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.


Between Church and State

Between Church and State

Author: James W. Fraser

Publisher: Palgrave Macmillan

Published: 2000-09-02

Total Pages: 296

ISBN-13: 9780312233396

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Today, the ongoing battle between religion and public education is once again a burning issue in the United States. Prayer in the classroom, the teaching of creationism, the representation of sexuality in the classroom, and the teaching of morals are just a few of the subjects over which these institutions are skirmishing. James Fraser shows that though these battles have been going on for as long as there have been public schools, there has never been any consensus about the proper relationship between religion and public education. Looking at the most difficult question of how private issues of faith can be reconciled with the very public nature of schooling, Fraser paints a picture of our multicultural society that takes our relationship with God into account.


Religion and Politics in America [2 volumes]

Religion and Politics in America [2 volumes]

Author: Frank J. Smith

Publisher: Bloomsbury Publishing USA

Published: 2016-07-11

Total Pages: 997

ISBN-13:

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There has always been an intricate relationship between religion and politics. This encyclopedia provides a comprehensive overview of the interrelation of religion and politics from colonial days to the present. Can a judge display the Ten Commandments outside of the courthouse? Can a town set up a nativity scene on the village green during Christmas? Should U.S. currency bear the "In God We Trust" motto? Should public school students be allowed to form bible study groups? Controversies about the separation of church and state, the proper use of religious imagery in public space, and the role of religious beliefs in public education are constantly debated. This work offers insights into contemporary controversies regarding the uneasy intersections of religion and politics in America. Organized alphabetically, the entries place each topic in its proper historical context to help readers fully grasp how religious beliefs have always existed side by side—and often clashed with—political ideals in the United States from the time of the colonies. The information is presented in an unbiased manner that favors no particular religious background or political inclination. This work shows that politics and religion have always had an impact on one another and have done so in many ways that will likely surprise modern students.


The Separation of Church and State

The Separation of Church and State

Author: Forrest Church

Publisher: Beacon Press

Published: 2011-05-03

Total Pages: 177

ISBN-13: 080707747X

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Now in paperback, a primer of essential writings about one of the cornerstones of our democracy by the original authors of the Constitution, edited by preeminant liberal theologian Forrest Church. Americans will never stop debating the question of church-state separation, and such debates invariably lead back to the nation’s beginnings and the founders’ intent. The Separation of Church and State presents a basic collection of the founders’ teachings on this topic. This concise primer gets past the rhetoric that surrounds the current debate, placing the founders’ vivid writings on religious liberty in historical perspective. Edited and with running commentary by Forrest Church, this important collection informs anyone curious about the original blueprint for our country and its government.


Church State Corporation

Church State Corporation

Author: Winnifred Fallers Sullivan

Publisher: University of Chicago Press

Published: 2020-07-15

Total Pages: 223

ISBN-13: 022645469X

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Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.


The Religion Clauses

The Religion Clauses

Author: Howard Gillman

Publisher:

Published: 2020

Total Pages: 241

ISBN-13: 0190699736

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In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.


Religion and State

Religion and State

Author: L. Carl. Brown

Publisher: Columbia University Press

Published: 2001-08-20

Total Pages: 265

ISBN-13: 0231529376

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If Westerners know a single Islamic term, it is likely to be jihad, the Arabic word for "holy war." The image of Islam as an inherently aggressive and xenophobic religion has long prevailed in the West and can at times appear to be substantiated by current events. L. Carl Brown challenges this conventional wisdom with a fascinating historical overview of the relationship between religious and political life in the Muslim world ranging from Islam's early centuries to the present day. Religion and State examines the commonplace notion—held by both radical Muslim ideologues and various Western observers alike—that in Islam there is no separation between religion and politics. By placing this assertion in a broad historical context, the book reveals both the continuities between premodern and modern Islamic political thought as well as the distinctive dimensions of modern Muslim experiences. Brown shows that both the modern-day fundamentalists and their critics have it wrong when they posit an eternally militant, unchanging Islam outside of history. "They are conflating theology and history. They are confusing the oughtand the is," he writes. As the historical record shows, mainstream Muslim political thought in premodern times tended toward political quietism. Brown maintains that we can better understand present-day politics among Muslims by accepting the reality of their historical diversity while at the same time seeking to identify what may be distinctive in Muslim thought and action. In order to illuminate the distinguishing characteristics of Islam in relation to politics, Brown compares this religion with its two Semitic sisters, Judaism and Christianity, drawing striking comparisons between Islam today and Christianity during the Reformation. With a wealth of evidence, he recreates a tradition of Islamic diversity every bit as rich as that of Judaism and Christianity.


A Secular Faith

A Secular Faith

Author: Darryl G. Hart

Publisher: Ivan R. Dee Publisher

Published: 2006

Total Pages: 296

ISBN-13:

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"A Secular Faith does precisely this. Darryl Hart, the highly regarded historian of religion, contends that appeals to Christianity for social and political well-being fundamentally misconstrue the meaning of the Christian religion. His book weaves together historical narratives of key moments in American Protestantism's influence on the nation's politics, plus commentary on recent writing about religion and public life, and expositions of Christian teaching. The tapestry that emerges is a compelling faith-based argument for keeping Christianity out of politics."--BOOK JACKET.