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| Author | : Peter W. Heck |
| Publisher | : |
| Total Pages | : 84 |
| Release | : 2007 |
| Genre | : Church and state |
| ISBN | : |
| Author | : Philip HAMBURGER |
| Publisher | : Harvard University Press |
| Total Pages | : 529 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 0674038185 |
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 | : Donald L. Drakeman |
| Publisher | : Cambridge University Press |
| Total Pages | : 383 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 0521119189 |
This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.
| Author | : Adelbert L. Wilber Jr. |
| Publisher | : WestBow Press |
| Total Pages | : 159 |
| Release | : 2018-02-28 |
| Genre | : Religion |
| ISBN | : 1973617978 |
Church and State examines the wall of separation Thomas Jefferson spoke of in his letter to the Danbury Baptist Association in 1802 to answer a letter from them written in October 1801. The Danbury Baptists were a religious minority in Connecticut, and they complained that in their state, the religious liberties they enjoyed were not seen as immutable rights, but as privileges granted by the legislatureas favors granted. Jeffersons reply did not address their concerns about problems with state establishment of religiononly of establishment on the national level. The letter contains the phrase wall of separation between church and state, which led to the shorthand for the Establishment Clause that we use today: separation of church and state. The Jeffersonian view has been contentious, to say the least; a great many scholars and politicians have tried to comprehend Jeffersons true meaning, extending his viewpoint in later judicial and legislative decisions. Strong feelings expressed by clergy, statesmen, and politicians have created a strong theistic undertow in Constitutional Law that has seen attacks on Christianity and Judaism increase since the Clinton Administration and culminating into a cacophony of anti-theistic rhetoric under the Obama Administration. With the election of President Trump, we must look back to see the original intent of our founding fathers, take a snapshot of the current state of separation, and peer into the future to see if the balance between politics and religion can be sustained.
| Author | : Leonard Williams Levy |
| Publisher | : Simon & Schuster Books For Young Readers |
| Total Pages | : 264 |
| Release | : 1986 |
| Genre | : History |
| ISBN | : |
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists, ' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church.For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
| Author | : T. Jeremy Gunn |
| Publisher | : Taylor & Francis |
| Total Pages | : 217 |
| Release | : 2023-12-31 |
| Genre | : History |
| ISBN | : 1135529973 |
The relationship between religion and government in the United States ultimately is governed by the Establishment Clause of the Constitution. Since the early 1970s, however, conservative scholars and jurists have been increasingly influential in arguing that the "wall of separation" metaphor is inappropriate for explaining the relationship between religion and government. They have suggested that the framers of the Constitution supported governmental accommodation and encouragement of religion through means that included sponsoring prayers in public fora, promoting public displays of religious symbols, and financing religious institutions. This book argues that this increasingly influential "Accommodationist" interpretation of the Establishment Clause of the Constitution is ill-founded. The historical arguments upon which the Accommodationists rely do not support the interpretation they offer. This argument does not challenge the Accommodationist belief in the importance of "founders’ intent" adjudication. This book shows, instead, that the founders did not assume that the Establishment Clause had any specific meaning.
| Author | : Nathan S. Chapman |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2023-06-02 |
| Genre | : Law |
| ISBN | : 0197676464 |
In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America. The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.
| Author | : Jason Porterfield |
| Publisher | : The Rosen Publishing Group, Inc |
| Total Pages | : 114 |
| Release | : 2014-07-15 |
| Genre | : Juvenile Nonfiction |
| ISBN | : 1477775080 |
Having disassociated themselves from an oppressive government with a strong central religion, the Founding Fathers of the United States acknowledged the freedom to practice one's religion when writing the nation's constitution. Subsequent constitutional amendments further drew a line between the ecumenical and the secular. Detailed descriptions of Supreme Court cases on the topic offer readers a clearer understanding of the original intent behind separating church and state, as well as how interpretations of such matters have impacted U.S. legislation.
| Author | : John Wilson |
| Publisher | : Routledge |
| Total Pages | : 480 |
| Release | : 2019-10-31 |
| Genre | : History |
| ISBN | : 0429663684 |
Church and State in American History illuminates the complex relationships among the political and religious authority structures of American society, and illustrates why church-state issues have remained controversial since our nation’s founding. It has been in classroom use for over 50 years. John Wilson and Donald Drakeman explore the notion of America as “One Nation Under God” by examining the ongoing debate over the relationship of church and state in the United States. Prayers and religious symbols in schools and other public spaces, school vouchers and tax support for faith-based social initiatives continue to be controversial, as are arguments among advocates of pro-choice and pro-life positions. The updated 4th edition includes selections from colonial charters, Supreme Court decisions, and federal legislation, along with contemporary commentary and incisive interpretations by modern scholars. Figures as divergent as John Winthrop, Anne Hutchinson, James Madison, John F. Kennedy, and Sandra Day O’Connor speak from these pages, as do Robert Bellah, Clarence Thomas, and Ruth Bader Ginsberg. The continuing public and scholarly interest in this field, as well as a significant evolution in the Supreme Court’s church-state jurisprudence, renders this timely re-edition as essential reading for students of law, American History, Religion, and Politics.
| Author | : Daniel O. Conkle |
| Publisher | : |
| Total Pages | : 260 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
Constitutional Law: The Religion Clauses provides an analytical framework for understanding and evaluating the Supreme Court's constitutional doctrine. Topics include: History, underlying values, and evolving meaning of religion clauses Doctrinal fundamentals Free Exercise doctrine Establishment Clause doctrine, including cases concerning public schools, religious symbolism, and government funding Recent developments and trends in the Supreme Court Religious voluntarism, identity, equality, and inclusion The protection of government from improper religious involvement and vice versa; the protection of the autonomy of religious institutions The preservation of traditional governmental practices
