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

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 Oxford Handbook of Church and State in the United States

The Oxford Handbook of Church and State in the United States
Author: Derek Davis
Publisher: OUP USA
Total Pages: 592
Release: 2010-11-18
Genre: Language Arts & Disciplines
ISBN: 0195326245

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.

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

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.

Church, State, and Family

Church, State, and Family
Author: John Witte (Jr.)
Publisher: Cambridge University Press
Total Pages: 457
Release: 2019-04-11
Genre: Law
ISBN: 1107184754

Presents a robust defence of the essential place of stable marital families in modern liberal societies.

Finding Faith in Foreign Policy

Finding Faith in Foreign Policy
Author: Gregorio Bettiza
Publisher: Oxford University Press
Total Pages: 337
Release: 2019-06-04
Genre: Political Science
ISBN: 0190949481

Since the end of the Cold War, religion has become an ever more explicit and systematic focus of US foreign policy across multiple domains. US foreign policymakers, for instance, have been increasingly tasked with monitoring religious freedom and promoting it globally, delivering humanitarian and development aid abroad by drawing on faith-based organizations, fighting global terrorism by seeking to reform Muslim societies and Islamic theologies, and advancing American interests and values more broadly worldwide by engaging with religious actors and dynamics. Simply put, religion has become a major subject and object of American foreign policy in ways that were unimaginable just a few decades ago. In Finding Faith in Foreign Policy, Gregorio Bettiza explains the causes and consequences of this shift by developing an original theoretical framework and drawing upon extensive empirical research and interviews. He argues that American foreign policy and religious forces have become ever more inextricably entangled in an age witnessing a global resurgence of religion and the emergence of a postsecular world society. He further shows how the boundaries between faith and state have been redefined through processes of desecularization in the context of American foreign policy, leading the most powerful state in the international system to intervene and reshape in increasingly sustained ways sacred and secular landscapes around the globe. Drawing from a rich evidentiary base spanning twenty-five years, Finding Faith in Foreign Policy details how a wave of religious enthusiasm has transformed not just American foreign policy, but the entire international system.

Church State Corporation

Church State Corporation
Author: Winnifred Fallers Sullivan
Publisher: University of Chicago Press
Total Pages: 223
Release: 2020-07-15
Genre: Religion
ISBN: 022645469X

Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.

Church and State in America

Church and State in America
Author: James H. Hutson
Publisher: Cambridge University Press
Total Pages: 221
Release: 2007-11-12
Genre: History
ISBN: 1139467905

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.

Between Church and State

Between Church and State
Author: James W. Fraser
Publisher: Palgrave Macmillan
Total Pages: 296
Release: 2000-09-02
Genre: Education
ISBN: 9780312233396

Today, the ongoing battle between religion and public education is once again a burning issue in the United States. Prayer in the classroom, the teaching of creationism, the representation of sexuality in the classroom, and the teaching of morals are just a few of the subjects over which these institutions are skirmishing. James Fraser shows that though these battles have been going on for as long as there have been public schools, there has never been any consensus about the proper relationship between religion and public education. Looking at the most difficult question of how private issues of faith can be reconciled with the very public nature of schooling, Fraser paints a picture of our multicultural society that takes our relationship with God into account.

Church, State and Public Justice

Church, State and Public Justice
Author: P. C. Kemeny
Publisher: InterVarsity Press
Total Pages:
Release: 2009-09-20
Genre: Religion
ISBN: 0830874747

Abortion. Physician-assisted suicide. Same-sex marriages. Embryonic stem-cell research. Poverty. Crime. What is a faithful Christian response? The God of the Bible is unquestionably a God of justice. Yet Christians have had their differences as to how human government and the church should bring about a just social order. Although Christians share many deep and significant theological convictions, differences that threaten to divide them have often surrounded the matter of how the church collectively and Christians individually ought to engage the public square. What is the mission of the church? What is the purpose of human government? How ought they to be related to each other? How should social injustice be redressed? The five noted contributors to this volume answer these questions from within their distinctive Christian theological traditions, as well as responding to the other four positions. Through the presentations and ensuing dialogue we come to see more clearly what the differences are, where their positions overlap and why they diverge. The contributors and the positions taken include Clarke E. Cochran: A Catholic Perspective Derek H. Davis: A Classical Separation Perspective Ronald J. Sider: An Anabaptist Perspective Corwin F. Smidt: A Principled Pluralist Perspective J. Philip Wogaman: A Social Justice Perspective This book will be instructive for anyone seeking to grasp the major Christian alternatives and desiring to pursue a faithful corporate and individual response to the social issues that face us.