Should the wall of separation between church and state be permeable or inviolable? This question has been hotly contested since the nation's founding and contentious debates persist today. With a collection of the most significant documents and an introduction by Clarke E. Cochran that provides the historical context of the debate, prominent scholars Mary Segers and Ted Jelen debate the impact of organized religion on the democratic process, examine its influence on political discourse, and discuss its significance for the creation of public policy. The authors illuminate the constitutional implications of using religion to cultivate public morality and discuss the complexities of creating a civic-minded citizenry in a pluralistic society.
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's "wall of separation between church and state," and few metaphors have provoked more passionate debate.
Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
"We’re going to build a wall.” Borders have been drawn since the beginning of time, but in recent years artificial barriers have become increasingly significant to the political conversation across the world. Donald Trump was elected President of the United States while promising to build a wall on the Mexico border, and in Europe, the international movements of migrants and refugees have sparked fierce discussion about whether and how countries should restrict access to their territory by erecting physical barriers. Virtual walls are also built and crushed at increasing speed. In the post-9/11 era there is a greater danger from so-called "transnational non-state actors”, and computer hacking and cyberterrorism threaten to overwhelm our technological barriers. In this timely and original book, Said Saddiki scrutinises the physical and virtual walls located in four continents, including Israel, India, the southern EU border, Morocco, and the proposed border wall between Mexico and the US. Saddiki’s detailed analysis explores the tensions between the rise of globalisation, which some have argued will lead to a "borderless world” and "the end of the nation-state”, and the rapid development in recent decades of border control systems. Saddiki examines both regular and irregular cross-border activities, including the flow of people, goods, ideas, drugs, weapons, capital, and information, and explores the disparities that are reflected by barriers to such activities. He considers the consequences of the construction of physical and virtual walls, including their impact on international relations and the rise of the multi-billion dollar security market. World of Walls: The Structure, Roles and Effectiveness of Separation Barriers is important reading for all those interested in the topics of immigration, border security, international relations, and policy.
A collection of original essays exploring the history of the various American religious traditions and the meaning of their many expressions The Blackwell Companion to American Religious History explores the key events, significant themes, and important movements in various religious traditions throughout the nation’s history from pre-colonization to the present day. Original essays written by leading scholars and new voices in the field discuss how religion in America has transformed over the years, explore its many expressions and meanings, and consider religion’s central role in American life. Emphasizing the integration of religion into broader cultural and historical themes, this wide-ranging volume explores the operation of religion in eras of historical change, the diversity of religious experiences, and religion’s intersections with American cultural, political, social, racial, gender, and intellectual history. Each chronologically-organized chapter focuses on a specific period or event, such as the interactions between Moravian and Indigenous communities, the origins of African-American religious institutions, Mormon settlement in Utah, social reform movements during the twentieth century, the growth of ethnic religious communities, and the rise of the Religious Right. An innovative historical genealogy of American religious traditions, the Companion: Highlights broader historical themes using clear and compelling narrative Helps teachers expose their students to the significance and variety of America’s religious past Explains new and revisionist interpretations of American religious history Surveys current and emerging historiographical trends Traces historical themes to contemporary issues surrounding civil rights and social justice movements, modern capitalism, and debates over religious liberties Making the lessons of American religious history relevant to a broad range of readers, The Blackwell Companion to American Religious History is the perfect book for advanced undergraduate and graduate students in American history courses, and a valuable resource for graduate students and scholars wanting to keep pace with current historiographical trends and recent developments in the field.
"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
The book examines the relationship between religion and state in a comparative perspective with special attention paid to Western and Middle-Eastern experiences. It examines the resurgence of 'fundamentalism' not only in developing nations but also in economically affluent 'post-modern' societies.
“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
