Church And State In American Law
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Author | : Philip HAMBURGER |
Publisher | : Harvard University Press |
Total Pages | : 529 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674038185 |
Download Separation of Church and State Book in PDF, Epub and Kindle
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.
Author | : Philip Hamburger |
Publisher | : Harvard University Press |
Total Pages | : 294 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 067424642X |
Download Separation of Church and State Book in PDF, Epub and Kindle
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.
Author | : Philip Hamburger |
Publisher | : 清华大学出版社有限公司 |
Total Pages | : 546 |
Release | : 2002-06-30 |
Genre | : History |
ISBN | : 9780674007345 |
Download Separation of Church and State Book in PDF, Epub and Kindle
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.
Author | : Steven K. Green |
Publisher | : Cornell University Press |
Total Pages | : 330 |
Release | : 2022-03-15 |
Genre | : Religion |
ISBN | : 1501762087 |
Download Separating Church and State Book in PDF, Epub and Kindle
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.
Author | : Winnifred Fallers Sullivan |
Publisher | : |
Total Pages | : 223 |
Release | : 2020 |
Genre | : Christianity and politics |
ISBN | : 022645469X |
Download The Church State Corporation Book in PDF, Epub and Kindle
"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"--
Author | : Derek Davis |
Publisher | : OUP USA |
Total Pages | : 592 |
Release | : 2010-11-18 |
Genre | : Language Arts & Disciplines |
ISBN | : 0195326245 |
Download The Oxford Handbook of Church and State in the United States Book in PDF, Epub and Kindle
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.
Author | : Bruce Ledewitz |
Publisher | : Indiana University Press |
Total Pages | : 310 |
Release | : 2011-06-01 |
Genre | : Law |
ISBN | : 0253001366 |
Download Church, State, and the Crisis in American Secularism Book in PDF, Epub and Kindle
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.
Author | : James H. Hutson |
Publisher | : Cambridge University Press |
Total Pages | : 221 |
Release | : 2007-11-12 |
Genre | : History |
ISBN | : 1139467905 |
Download Church and State in America Book in PDF, Epub and Kindle
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.
Author | : John Joseph McGrath |
Publisher | : Milwaukee : Bruce Publishing Company |
Total Pages | : 440 |
Release | : 1962 |
Genre | : Church and state |
ISBN | : |
Download Church and State in American Law Book in PDF, Epub and Kindle
Author | : Holly Fernandez Lynch |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2017-07-03 |
Genre | : Law |
ISBN | : 1107164885 |
Download Law, Religion, and Health in the United States Book in PDF, Epub and Kindle
This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.