This book investigates whether a coherent, unified principle of religious freedom can be derived from the original meaning of the First Amendment's religion clauses. Steven D. Smith, a professor of law, challenges the prevailing academic and judicial consensus by arguing that the religion clauses were never intended to establish a substantive right to religious freedom. Instead, he posits that these clauses were strictly jurisdictional, designed to preserve state authority over religious matters rather than to impose a federal standard. Through a rigorous historical and legal analysis, Smith demonstrates why modern attempts to locate a singular principle within the original intent are fundamentally misdirected.

Legal scholars and historians frequently cite this work as a provocative challenge to standard constitutional theory regarding the First Amendment. Experts note that the text provides a dense, highly technical argument that demands a strong background in American legal history to fully appreciate.