Who is Henry Marie Brackenridge?

 

HM_Brackenridge_1901Chief Justice John Roberts quoted a Brackenridge speech in the Trinity Lutheran v. Comer majority opinion.

Here is a taste of Ann E. Marimow’s piece at The Washington Post:

The lawmaker Roberts cited was H.M. Brackenridge, a member of the Maryland House of Delegates and leading supporter of what was known as the “Jew Bill” — a measure to remove the state’s requirement that elected officials swear to “a belief in the Christian religion.”

The brief excerpt from Brackenridge’s lengthy speech came at the end of the 15-page majority opinion in Trinity Lutheran v. Comer. The high court found that a preschool operated by a Missouri church should have been eligible for state funding just like other non-religious charitable organizations.

Trinity Lutheran Church in Columbia, Mo., brought the case after the Missouri government excluded the church from a grant program that pays to resurface playgrounds because the state said it could not provide financial assistance directly to a church. In the 7-2 decision, Roberts quoted Brackenridge before concluding that the exclusion of the church “solely because it is a church, is odious to our Constitution all the same, and cannot stand.”

The son of a Pennsylvania Supreme Court judge, Brackenridge is hardly a household name in Maryland’s political history having served just two terms representing Baltimore. Much of his career was spent in other states, including stints as a judge in Louisiana and Florida, and as a U.S. congressman from Pennsylvania in 1840.

Brackenridge’s 1819 speech was part of broader effort to get rid of a measure that prevented Jews from holding office. Many states in the early nineteenth-century had religious qualifications for office.

According to the Maryland State Archives, Brackenridge argued that Maryland’s requirement violated the First Amendment of the Constitution that at the time only applied to the federal government. The so-called Jew Bill did not pass during Brackenridge’s tenure, when there were only about 150 Jewish people in Maryland. Jews were unable to hold elected office in Maryland until 1826, said Emily Oland Squires, director of research, education and outreach at the Maryland State Archives.

Read the entire piece here.

It is also worth noting here at The Way of Improvement Leads Home that H.M. Brackenridge is the son of Henry Hugh Brackenridge, a Princeton classmate of Philip Vickers Fithian.