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 | : James H. Hutson |
Publisher | : Cambridge University Press |
Total Pages | : 221 |
Release | : 2007-11-12 |
Genre | : History |
ISBN | : 1139467905 |
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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 | : |
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Author | : Forrest Church |
Publisher | : Beacon Press |
Total Pages | : 177 |
Release | : 2011-05-03 |
Genre | : Religion |
ISBN | : 080707747X |
Download The Separation of Church and State Book in PDF, Epub and Kindle
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.
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.
Author | : Kent Greenawalt |
Publisher | : Harvard University Press |
Total Pages | : 304 |
Release | : 2017-06-19 |
Genre | : Law |
ISBN | : 0674978005 |
Download When Free Exercise and Nonestablishment Conflict Book in PDF, Epub and Kindle
“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?