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: Emma Long Publisher: Bloomsbury Publishing ISBN: 1441111441 Category : History Languages : en Pages : 290
Book Description
The Establishment Clause of the First Amendment governs the relationship between the institutions of the church and those of the state; the Supreme Court, as arbiter of the Constitution, has, since 1947, sought to determine where the line between the two should be drawn. This book shows how and why the Court drew the line in particular cases and how and why the lines that were drawn by the Court had an impact on the relationship between institutions of government and the Church, shaping US politics and society. Using the Supreme Court's cases as a framework, the book shows how the constitutional underpinnings of church-state debates shaped the political, economic, and social debate on the issue, and explores broader debates about religion and American society. This book maintains that the Court cases cannot be understood separately from the context from which they arose and that legal factors are only part of a broader picture for a historical understanding of the Court and Establishment Clause cases.
Author: Erwin Chemerinsky Publisher: Oxford University Press, USA ISBN: 0190699736 Category : Law Languages : en Pages : 241
Book Description
"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"--
Author: Leonard Williams Levy Publisher: Simon & Schuster Books For Young Readers ISBN: Category : History Languages : en Pages : 264
Book Description
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: R. J. Rushdoony Publisher: Chalcedon Foundation ISBN: 9996717755 Category : Religion Languages : en Pages :
Book Description
By virtue of being King of kings and Lord of lords, Christ's reign over man and government is universal and total. "He removeth kings, and setteth up kings" (Dan. 2:21) and "increaseth the nations, and destroyeth them" (Job 12:23) because the government is on His shoulders: He is the governor among the nations (Isa. 9:7, Ps. 22:28). The need today is for the church to press the crown-rights of Christ the King, confident that His government over all will increase without end: "the zeal of the Lord of Hosts will perform this." This powerful volume sets forth a Biblical theology of the state, tracing in detail the history and consequences of both statist domination and Christian dereliction of duty. By firmly establishing the Biblical alternative to modern Christianity's polytheism, the author alerts us to the pitfalls of the past, and provides Godly counsel for both the present and future. The crystallization of decades of research, Christianity and the State is a landmark volume of 20th century Christendom.
Author: Paul D. L. Avis Publisher: Society for Promoting Christian Knowledge ISBN: Category : Political Science Languages : en Pages : 116
Book Description
This is a wide-ranging text, which attempts to cover major issues facing the Church of England in both theological and practical ways. It is particularly concerned with the establishment of the Church of England and its relationship with mission. The questions it covers include: what is the spirituality of people who seldom come to Church?; what sort of bishops, clergy and lay ministers do we need for the mission of the Church?; what does it mean to be a national Church?; and is the established status of the Church of England a help or a hindrance to its mission in the world?
Author: Robert T. Handy Publisher: Princeton University Press ISBN: 1400862361 Category : Political Science Languages : en Pages : 217
Book Description
In the middle of the nineteenth century, a stable relationship between American religious organizations and the state was taken for granted. Concord prevailed between the Christian (and largely Protestant) "establishment" on one side and governmental bodies on the other. Here a preeminent scholar of American religious history shows what happened when that settled relationship was tested and challenged. The decades from 1880 to 1920 were marked by an unprecedented influx of immigrants (many of whom were Catholics and Jews), increasing conflicts between public and private school systems, excitement over imperialism, the growth of progressivism in politics, the rise of the social gospel, and the impact of World War I. Providing an overview of how these developments affected church-state relationships, Robert Handy's work is fascinating as a view of this period and as a clue to the tensions in American church-state relations today. Handy shows that the movement from a Protestant America to an explicit pluralism was well under way during these years, even though this change was not clearly recognized at the time it was occurring. Both governmental and religious institutions were transformed, and the difficult process of sorting out ways to relate them has been going on ever since. This book will be an invaluable aid in that task, for students of church-state relations and for a broader readership concerned with American culture in general. Originally published in 1991. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Glasgow Association for Promoting the Interests of the Church of Scotland Publisher: ISBN: Category : Church and state Languages : en Pages : 188
Author: Philip HAMBURGER
Author: Established Church Society (LONDON)
Author: Emma Long
Author: Erwin Chemerinsky
Author: Leonard Williams Levy
Author: R. J. Rushdoony
Author: Paul D. L. Avis
Author: 
Author: Robert T. Handy
Author: Glasgow Association for Promoting the Interests of the Church of Scotland