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| philip hamburger separation of church and state: Separation of Church and State Philip Hamburger, 2009-07-01 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. |
| philip hamburger separation of church and state: Separation of Church and State Philip HAMBURGER, 2009-06-30 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. |
| philip hamburger separation of church and state: Separation of Church and State Philip Hamburger, 2002-06-30 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. |
| philip hamburger separation of church and state: Law and Judicial Duty Philip HAMBURGER, 2009-06-30 Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called judicial review. The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary. |
| philip hamburger separation of church and state: Is Administrative Law Unlawful? Philip Hamburger, 2014-05-27 “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism. |
| philip hamburger separation of church and state: The Tragedy of Religious Freedom Marc O. DeGirolami, 2013-06-10 When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective. |
| philip hamburger separation of church and state: The Administrative Threat Philip Hamburger, 2017-05-02 Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era. |
| philip hamburger separation of church and state: Thomas Jefferson and the Wall of Separation Between Church and State Daniel Dreisbach, 2003-10 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. |
| philip hamburger separation of church and state: The Separation of Church and State Forrest Church, 2011-05-03 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. |
| philip hamburger separation of church and state: How to Be Secular Jacques Berlinerblau, 2012 Argues that a return to a more secular America will promote religious diversity and freedom, and help eliminate the widening divide between religious conservatives and staunch atheists. |
| philip hamburger separation of church and state: The Impossibility of Religious Freedom Winnifred Fallers Sullivan, 2018-04-24 The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society. |
| philip hamburger separation of church and state: Christianity and Human Rights John Witte, Jr, Frank S. Alexander, 2010-12-23 Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times. |
| philip hamburger separation of church and state: Be the People Carol Swain, 2011-06-13 Forces are rapidly reshaping America's morals, social policies, and culture—but how do we stop it? Learn how to make your voice heard and reclaim America’s faith and values by reshaping our country’s current trajectory. Cultural elites in the media, academia, and politics are daily deceiving millions of Americans into passively supporting policies that are harmful to the nation and their own best interest. Although some Americans can see through the smokescreen, they feel powerless to stop the forces inside and outside government that radically threaten their values and principles. Drawing on her training in political science and law, Dr. Swain thoughtfully examines the religious significance of the founding of our nation and the deceptions that have crept into our daily lives and now threaten traditional families, unborn children, and members of various racial and ethnic groups—as well as national sovereignty itself. Dr. Swain provides encouraging action items for the people of our country to make the political system more responsive. The book is divided into two sections: forsaking what we once knew and re-embracing truth and justice in policy choices. Be the People covers key topics including: The damage caused political correctness and its censoring of traditional Christian expression of thought America's shift to moral relativism and its religious roots Erosion of rule of law, national security, and immigration Abortion's fragile facade and the true toll it takes Racial and ethnic challenges How we can reclaim the future In Be the People, Carol takes a candid look at the problems our country faces but that we’re often uncomfortable speaking honestly about, providing hope and actionable solutions to change the direction of America while we still can. “Be the People is a courageous analysis of today’s most pressing issues, exposing the deceptions by the cultural elite and urging ‘We the People’ to restore America’s faith and values.” —Sean Hannity |
| philip hamburger separation of church and state: The Religion Clauses Howard Gillman, Erwin Chemerinsky, 2020 In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services. |
| philip hamburger separation of church and state: Speaking of Faith Krista Tippett, 2008-01-29 A thought-provoking, original appraisal of the meaning of religion by the host of public radio's On Being Krista Tippett, widely becoming known as the Bill Moyers of radio, is one of the country's most intelligent and insightful commentators on religion, ethics, and the human spirit. With this book, she draws on her own life story and her intimate conversations with both ordinary and famous figures, including Elie Wiesel, Karen Armstrong, and Thich Nhat Hanh, to explore complex subjects like science, love, virtue, and violence within the context of spirituality and everyday life. Her way of speaking about the mysteries of life-and of listening with care to those who endeavor to understand those mysteries--is nothing short of revolutionary. |
