Separation of Church and State

Separation of Church and State

Author: Philip HAMBURGER

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 529

ISBN-13: 0674038185

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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.


Separating Church and State

Separating Church and State

Author: Steven K. Green

Publisher: Cornell University Press

Published: 2022-03-15

Total Pages: 330

ISBN-13: 1501762087

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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.


The Church State Corporation

The Church State Corporation

Author: Winnifred Fallers Sullivan

Publisher:

Published: 2020

Total Pages: 223

ISBN-13: 022645469X

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"What is a church and what work does "church"-the church-do today in American law? In Church State Corporation, Sullivan argues that the appeals to "the church" we find in legal opinions express what she calls a "Christian mystical political theology" that naturalizes religion in the American legal imagination and limits the law's ability to acknowledge religion more broadly. To pinpoint the work the church does in US law, Sullivan examines two recent Supreme Court cases, Hosanna-Tabor v. Equal Employment Opportunity Commission (2012) and Burwell v. Hobby Lobby (2014), in order to map the contours of the "church-shaped space" at the heart of what constitutes religion in US law. Sullivan also examines a constellation of church property cases, cases developing corporate personhood such as Citizens United, and what the "Angola Church"-a collection of churches formed within the Louisiana State Penitentiary at Angola-reveals about the range of the church's influence in US law. In all, the reader is treated to a remarkably thought-provoking analysis of the ways the church persists in US law, one that calls into question our basic assumptions about our supposedly secular age"--


The Oxford Handbook of Church and State in the United States

The Oxford Handbook of Church and State in the United States

Author: Derek Davis

Publisher: OUP USA

Published: 2010-11-18

Total Pages: 592

ISBN-13: 0195326245

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21 essays present a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within 5 main areas: history, politics, sociology theology/philosophy and law.


Law, Religion, and Health in the United States

Law, Religion, and Health in the United States

Author: Holly Fernandez Lynch

Publisher: Cambridge University Press

Published: 2017-07-03

Total Pages: 451

ISBN-13: 1107164885

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This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.


Church and State in America

Church and State in America

Author: James H. Hutson

Publisher: Cambridge University Press

Published: 2007-11-12

Total Pages: 221

ISBN-13: 1139467905

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This is an account of the ideas about and public policies relating to the relationship between government and religion from the settlement of Virginia in 1607 to the presidency of Andrew Jackson, 1829–37. This book describes the impact and the relationship of various events, legislative, and judicial actions, including the English Toleration Act of 1689, the First and Second Great Awakenings, the Constitution of the United States, the Bill of Rights, and Jefferson's Letter to the Danbury Baptists. Four principles were paramount in the American approach to government's relation to religion: the importance of religion to public welfare; the resulting desirability of government support of religion (within the limitations of political culture); liberty of conscience and voluntaryism; the requirement that religion be supported by free will offerings, not taxation. Hutson analyzes and describes the development and interplay of these principles, and considers the relevance of the concept of the separation of church and state during this period.


The Myth of American Religious Freedom

The Myth of American Religious Freedom

Author: David Sehat

Publisher: Oxford University Press

Published: 2011-01-14

Total Pages: 368

ISBN-13: 0199793115

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In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.


Church, State, and Original Intent

Church, State, and Original Intent

Author: Donald L. Drakeman

Publisher: Cambridge University Press

Published: 2010

Total Pages: 383

ISBN-13: 0521119189

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This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.