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Separating Church and State

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Release : 2022-03-15
Genre : Religion
Kind : eBook
Book Rating : 087/5 ( reviews)

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Book Synopsis Separating Church and State by : Steven K. Green

Download or read book Separating Church and State written by Steven K. Green. This book was released on 2022-03-15. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Separation of Church and State

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Release : 2009-06-30
Genre : Law
Kind : eBook
Book Rating : 185/5 ( reviews)

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Book Synopsis Separation of Church and State by : Philip HAMBURGER

Download or read book Separation of Church and State written by Philip HAMBURGER. This book was released on 2009-06-30. Available in PDF, EPUB and Kindle. Book excerpt: 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 Religion Clauses

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Author :
Release : 2020
Genre : Law
Kind : eBook
Book Rating : 736/5 ( reviews)

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Book Synopsis The Religion Clauses by : Erwin Chemerinsky

Download or read book The Religion Clauses written by Erwin Chemerinsky. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Separating Church and State

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Release : 1998
Genre : Biography & Autobiography
Kind : eBook
Book Rating : 641/5 ( reviews)

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Book Synopsis Separating Church and State by : Timothy Hall

Download or read book Separating Church and State written by Timothy Hall. This book was released on 1998. Available in PDF, EPUB and Kindle. Book excerpt: Roger Williams, founder of the colony of Rhode Island, is famous as an apostle of religious tolerance and a foe of religious establishments. In Separating Church and State, Timothy Hall combines impressive historical and legal scholarship to explore Williams's theory of religious liberty and relate it to current debate. Williams's fierce religious dogmaticism, Hall argues, is precisely what led to his religious tolerance, making him one of the most articulate champions of the argument for the necessary separation of church and state. "Both timely and provocative. . . . Offers Williams's largely overlooked but deeply important perspective on the peaceful coexistence of committed believers of diverse faiths. The book also brings into question crucial tenets of the United States Supreme Court's First Amendment religion clause jurisprudence at a time when many are raising questions about it." -- Marci A. Hamilton, Benjamin N. Cardozo School of Law, New York City "Hall has the entire Williams corpus under his command, and he plays the relevant texts like a master organist. He also has the legal corpus equally at his fingertips. One of the great strengths of his book is that it bridges the too often separate fields of history and jurisprudence." -- Edwin Gaustad, author of Liberty of Conscience: Roger Williams in America

Church and State in America

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Release : 2007-11-12
Genre : History
Kind : eBook
Book Rating : 905/5 ( reviews)

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Book Synopsis Church and State in America by : James H. Hutson

Download or read book Church and State in America written by James H. Hutson. This book was released on 2007-11-12. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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