| philip hamburger separation of church and state: The Hollow Core of Constitutional Theory Donald L. Drakeman, 2021-04-08 The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years. |
| philip hamburger separation of church and state: The Culture of Disbelief Stephen L. Carter, 1994-09-01 The Culture Of Disbelief has been the subject of an enormous amount of media attention from the first moment it was published. Hugely successful in hardcover, the Anchor paperback is sure to find a large audience as the ever-increasing, enduring debate about the relationship of church and state in America continues. In The Culture Of Disbelief, Stephen Carter explains how we can preserve the vital separation of church and state while embracing rather than trivializing the faith of millions of citizens or treating religious believers with disdain. What makes Carter's work so intriguing is that he uses liberal means to arrive at what are often considered conservative ends. Explaining how preserving a special role for religious communities can strengthen our democracy, The Culture Of Disbelief recovers the long tradition of liberal religious witness (for example, the antislavery, antisegregation, and Vietnam-era antiwar movements). Carter argues that the problem with the 1992 Republican convention was not the fact of open religious advocacy, but the political positions being advocated. |
| philip hamburger separation of church and state: The Naked Public Square Richard John Neuhaus, 1986 Underlying the many crises in American life, writes Richard John Neuhaus, is a crisis of faith. It is not enough that more people should believe or that those who believe should believe more strongly. Rather, the faith of persons and communities must be more compellingly related to the public arena. The naked public square--which results from the exclusion of popular values from the public forum--will almost certainly result in the death of democracy. The great challenge, says Neuhaus, is the reconstruction of a public philosophy that can undergird American life and America's ambiguous place in the world. To be truly democratic and to endure, such a public philosophy must be grounded in values that are based on Judeo-Christian religion. The remedy begins with recognizing that democratic theory and practice, which have in the past often been indifferent or hostile to religion, must now be legitimated in terms compatible with biblical faith. Neuhaus explores the strengths and weaknesses of various sectors of American religion in pursuing this task of critical legitimation. Arguing that America is now engaged in an historic moment of testing, he draws upon Protestant, Catholic, and Jewish thinkers who have in other moments of testing seen that the stakes are very high--for America, for the promise of democratic freedom elsewhere, and possibly for God's purpose in the world. An honest analysis of the situation, says Neuhaus, shatters false polarizations between left and right, liberal and conservative. In a democratic culture, the believer's respect for nonbelievers is not a compromise but a requirement of the believer's faith. Similarly, the democratic rights of those outside the communities of religious faith can be assured only by the inclusion of religiously-grounded values in the common life. The Naked Public Square does not offer yet another partisan program for political of social change. Rather, it offers a deeply disturbing, but finally hopeful, examination of Abraham Lincoln's century-old question--whether this nation or any nation so conceived and so dedicated can long endure. |
| philip hamburger separation of church and state: First Amendment Institutions Paul Horwitz, 2013-01-07 Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment. |
| philip hamburger separation of church and state: The First Amendment and State Bans on Teachers' Religious Garb Nathan C. Walker, 2019-08-28 Examining the twelve-decade legal conflict of government bans on religious garb worn by teachers in U.S. public schools, this book provides comprehensive documentation and analysis of the historical origins and subsequent development of teachers’ religious garb in relation to contemporary legal challenges within the United Nations and the European Union. By identifying and correcting factual errors in the literature about historical bans on teachers’ garb, Walker demonstrates that there are still substantial and unresolved legal questions to the constitutionality of state garb statutes and reflects on how the contemporary conflicts are historically rooted. Showcased through a wealth of laws and case studies, this book is divided into eight clear and concise chapters and answers questions such as: what are anti-religious-garb laws?; how have the state and federal court decisions evolved?; what are the constitutional standards?; what are the establishment clause and free exercise clause arguments?; and how has this impacted current debates on teachers’ religious garb?, before concluding with an informative summary of the points discussed throughout. The First Amendment and State Bans on Teachers’ Religious Garb is the ideal resource for researchers, academics, and postgraduate students in the fields of education, religion, education policy, sociology of education, and law, or those looking to explore an in-depth development of the laws and debates surrounding teachers’ religious garb within the last 125 years. |
