Separation of Church and State
Separation of Church and State

Author: Philip Hamburger

Publisher: 清华大学出版社有限公司

Published: 2002-06-30

Total Pages: 546

ISBN-13: 9780674007345

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Hamburger argues that separation of church and state has no historical foundation in the First Amendment and shows that eighteenth-century Americans almost never invoked this principle. Although Jefferson and others retrospectively claimed a First Amendment basis for separation, it became part of American constitutional law only much later.

Church, State, and Original Intent
Church, State, and Original Intent

Author: Donald L. Drakeman

Publisher: Cambridge University Press

Published: 2009-11-16

Total Pages: 383

ISBN-13: 1139483994

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This provocative book shows how the United States Supreme Court has used constitutional history in church-state cases. Donald L. Drakeman describes the ways in which the justices have portrayed the framers' actions in a light favoring their own views about how church and state should be separated. He then marshals the historical evidence, leading to a surprising conclusion about the original meaning of the First Amendment's establishment clause: the framers originally intended the establishment clause only as a prohibition against a single national church. In showing how conventional interpretations have gone astray, he casts light on the close relationship between religion and government in America and brings to life a fascinating parade of church-state constitutional controversies from the founding era to the present.