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.

The Religion Clauses
The Religion Clauses

Author: Erwin Chemerinsky

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 241

ISBN-13: 0190699736

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"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"--

Religious Liberty and State Constitutions
Religious Liberty and State Constitutions

Author: Edd Doerr

Publisher:

Published: 1993

Total Pages: 128

ISBN-13:

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In 1787, the new United States of America formulated a Constitution, which for more than two hundred years has remained the greatest single advance in the long evolution of democracy and freedom. The authors of the Constitution, fearing the religious intolerance and persecution that was typical of many European governments, deliberately avoided a church-state union and limited the federal government to purely secular matters. The First Amendment explicitly stated, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ..". In the debate over the separation between church and state, attention is often focussed solely on the national Constitution. The fact is sometimes overlooked that the state constitutions, some of which were written before the federal Constitution, include explicit protections of religious liberty and church-state separation, some even more comprehensive and specific in their guarantees and prohibitions than the U.S. Constitution. All of the state constitutions deal with religious freedom and all support the church-state separation principle. Forty-six states explicitly protect freedom of worship or conscience, while thirty-five states prohibit establishment of any state religion. Interestingly, five states still have provisions requiring that office holders believe in a Supreme Being, despite the fact that the Supreme Court declared these requirements to be unconstitutional in 1961. This comprehensive volume brings together all of the religious-liberty and church-state provisions of the fifty state constitutions. The only work of its kind, Religious Liberty and State Constitutions will serve as a useful referencework for people in the fields of education, law, and religion.