| philip hamburger separation of church and state: Pagans and Christians in the City Steven D. Smith, 2018-11-15 Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges. Picking up poet T. S. Eliot’s World War II–era thesis that the future of the West would be determined by a contest between Christianity and “modern paganism,” Smith argues in this book that today’s culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith’s Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today’s most controversial issues. |
| philip hamburger separation of church and state: Disestablishment and Religious Dissent Carl H. Esbeck, Jonathan J. Den Hartog, 2019-11-15 On May 10, 1776, the Second Continental Congress sitting in Philadelphia adopted a Resolution which set in motion a round of constitution making in the colonies, several of which soon declared themselves sovereign states and severed all remaining ties to the British Crown. In forming these written constitutions, the delegates to the state conventions were forced to address the issue of church-state relations. Each colony had unique and differing traditions of church-state relations rooted in the colony’s peoples, their country of origin, and religion. This definitive volume, comprising twenty-one original essays by eminent historians and political scientists, is a comprehensive state-by-state account of disestablishment in the original thirteen states, as well as a look at similar events in the soon-to-be-admitted states of Vermont, Tennessee, and Kentucky. Also considered are disestablishment in Ohio (the first state admitted from the Northwest Territory), Louisiana and Missouri (the first states admitted from the Louisiana Purchase), and Florida (wrestled from Spain under U.S. pressure). The volume makes a unique scholarly contribution by recounting in detail the process of disestablishment in each of the colonies, as well as religion’s constitutional and legal place in the new states of the federal republic. |
| philip hamburger separation of church and state: The Once and Future King F. H. Buckley, 2015-06-23 This remarkable book shatters just about every myth surrounding American government, the Constitution, and the Founding Fathers, and offers the clearest warning about the alarming rise of one-man rule in the age of Obama. Most Americans believe that this country uniquely protects liberty, that it does so because of its Constitution, and that for this our thanks must go to the Founders, at their Convention in Philadelphia in 1787. F. H. Buckley’s book debunks all these myths. America isn’t the freest country around, according to the think tanks that study these things. And it’s not the Constitution that made it free, since parliamentary regimes are generally freer than presidential ones. Finally, what we think of as the Constitution, with its separation of powers, was not what the Founders had in mind. What they expected was a country in which Congress would dominate the government, and in which the president would play a much smaller role. Sadly, that’s not the government we have today. What we have instead is what Buckley calls Crown government: the rule of an all-powerful president. The country began in a revolt against one king, and today we see the dawn of a new kind of monarchy. What we have is what Founder George Mason called an “elective monarchy,” which he thought would be worse than the real thing. Much of this is irreversible. Constitutional amendments to redress the balance of power are extremely unlikely, and most Americans seem to have accepted, and even welcomed, Crown government. The way back lies through Congress, and Buckley suggests feasible reforms that it might adopt, to regain the authority and respect it has squandered. |
| philip hamburger separation of church and state: The Old Religion in a New World Mark A. Noll, 2002 A foremost historian of religion chronicles the arrival of Christianity in the New World, tracing the turning points in the development of the immigrant church which have led to today's distinctly American faith. |
| philip hamburger separation of church and state: Separation of Church and State Philip Hamburger, 2002 |
| philip hamburger separation of church and state: Religion in Public Life Roger Trigg, 2007-03-16 How far can religion play a part in the public sphere, or should it be only a private matter? Roger Trigg examines this question in the context of today's pluralist societies, where many different beliefs clamour for attention. Should we celebrate diversity, or are matters of truth at stake? In particular, can we maintain our love of freedom, while cutting it off from religious roots? In societies in which there are many conflicting beliefs, the place of religion is a growing political issue. Should all religions be equally welcomed in the public square? Favouring one religion over others may appear to be a failure to treat all citizens equally, yet for citizens in many countries their Christian heritage is woven into their way of life. Whether it is the issue of same-sex marriages, the right of French schoolgirls to wear Islamic headscarves, or just the public display of Christmas trees, all societies have to work out a consistent approach to the public influence of religion. |
