served in government, but he didn't.
🔮 (Southwick's already fragile reputation would be irreparably tarnished by such a move.)
🔮 The conduct caused disturbances that would have resulted in violence had law enforcement not intervened.
🔮 "It follows that if the underpinning is removed, the increasing professionalism will also disappear.
2026-10-02 · assertive framing · Todd Butler's Problematic Publications
🔮 In December 2017, I wrote in National Review that Republican-appointed judges should consider taking senior status so President Trump could fill those seats.
2026-10-01 · assertive framing · When Judges Pick Their Law Clerks As Replacements
🔮 Since he joined the Court, Roberts and his family would seek solace from the swamp at Hupper Island after the Court dismisses for the term.
Also by Josh Blackman
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 65 articles by Josh Blackman →

Topics

Alabama Civitas Freedmen the Establishment Clause the Freedmen's Bureau

Subjects

Freedmen ORG · 5× Alabama GPE · 4× Gordon PERSON · 2× the Freedmen's Bureau ORG · 2× Bainbridge GPE · 1× Civitas ORG · 1× Louisiana Freedmen ORG · 1× Texas GPE · 1× The Volokh PERSON · 1× the Freedmen Bureau ORG · 1×

Narrative

In October 1866, the Superintendent of Schools for Alabama wrote that "[e]ffort has been made to supply the moral and religious wants of the freedmen as far as possible" through the donation of 2,000 Bibles from the American Bible Society.
framing: assertive · carried by 1 article(s) · first seen 2026-10-13
🔮 The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures."
2026-10-13 · Reason
New Essay: "The Establishment Clause At The Second Founding" · assertive framing

Claims (31 extracted, 0 hedged)

My new essay in Civitas introduces novel research about the understanding of the Establishment Clause in 1868. asserted
essay → introduce → 1868
I dug through recently digitized archives of the Freedmen Bureau. asserted
I → dig → Bureau
In short, a federal government agency, headed by military chaplains, worked with religious groups to establish schools in the South, and the curriculum in those classes included bible readings and prayers. asserted
curriculum → head → readings
The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures." asserted
Exercises → provide → Scriptures
After prayers, the students would sing "an appropriate hymn or melody." asserted
students → sing → hymn
The Freedmen school in Bainbridge, Georgia opened the day by reading one chapter from the Bible. asserted
school → open → Bible
The Freedmen school in Mobile, Alabama opened each day with a "divine service, which exercises consist of reading short selections from the Bible, after which the school repeat[s] the 23rd Psalm." asserted
school → open → Psalm
(It begins, "The Lord is my shepherd. . . .") asserted
Lord → begin → ?
"Then all kneel, when a short prayer is offered by some designated teacher, at the close of which all join in the repetition of the Lord's prayer, when the exercises are concluded by singing . . . asserted
exercises → kneel → prayer
In February 1868, a teacher at the Clinton's Freedmen's School in Tennessee reported to the Freedmen's Bureau that "the prayers of the pupils is [sic] encouraging." asserted
prayers → report → pupils
In October 1868, Dellie Gordon, a teacher at a Sabbath School in Prince George's County, Maryland, wrote to Rev. John Kimball, the Superintendent of District of Columbia Schools. asserted
Gordon → write → Schools
Gordon relayed that she "opened school on Sunday afternoon and recited the Ten Commandments which, the children had never heard before." asserted
children → relay → which
Gordon added that "with explaining the 2nd chap St. Matthew the afternoon passed very pleasantly." asserted
afternoon → add → chap
(This chapter discusses Jesus's birth and early childhood.) asserted
chapter → discuss → birth
The purpose of teaching scripture was not merely to promote literacy. asserted
purpose → teach → literacy
The Bureau recognized a close connection between teaching religion and promoting morality among the families of recently freed slaves. asserted
Bureau → recognize → slaves
In October 1866, the Superintendent of Schools for Alabama wrote that "[e]ffort has been made to supply the moral and religious wants of the freedmen as far as possible" through the donation of 2,000 Bibles from the American Bible Society. asserted
e]ffort → write → Society
The report observed that "portions of the Holy Scriptures find their way to households which, probably, would be reached in no other way." asserted
which → observe → way
Another report from Alabama explained that "[e]ffort has been made to supply the moral and religious wants of the freedmen as far as possible." asserted
e]ffort → explain → freedmen
General O.O. Howard, the Commissioner of the Freedmen's Bureau, and the namesake of Howard University, was told that teachers "explain[ed] the lessons of morals and christianity, so strikingly presented in every page of the Bible." asserted
teachers → tell → Bible
The schools also engaged in outright proselytization. asserted
schools → engage → proselytization
Teachers at American Missionary Association schools for Freedmen in Alabama were required to fill out a monthly report with questions about conversion: how many Bibles were distributed? asserted
Bibles → require → conversion
How many families were "engaged in religious services, either by reading the Scriptures, singing, or prayer"; how many "hopeful conversions, if any, during the month"? asserted
families → engage → month
One report from the Girard Freedmen School reported nine hopeful converts. asserted
report → report → converts
The Freedmen schools, which were managed and funded by the federal government, proactively incorporated the Bible into the curriculum. asserted
which → manage → curriculum
Students began their day with prayer, read from the bible, and teachers were encouraged to proselytize. asserted
teachers → begin → bible
These actions were viewed as a critical way to develop morality among the freedmen. asserted
actions → view → freedmen
This history from the Second Founding should inform how the Establishment Clause would have been understood when the Fourteenth Amendment was adopted. asserted
Amendment → inform → Founding
I have published here only a small bit of my research. asserted
I → publish → research
The full load will come in a forthcoming symposium article. asserted
load → come → article
I encourage others to follow this path, and see what else comes up. asserted
what → encourage → path
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