Separation of Church and State

Separation of Church and State
Title Separation of Church and State PDF eBook
Author Philip HAMBURGER
Publisher Harvard University Press
Total Pages 529
Release 2009-06-30
Genre Law
ISBN 0674038185

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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.

Separating Church and State

Separating Church and State
Title Separating Church and State PDF eBook
Author Steven K. Green
Publisher Cornell University Press
Total Pages 330
Release 2022-03-15
Genre Religion
ISBN 1501762087

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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.

Between Church and State

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

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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.

Religion and Politics in America [2 volumes]

Religion and Politics in America [2 volumes]
Title Religion and Politics in America [2 volumes] PDF eBook
Author Frank J. Smith
Publisher Bloomsbury Publishing USA
Total Pages 997
Release 2016-07-11
Genre Religion
ISBN

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There has always been an intricate relationship between religion and politics. This encyclopedia provides a comprehensive overview of the interrelation of religion and politics from colonial days to the present. Can a judge display the Ten Commandments outside of the courthouse? Can a town set up a nativity scene on the village green during Christmas? Should U.S. currency bear the "In God We Trust" motto? Should public school students be allowed to form bible study groups? Controversies about the separation of church and state, the proper use of religious imagery in public space, and the role of religious beliefs in public education are constantly debated. This work offers insights into contemporary controversies regarding the uneasy intersections of religion and politics in America. Organized alphabetically, the entries place each topic in its proper historical context to help readers fully grasp how religious beliefs have always existed side by side—and often clashed with—political ideals in the United States from the time of the colonies. The information is presented in an unbiased manner that favors no particular religious background or political inclination. This work shows that politics and religion have always had an impact on one another and have done so in many ways that will likely surprise modern students.

The Religion Clauses

The Religion Clauses
Title The Religion Clauses PDF eBook
Author Erwin Chemerinsky
Publisher Oxford University Press, USA
Total Pages 241
Release 2020
Genre Law
ISBN 0190699736

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"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--

Religion and State

Religion and State
Title Religion and State PDF eBook
Author L. Carl. Brown
Publisher Columbia University Press
Total Pages 265
Release 2001-08-20
Genre History
ISBN 0231529376

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If Westerners know a single Islamic term, it is likely to be jihad, the Arabic word for "holy war." The image of Islam as an inherently aggressive and xenophobic religion has long prevailed in the West and can at times appear to be substantiated by current events. L. Carl Brown challenges this conventional wisdom with a fascinating historical overview of the relationship between religious and political life in the Muslim world ranging from Islam's early centuries to the present day. Religion and State examines the commonplace notion—held by both radical Muslim ideologues and various Western observers alike—that in Islam there is no separation between religion and politics. By placing this assertion in a broad historical context, the book reveals both the continuities between premodern and modern Islamic political thought as well as the distinctive dimensions of modern Muslim experiences. Brown shows that both the modern-day fundamentalists and their critics have it wrong when they posit an eternally militant, unchanging Islam outside of history. "They are conflating theology and history. They are confusing the oughtand the is," he writes. As the historical record shows, mainstream Muslim political thought in premodern times tended toward political quietism. Brown maintains that we can better understand present-day politics among Muslims by accepting the reality of their historical diversity while at the same time seeking to identify what may be distinctive in Muslim thought and action. In order to illuminate the distinguishing characteristics of Islam in relation to politics, Brown compares this religion with its two Semitic sisters, Judaism and Christianity, drawing striking comparisons between Islam today and Christianity during the Reformation. With a wealth of evidence, he recreates a tradition of Islamic diversity every bit as rich as that of Judaism and Christianity.

The Oxford Handbook of Church and State in the United States

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

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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.