| philip hamburger separation of church and state: Scandalous Witness Lee C. Camp, 2020-03-10 Christian identity is in moral and political crisis, scandalized by the many ways in which it has been coopted and misrepresented. Addressing this painful reality, Lee Camp writes that Christianity in America has been made into a bad public joke because of “our failure to rightly understand what Christianity is.” From this provocative claim, Camp’s manifesto makes the convincing case that a renewed Christian politic is more essential than ever, one that is “neither left nor right nor religious,” but a prophetic way of life modeled after Jesus of Nazareth. Camp’s robust vision exposes modern parodies of faith—the American concept of “Christian values,” for one—and challenges Christians to rethink who they are and how they participate in the modern world. Authentic gospel truth is a scandal to the American myth, he argues, and we are called to be scandalous witnesses. |
| philip hamburger separation of church and state: Rehearsing Scripture Anna Carter Florence , 2018-07-31 Popular preacher Anna Carter Florence explores how to read, encounter and interpret Scripture as it was originally intended - by doing so collectively with others. Drawing on practices from drama and the theatre, she shows how to bring familiar texts to life, uncovering meaning and better apprehending biblical truth for daily life. Her methods are illuminating, easy to grasp, and easily adaptable to a variety of contexts - ideal for study group leaders and pastors seeking to bring the Bible and the real lives of congregations into conversation. Full of helps for preachers especially, Rehearsing Scripture invites groups and churches to gather around a shared text and encounter God anew together. |
| philip hamburger separation of church and state: Declaration on Religious Freedom on the Right of the Person and of Communities to Social and Civil Freedom in Matters Religious , 1965 |
| philip hamburger separation of church and state: Religion, Race, and Reconstruction Ward M. McAfee, 1998-07-10 Religion, Race, and Reconstruction simultaneously resurrects a lost dimension of a most important segment of American history and illuminates America's present and future by showing the role religious issues played in Reconstruction during the 1870s. |
| philip hamburger separation of church and state: The Founders on God and Government Daniel L. Dreisbach, Mark D. Hall, Jeffry H. Morrison, 2004-10-08 'In God We Trust?' The separation of church and state is a widely contested topic in the American political arena. Whether for or against, debaters frequently base their arguments in the Constitution and the principles of the American founding. However, Americans' perception of the founding has narrowed greatly over the years, focusing on a handful of eminent statesmen. By exploring the work of nine founding fathers, including often overlooked figures like John Carroll and George Mason, The Founders on God and Government provides a more complete picture of America's origins. The contributors, all noted scholars, examine the lives of individual founders and investigate the relationship between their religious beliefs and political thought. Bringing together original documents and analytical essays, this book is an excellent addition to the library of literature on the founding, and sheds new light on religion's contributions to American civic culture. |
| philip hamburger separation of church and state: Politics for Christians Francis J. Beckwith, 2012-05-20 Politics is concerned with citizenship and the administration of justice--how communities are formed and governed. The role of Christians in the political process is hotly contested, but as citizens, Francis Beckwith argues, Christians have a rich heritage of sophisticated thought, as well as a genuine responsibility, to contribute to the shaping of public policy. In particular, Beckwith addresses the contention that Christians, or indeed religious citizens of any faith, should set aside their beliefs before they enter the public square. What role should religious citizens take in a liberal democracy? What is the proper separation of church and state? What place should be made for natural rights and the moral law within a secular state? This cogent introduction to political thought surveys political science, politics and government while making the case for how statecraft may genuinely contribute to soulcraft. Politics for Christians is part of The Christian Worldview Integration Series. |
