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Separation of Church and State

Separation of Church and State
Author: Philip HAMBURGER
Publisher: Harvard University Press
Total Pages: 529
Release: 2009-06-30
Genre: Law
ISBN: 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
Total Pages: 330
Release: 2022-03-15
Genre: Religion
ISBN: 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.


Democratic Authority and the Separation of Church and State

Democratic Authority and the Separation of Church and State
Author: Robert Audi
Publisher: OUP USA
Total Pages: 191
Release: 2011-09
Genre: Law
ISBN: 0199796084

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This book clarifies the relation between religion and ethics, articulates principles governing religion in politics, and outlines a theory of civic virtue. It frames institutional principles to guide governmental policies toward religion and counterpart standards to guide individual citizens; and it defends an account of toleration that leavens the ethical framework both in individual nations and internationally.


The Separation of Church and State

The Separation of Church and State
Author: Forrest Church
Publisher: Beacon Press
Total Pages: 177
Release: 2011-05-03
Genre: Religion
ISBN: 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.


Separation of Church & State

Separation of Church & State
Author: David Barton
Publisher: Wallbuilder Press
Total Pages: 0
Release: 2007-05
Genre: Christianity
ISBN: 9781932225419

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The first amendment of the U.S. Constitution is discussed in regard to the intent of the Founding Fathers.


Creationism's Trojan Horse

Creationism's Trojan Horse
Author: Barbara Forrest
Publisher: Oxford University Press
Total Pages: 447
Release: 2007
Genre: Religion
ISBN: 0195319737

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"First issued as an Oxford University Press paperback, 2007."


Separation of Church and State

Separation of Church and State
Author: Frank Lambert
Publisher:
Total Pages: 0
Release: 2014
Genre: Political Science
ISBN: 9780881464771

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Frank Lambert tackles the central claims of the Religious Right "historians" who insist that America was conceived as a "Christian State," that modern-day "liberals" and "secularists" have distorted and/or ignored the place of religion in American history, and that the phrase "the separation of church and state" does not appear in any of the founding documents and is, therefore, a myth created by the Left. He discusses what separates "bad" history from "good" history, and concludes that the self-styled "historians" of the Religious Right create a "useful past" that enlists the nation's founders on behalf of present-day conservative religious and political causes. ¶ Through the use of selective quotations lifted out of context and interpreted through faulty logic, the result is a politicized religious history that says more about the Religious Right than it does about the nation's founders. Lambert believes that the most effective means of critiquing such misuse of history is sound historical investigation that considers all the evidence, not just that which supports an author's biases, and draws reasonable conclusions grounded in historical context. ¶ The result exposes the Religious Right "history" as fabrications and halftruths. In fact, one of the foundational principles of the Constitution is that of separation as the key to safeguarding freedom: separation of powers, separation of federal and state governments, and separation of church and state. Book jacket.


Jefferson & Madison on Separation of Church and State

Jefferson & Madison on Separation of Church and State
Author: Thomas Jefferson
Publisher:
Total Pages: 0
Release: 2004
Genre: History
ISBN: 9781569802731

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A complete selection of writings from Thomas Jefferson and James Madison focusing specifically on their very forward thinking beliefs in the separation of church and state.


The Religion Clauses

The Religion Clauses
Author: Erwin Chemerinsky
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2020
Genre: Law
ISBN: 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"--


The First Liberty

The First Liberty
Author: William Lee Miller
Publisher:
Total Pages: 280
Release: 2003
Genre: History
ISBN: 9780878408993

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At a time when the concept of religion-based politics has taken on new and sometimes ominous tones--even within the United States--it is not only right, but also urgently necessary that William Lee Miller revisit his profound exploration of the place of religious liberty and church and state in America. For this revised edition of The First Liberty, Miller has written a pointed new introduction, discussing how religious liberty has taken on deeper dimensions in a post-9/11 world. With new material on recent Supreme Court cases involving church-state relations and a new concluding chapter on America's religious and political landscape, this volume is an eloquent and thorough interpretation of how religious faith and political freedom have blended and fused to form part of our collective history-and most importantly, how each concept must respect the boundaries of the other. Though many claim the United States to be a "Christian Nation," Miller provides a fascinatingly vivid account of the philosophical skirmishes and political machinations that led to the "wall of separation" between church and state. That famous phrase is Jefferson's, though it does not appear in the Declaration of Independence nor in the Constitution. But Miller follows this seminal idea from three great standard-bearers of religious liberty: Jefferson, Madison, and Roger Williams. Jefferson, who wrote the Virginia Statute for Religious Freedom, the precursor of the First Amendment of the Constitution; James Madison, who was politically responsible for Virginia's acceptance of religious liberty and who, a few years later, helped draft the Bill of Rights; and the even earlier figure, the radical dissenter Roger Williams, who propounded the idea of religious freedom not as a rational secularist but out of a deeply held spiritual faith. Miller re-creates the fierce and vibrant debate among the founding fathers over the means of establishing public virtue in the absence of established religion--a debate that still reverberates in today's passionate arguments about civil rights, school prayer, abortion, Christmas crèches, conscientious objection during warfare--and demonstrates how the right to hold any religious belief has dynamically shaped American political life.