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Author: Philip HAMBURGER Publisher: Harvard University Press ISBN: 0674038185 Category : Law Languages : en Pages : 529
Book Description
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 ISBN: 0674038185 Category : Law Languages : en Pages : 529
Book Description
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: Leo Pfeffer Publisher: Wipf and Stock Publishers ISBN: 1532644523 Category : History Languages : en Pages : 848
Book Description
“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)
Author: John F Wilson Publisher: Routledge ISBN: 0429981295 Category : History Languages : en Pages : 490
Book Description
Provides the key source materialshistorical and legalfor understanding the relationship of church and state.. The controversies surrounding aid to parochial schools, blue laws, school prayer, and birth control programs have been central to the ongoing search for the proper boundary between religious and political authority in America. This concise volume features chronologically organized selections from such official documents as colonial charters, court opinions, and legislation, along with incisive twentieth-century interpretations of the issues they treat. Historical figures as diverse as John F. Kennedy, Perry Miller, Reinhold Niebhur, and Paul Blanshard, together with contemporary ones illuminate the interrelationships between the legal, political, and religious structures of American society. We encounter controversies every day that concern school vouchers, prayer in schools and stadiums, religious symbols in public spaces, and tax support for faith-based social initiatives as well as arguments among advocates of "pro-choice" and "pro-life" positions. These and other issues are at the center of an ongoing search for a means to delineate the interactions among religious and political authorities-- initially in the United States but increasingly in the rest of the world as well. This concise volume presents chronologically-organized chapters that include selections from documents like colonial charters, opinions of the Supreme Court and salient legislation, along with contemporary commentary, and incisive interpretations of the issues by modern scholars. Figures as divergent as John Winthrop, John F. Kennedy, and Sandra Day OConnor speak from these pages as directly as Paul Blanshard, Reinhold Niebuhr, John Courtney Murray, and Robert Bellah. Church and State in American History addresses the difficult relationships among the political and religious structures of our society and the emergence of an American solution to the church-state problem.
Author: John Wilson Publisher: Routledge ISBN: 0429663684 Category : History Languages : en Pages : 480
Book Description
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: Erin L. McCoy Publisher: Cavendish Square Publishing, LLC ISBN: 1502643197 Category : Young Adult Nonfiction Languages : en Pages : 146
Book Description
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.
Author: Kent Greenawalt Publisher: Harvard University Press ISBN: 0674978005 Category : Law Languages : en Pages : 304
Book Description
“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?
Author: Daniel Dreisbach Publisher: NYU Press ISBN: 0814719368 Category : History Languages : en Pages : 295
Book Description
No phrase in American letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson's "wall of separation between church and state," and few metaphors have provoked more passionate debate.
Author: J. Brian Benestad Publisher: Catholic University of America Press + ORM ISBN: 081321923X Category : Religion Languages : en Pages : 784
Book Description
How can the Catholic faith help not only Catholics, but all people, build a just and flourishing society? The Catholic Church contributes first and foremost to the common good by forming the consciences of the faithful. Faith helps reason achieve an understanding of the common good and guides individuals in living justly and harmoniously. In this book, J. Brian Benestad provides a detailed, accessible introduction to Catholic social doctrine (CSD), the Church’s teachings on the human person, the family, society, political life, charity, justice, and social justice. Church, State, and Society explains the nuanced understanding of human dignity and the common good found in the Catholic intellectual tradition. It makes the case that liberal-arts education is an essential part of the common good because it helps people understand their dignity and all that justice requires. The author shows the influence of ancient and modern political philosophy and examines St. Augustine, St. Thomas Aquinas, papal social encyclicals, Vatican Council II, and postconciliar magisterial teaching. Benestad highlights the teachings of popes John Paul II and Benedict XVI that the attainment of the common good depends on the practice of the virtues by citizens and leaders alike. In addition to discussing the tension between CSD and liberal democracy, the book takes an in-depth look at: –Key themes of social life: the dignity of the human person, human rights, natural law, and the common good –Three principal mediating institutions of civil society: family, Church, and Catholic university –The economy, work, poverty, immigration, and the environment –The international community and just war principles “Excellent . . . The best treatment of Catholic Social Doctrine as a whole and a precious reminder of the intrinsically problematic character of modern democracy.” —Perspectives on Political Science
Author: Philip HAMBURGER
Author: Philip HAMBURGER
Author: Leo Pfeffer
Author: Mark De Wolfe Howe
Author: John F Wilson
Author: John Wilson
Author: John F Wilson
Author: Erin L. McCoy
Author: Kent Greenawalt
Author: Daniel Dreisbach
Author: J. Brian Benestad