| philip hamburger separation of church and state: A Country I Do Not Recognize Robert H. Bork, 2013-09-01 During the past forty years, activists have repeatedly used the court system to accomplish substantive policy results that could not otherwise be obtained through the ordinary political processes of government, both in the United States and abroad. In five insightful essays, the contributors to this volume show how these legal decisions have undermined America's sovereignty and values. They reveal how international law challenges American beliefs and interests and exposes U.S. citizens to legal and economic risks, how the right to privacy poses a serious threat to constitutional self-government, how the Supreme Court's religion decisions have done serious damage to our religious freedom, and more. |
| philip hamburger separation of church and state: Religion and Politics in the Early Republic Daniel L. Dreisbach, 1996-02-22 The church-state debate currently alive in our courts and legislatures is strikingly similar to that of the 1830s. A secular drift in American culture and the role of religion in a pluralistic society were concerns that dominated the controversy then, as now. In Religion and Politics in the Early Republic, Daniel L. Dreisbach compellingly argues that the issues in our current debate were framed in earlier centuries by documents crucial to an understanding of church-state relations, the First Amendment, and our present concern with the constitutional role of religion in American public life. Reflection on this national discussion of more than 150 years ago casts light on both past and future relations between church and state in America. In an 1833 sermon, The Relation of Christianity to Civil Government in the United States, the Reverend Jasper Adams of Charleston, South Carolina, an eminent educator and moral philosopher, offered valuable insight into the social and political forces that shaped church-state relations in his time. Adams argued that the Christian religion is indis-pensable to social order and national prosperity. Although he opposed the establishment of a state church, he believed that a Christian ethic should inform all civil, legal, and political institutions. Adams's remarkably prescient discourse anticipated the emergence of a dominant secular culture and its inevitable conflict with the formerly ascendant religious establishment. His treatise was the first major work from the embattled religious traditionalists controverting Thomas Jefferson's vision of a secular polity and strict church-state separation. Eager to confirm his analysis, Adams sent copies of the sermon to scores of leading intellectuals and public figures of his day. In this volume, Dreisbach brings together for the first time Adams's sermon, a critical review of the treatise, and transcripts of previously unpublished letters written in response to it by James Madison, John Marshall, Joseph Story, and J.S. Richardson. These letters provide a rare glimpse into the minds of several influential statesmen and jurists who were central in shaping the republic and its institutions. The Story and Madison letters are among their authors1 final and most perceptive pronouncements on church-state relations. The documents that Dreisbach has assembled in this edition provide a vivid portrait of early nineteenth-century thought on the constitutional role of religion in public life. Our ongoing national discussion of this topic is illuminated by the debate encapsulated in these pages. |
| philip hamburger separation of church and state: Our Republican Constitution Randy E. Barnett, 2016-04-19 A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena. |
| philip hamburger separation of church and state: American Gospel Jon Meacham, 2007-03-20 NEW YORK TIMES BESTSELLER • Pulitzer Prize-winning author Jon Meacham reveals how the Founding Fathers viewed faith—and how they ultimately created a nation in which belief in God is a matter of choice. At a time when our country seems divided by extremism, American Gospel draws on the past to offer a new perspective. Meacham re-creates the fascinating history of a nation grappling with religion and politics–from John Winthrop’s “city on a hill” sermon to Thomas Jefferson’s Declaration of Independence; from the Revolution to the Civil War; from a proposed nineteenth-century Christian Amendment to the Constitution to Martin Luther King, Jr.’s call for civil rights; from George Washington to Ronald Reagan. Debates about religion and politics are often more divisive than illuminating. Secularists point to a “wall of separation between church and state,” while many conservatives act as though the Founding Fathers were apostles in knee britches. As Meacham shows in this brisk narrative, neither extreme has it right. At the heart of the American experiment lies the God of what Benjamin Franklin called “public religion,” a God who invests all human beings with inalienable rights while protecting private religion from government interference. It is a great American balancing act, and it has served us well. Meacham has written and spoken extensively about religion and politics, and he brings historical authority and a sense of hope to the issue. American Gospel makes it compellingly clear that the nation’s best chance of summoning what Lincoln called “the better angels of our nature” lies in recovering the spirit and sense of the Founding. In looking back, we may find the light to lead us forward. Praise for American Gospel “In his American Gospel, Jon Meacham provides a refreshingly clear, balanced, and wise historical portrait of religion and American politics at exactly the moment when such fairness and understanding are much needed. Anyone who doubts the relevance of history to our own time has only to read this exceptional book.”—David McCullough, author of 1776 “Jon Meacham has given us an insightful and eloquent account of the spiritual foundation of the early days of the American republic. It is especially instructive reading at a time when the nation is at once engaged in and deeply divided on the question of religion and its place in public life.”—Tom Brokaw, author of The Greatest Generation |
