Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Separating Church and State written by Steven K. Green and published by Cornell University Press. This book was released on 2022-03-15 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Church State Corporation written by Winnifred Fallers Sullivan and published by . This book was released on 2020 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book The Oxford Handbook of Church and State in the United States written by Derek Davis and published by OUP USA. This book was released on 2010-11-18 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Church State and the Crisis in American Secularism written by Bruce Ledewitz and published by Indiana University Press. This book was released on 2011-06-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1947, the Supreme Court has promised government neutrality toward religion, but in a nation whose motto is "In God We Trust" and which pledges allegiance to "One Nation under God," the public square is anything but neutral -- a paradox not lost on a rapidly secularizing America and a point of contention among those who identify all expressions of religion by government as threats to a free society. Yeshiva student turned secularist, Bruce Ledewitz seeks common ground for believers and nonbelievers regarding the law of church and state. He argues that allowing government to promote higher law values through the use of religious imagery would resolve the current impasse in the interpretation of the Establishment Clause. It would offer secularism an escape from its current tendency toward relativism in its dismissal of all that religion represents and encourage a deepening of the expression of meaning in the public square without compromising secular conceptions of government.
Download or read book Church and State in America written by James H. Hutson and published by Cambridge University Press. This book was released on 2007-11-12 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Church and State in American Law written by John Joseph McGrath and published by Milwaukee : Bruce Publishing Company. This book was released on 1962 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Separation of Church and State written by Forrest Church and published by Beacon Press. This book was released on 2011-05-03 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Church State and Freedom written by Leo Pfeffer and published by Wipf and Stock Publishers. This book was released on 2018-05-02 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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)
Download or read book Law Religion and Health in the United States written by Holly Fernandez Lynch and published by Cambridge University Press. This book was released on 2017-07-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.
Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Bloudy Tenent of Persecution written by Roger Williams and published by . This book was released on 1867 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt and published by Harvard University Press. This book was released on 2017-06-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
Download or read book Religion and the Law in America 2 volumes written by Scott A. Merriman and published by Bloomsbury Publishing USA. This book was released on 2007-05-18 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.
Download or read book Church State and Freedom written by Leo Pfeffer and published by Wipf and Stock Publishers. This book was released on 2018-05-02 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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)
Download or read book Church State and Public Justice written by P. C. Kemeny and published by InterVarsity Press. This book was released on 2009-09-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abortion. Physician-assisted suicide. Same-sex marriages. Embryonic stem-cell research. Poverty. Crime. What is a faithful Christian response? The God of the Bible is unquestionably a God of justice. Yet Christians have had their differences as to how human government and the church should bring about a just social order. Although Christians share many deep and significant theological convictions, differences that threaten to divide them have often surrounded the matter of how the church collectively and Christians individually ought to engage the public square. What is the mission of the church? What is the purpose of human government? How ought they to be related to each other? How should social injustice be redressed? The five noted contributors to this volume answer these questions from within their distinctive Christian theological traditions, as well as responding to the other four positions. Through the presentations and ensuing dialogue we come to see more clearly what the differences are, where their positions overlap and why they diverge. The contributors and the positions taken include Clarke E. Cochran: A Catholic Perspective Derek H. Davis: A Classical Separation Perspective Ronald J. Sider: An Anabaptist Perspective Corwin F. Smidt: A Principled Pluralist Perspective J. Philip Wogaman: A Social Justice Perspective This book will be instructive for anyone seeking to grasp the major Christian alternatives and desiring to pursue a faithful corporate and individual response to the social issues that face us.
