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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.


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.


Church and State: Is a True Separation Possible?

Church and State: Is a True Separation Possible?
Author: Erin L. McCoy
Publisher: Cavendish Square Publishing, LLC
Total Pages: 146
Release: 2018-12-15
Genre: Young Adult Nonfiction
ISBN: 1502643200

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Where to draw the line between church and state in everything from laws and courtrooms to public schools and foreign affairs has been a point of contention throughout American history, a debate between those who believe in a complete separation and those who argue that religion was important to the Founding Fathers and has therefore always been an important part of American culture. This book dives into the foundational documents of the United States, important legal cases, laws governing social behavior, religion in the public schools, and separation of church and state on the international level. Photographs, sidebars, and images of the Constitution and Bill of Rights help readers gain a deeper understanding of the debate from all sides.


What's God Got to Do With It?

What's God Got to Do With It?
Author: Robert Ingersoll
Publisher: Steerforth
Total Pages: 148
Release: 2011-12-13
Genre: Political Science
ISBN: 1586421972

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Robert Ingersoll (1833—1899) is one of the great lost figures in United States history, all but forgotten at just the time America needs him most. An outspoken and unapologetic agnostic, fervent champion of the separation of church and state, and tireless advocate of the rights of women and African Americans, he drew enormous audiences in the late nineteenth century with his lectures on “freethought.” His admirers included Mark Twain and Thomas A. Edison, who said Ingersoll had “all the attributes of a perfect man” and went so far as to make an early recording of Ingersoll’s voice. The publication of What’s God Got to Do with It? will return Robert Ingersoll and his ideas to American political discourse. Edited and with a biographical introduction by Pulitzer Prize winner Tim Page, this new popular collection of Ingersoll’s thought – distilled from the twelve-volume set of his works, his copious letters, and various newspaper interviews – promises to put Ingersoll back where he belongs, in the forefront of independent American thought.


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.


Separation of Church and State in the United States

Separation of Church and State in the United States
Author: Alvin W. Johnson
Publisher: U of Minnesota Press
Total Pages: 290
Release: 1948-11-15
Genre: Political Science
ISBN: 0816659656

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Separation of Church and State in the United States was first published in 1948. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. This book is more than a revised and enlarged edition of Dr. Johnson's Legal Status of Church-State Relationships in the United States. Besides rewriting and bringing up to date much of the original material, the authors have added a number of chapters dealing with subjects that have gained prominence in recent years: citizenship and the bearing of arms, saluting the flag, distribution of religious literature, and freedom of speech for Communists. Such recent cases as the Supreme Court decision in McCollum v. Board of Education—better known as the Champaign, Illinois, case—are discussed in some detail. School administrators will find the book of great practical value, for it deals predominantly with church-state relationships in the public schools, one of the chief areas of conflict. These conflicts include such questions as Bible readings and religious instruction in the public schools, dismissed and released time for religious education, the allowing of credit for religious instruction, public aid to sectarian schools, the wearing of religious garb, furnishing free textbooks and transportation for students in parochial schools.


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"--


Separating Church and State

Separating Church and State
Author: Steven K. Green
Publisher: Cornell University Press
Total Pages: 247
Release: 2022-03-15
Genre: Religion
ISBN: 1501762079

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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.


Why the Religious Right Is Wrong About Separation of Church and State

Why the Religious Right Is Wrong About Separation of Church and State
Author: Robert Boston
Publisher: Prometheus Books
Total Pages: 281
Release: 2010-09-30
Genre: Religion
ISBN: 1615924108

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Award-winning journalist Robert Boston lambastes the zealots of the Religious Right for spreading misinformation about the constitutional principle of the separation of church and state. Boston reveals how a band of ultraconservative religious groups with a political agenda - led primarily by televangelist Pat Robertson - is conducting a systematic war aginst the separation of church and state. The tactics of these groups are designed to exploit unfounded fears and turn the American people against the separationist principle. They will not rest, Boston says, until the United States has become a theocracy. To expose the Religious Right's blatant distortions of U.S. history and correct its skewed analysis of legal rulings, Boston objectively reviews the evolution of church/state relations in the United States and looks at how the separation principle has been applied by the courts. He also examines efforts by sectarian groups to win government support for their schools, the school prayer issue, the history of the free exercise of religion, and the controversial role of religion in the public square. Published in cooperation with Americans United for the Separation of Church and State