| philip hamburger separation of church and state: Between Church and State Bernard Guenée, 1991 For the past several decades, French historians have emphasized the writing of history in terms of structures, cultures, and mentalities, an approach exemplified by proponents of the Annales school. With this volume, Bernard Guenée, himself associated with the Annalistes, marks a decisive break with this dominant mode of French historiography. Still recognizing the Annalistes' indispensable contribution, Guenée turns to the genre of biography as a way to attend more closely to chance, to individual events and personalities, and to a sense of time as people actually experienced it, without sacrificing the conceptual rigor made possible by crisply stated problématiques. His engaging and detailed study links in sequence the lives of four French bishops who, because of their office, were intellectuals and politicians as well. These men rose in the hierarchy that was medieval society by dint of talent and ambition, not birth. What Guenée reveals is the career patterns and politics of an era that privileged youth yet granted certain advantages to those, such as Guenée's subjects, who survived to old age. He illustrates not only how these and other medieval men of the church were schooled but also how they learned from life, illuminating medieval and early modern history through their writings.--Jacket. |
| philip hamburger separation of church and state: Taking Religion Seriously Across the Curriculum Warren A. Nord, Charles C. Haynes, 1998 The authors chart a middle course in our war over religion and public education, one that builds on a developing national consensus among educational and religious leaders. While it is not proper for schools to practice religion or proselytize, neither is it permissible to make them religion-free zones. Schools do not take religion seriously, as the authors' review of textbooks and the new national content standards makes clear. In Part One, they outline the civic, constitutional, and educational frameworks that should shape the treatment of religion in the curriculum and classroom. In Part Two, they explore major issues relating to religion in different domains of the curriculum in elementary education and in middle and high school courses in history, civics, economics, literature, and the sciences. They also discuss Bible courses and world religions courses and explore the relationship of religion to moral education and sex education. Note: This product listing is for the Adobe Acrobat (PDF) version of the book. |
| philip hamburger separation of church and state: American Freedom And Catholic Power Paul Blanshard, 2011-12 |
| philip hamburger separation of church and state: James Madison on Religious Liberty Robert S. Alley, 1985-07 This long-overdue volume is the only one of its kind containing all of Madison's religious writings, as well as new contributions by leading scholars. Madison's writings assume even more importance to thoughtful Americans as the Supreme Court continues to decide issues of school prayer, and as the Moral Majority tries to desecularize American public and private life. Imagine an America without the Bill of Rights, without the Constitution. This image of our nation, existing without these two foundations of freedom, justice, and inquiry, assaults the imagination, for these two documents are the fuel that runs the republic. What is even more remarkable is that their primary author was one man - James Madison. James Madison On Religious Liberty is the definitive work of scholarship in its field, and will lay to rest any questioning of Madison's enormous historical stature. The essays are exhaustive in scope - many appear here for the first time in published form - and they include all of the available scholarship on Madison's religious writings. Alley provides more than 65 pages of source material, including Memorial and Remonstrance, probably the single most important statement of religious liberty ever written; the Virginia Declaration of Rights; selections from his correspondence with Thomas Jefferson and William Bradford; and other writings. Among the distinguished contributors are Daniel J. Boorstein, the late Sam Ervin, Jr., Robert A. Rutland, A.E. Dick Howard, Henry Steele Commager, Lowell P. Weicker, Jr., and Dumas Malone. This volume makes clear the wisdom and courage Madison invested in his writings. He was fully aware that all our freedoms flow from religious liberty, as religious liberty is really the freedom of inquiry. |
Separation of Church and State. By Philip Hamburger.
fessor Philip Hamburger's book Separation of Church and State1 will arrive as a jolt. This is a book that should and will make an enormous difference in the debate about the meaning of the …
Separation of Church and State: A Theologically Liberal, Anti …
Professor Philip Hamburger's new book, Separation of Church and State, published in the summer of 2002 by Harvard University Press. The book argues that during the past two …
SEPARATION OF CHURCH AND STATE - degruyterbrill.com
Hamburger, Philip, 1957– Separation of church and state / Philip Hamburger. p. cm. Includes bibliographical references and index. ISBN 0-674-00734-4 (cloth) ISBN 0-674-01374-3 (pbk.) …
Separation Of Church And State Separation Of Church And …
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 …
Philip Hamburger. Separation of Church and State. - H-Net
In this study, Philip Hamburger, professor of law at the University of Chicago, seeks to present the history of an idea, separation of church and state, over time.
The Serpentine Wall of Separation - repository.law.umich.edu
Philip Hamburger's Separation of Church and State is a riveting and recondite intellectual history of American separationism. The heart of the book analyzes developments from Thomas …
The Nineteenth-Century Bible Wars and the Separation of …
Philip Hamburger's bold narrative in Separation of Church and State (2002), to which I return more fully below. There Hamburger argues that the separationist impulse was not original to …
Philip Hamburger Separation Of Church And State (PDF)
Separation of Church and State Philip HAMBURGER,2009-06-30 In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no …
Separation Rhetoric and Its Relevance. Book Review Of: …
This book alone places Professor Hamburger among the most serious and industrious of the "separation" critics. By can vassing an impressive amount of primary source material, em …
Philip Hamburger Separation Of Church And State
Philip Hamburger's analysis of the separation of church and state provides a compelling critique of traditional interpretations. By emphasizing the historical context and the potential for religious …
Book Reviews - JSTOR
Philip Hamburger, Separation of Church and State, Cambridge: Harvard Uni-versity Press, 2002. Pp. xiii + 501. $49.95 (ISBN 0-674-00734-4). This rich analysis of American thinking and …
SEPARATION OF CHURCH AND STATE. By Philip …
SEPARATION OF CHURCH AND STATE. By Philip Hamburger. Cambridge: Harvard University Press 2002. Pp. 560. $49.95. ISBN: 0-674-00734-4. Philip Hamburger's new book about …
The Many Meanings of Separation - JSTOR
In Hamburger's view, separation is a nineteenth-century movement, originating in anti-Catholicism, later expanding or shifting to include hostility to all organized religion, and finally …
Facts and Fictions About the History of Separation of Church …
The Separation of Church and State (Boston: Beacon Press, 2004); James Hitchcock, The Supreme Court and Religion in American Life, 2 vols. (Princeton, N.J.: Princeton University …
Is Separation of Church and State Possible?
"Separation church and state" is a famous ideology that refers to the First Amendment. The United States government cannot establish a religion, nor can it interfere with anyone's …
Philip Hamburger Separation Of Church And State
Oct 16, 2023 · Within the pages of "Philip Hamburger Separation Of Church And State," an enthralling opus penned by a highly acclaimed wordsmith, readers embark on an immersive …
Philip Hamburger Separation Of Church And State
Separation of Church and State Philip Hamburger,2009-07-01 In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no …
Separation Of Church And State Philip Hamburger
Separation of Church and State Philip Hamburger,2009-07-01 In a powerful challenge to conventional wisdom Philip Hamburger argues that the separation of church and state has no …
Separation Of Church And State Philip Hamburger
Separation of Church and State Philip Hamburger,2009-07-01 In a powerful challenge to conventional wisdom Philip Hamburger argues that the separation of church and state has no …
Separation of Church and State. By Philip Hamburger.
fessor Philip Hamburger's book Separation of Church and State1 will arrive as a jolt. This is a book that should and will make an enormous difference in the debate about the meaning of the …
History as Ideology: Philip Hamburger's Separation of …
Hamburger paints separation as having vastly different implications for the constitutional law of church and state than the much more modest notion of disestablishment.
Separation of Church and State: A Theologically Liberal, Anti …
Professor Philip Hamburger's new book, Separation of Church and State, published in the summer of 2002 by Harvard University Press. The book argues that during the past two …
SEPARATION OF CHURCH AND STATE - degruyterbrill.com
Hamburger, Philip, 1957– Separation of church and state / Philip Hamburger. p. cm. Includes bibliographical references and index. ISBN 0-674-00734-4 (cloth) ISBN 0-674-01374-3 (pbk.) 1. …
Separation Of Church And State Separation Of Church …
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 …
Philip Hamburger. Separation of Church and State. - H-Net
In this study, Philip Hamburger, professor of law at the University of Chicago, seeks to present the history of an idea, separation of church and state, over time.
The Serpentine Wall of Separation - repository.law.umich.edu
Philip Hamburger's Separation of Church and State is a riveting and recondite intellectual history of American separationism. The heart of the book analyzes developments from Thomas …
The Nineteenth-Century Bible Wars and the Separation of …
Philip Hamburger's bold narrative in Separation of Church and State (2002), to which I return more fully below. There Hamburger argues that the separationist impulse was not original to …
Philip Hamburger Separation Of Church And State (PDF)
Separation of Church and State Philip HAMBURGER,2009-06-30 In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no …
Separation Rhetoric and Its Relevance. Book Review Of: …
This book alone places Professor Hamburger among the most serious and industrious of the "separation" critics. By can vassing an impressive amount of primary source material, em …
Philip Hamburger Separation Of Church And State
Philip Hamburger's analysis of the separation of church and state provides a compelling critique of traditional interpretations. By emphasizing the historical context and the potential for religious …
Book Reviews - JSTOR
Philip Hamburger, Separation of Church and State, Cambridge: Harvard Uni-versity Press, 2002. Pp. xiii + 501. $49.95 (ISBN 0-674-00734-4). This rich analysis of American thinking and …
SEPARATION OF CHURCH AND STATE. By Philip …
SEPARATION OF CHURCH AND STATE. By Philip Hamburger. Cambridge: Harvard University Press 2002. Pp. 560. $49.95. ISBN: 0-674-00734-4. Philip Hamburger's new book about …
The Many Meanings of Separation - JSTOR
In Hamburger's view, separation is a nineteenth-century movement, originating in anti-Catholicism, later expanding or shifting to include hostility to all organized religion, and finally …
Facts and Fictions About the History of Separation of Church …
The Separation of Church and State (Boston: Beacon Press, 2004); James Hitchcock, The Supreme Court and Religion in American Life, 2 vols. (Princeton, N.J.: Princeton University …
Is Separation of Church and State Possible?
"Separation church and state" is a famous ideology that refers to the First Amendment. The United States government cannot establish a religion, nor can it interfere with anyone's …
Philip Hamburger Separation Of Church And State
Oct 16, 2023 · Within the pages of "Philip Hamburger Separation Of Church And State," an enthralling opus penned by a highly acclaimed wordsmith, readers embark on an immersive …
Philip Hamburger Separation Of Church And State
Separation of Church and State Philip Hamburger,2009-07-01 In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no …
Separation Of Church And State Philip Hamburger
Separation of Church and State Philip Hamburger,2009-07-01 In a powerful challenge to conventional wisdom Philip Hamburger argues that the separation of church and state has no …
Separation Of Church And State Philip Hamburger
Separation of Church and State Philip Hamburger,2009-07-01 In a powerful challenge to conventional wisdom Philip Hamburger argues that the separation of church and state has no …
