Search Results for "separation-of-church-and-state"

Separation of Church and State

Separation of Church and State

  • Author: Philip HAMBURGER
  • Publisher: Harvard University Press
  • ISBN: 0674038185
  • Category: Law
  • Page: 528
  • View: 5647
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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.

Separation of Church and State: What the Founders Meant

Separation of Church and State: What the Founders Meant

  • Author: David Barton
  • Publisher: BookBaby
  • ISBN: 1483502287
  • Category: History
  • Page: 32
  • View: 2197
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This book is very timely for one of the most frequently debated issues in America: the separation of church and state. Where did this phrase originate? Was it always meant to prohibit expressions of religious faith in public settings as many claim today? Learn the answers to these questions and discover the Founding Fathers own words and intents in this book! With all these resources, you will be able to clearly understand the original intent of the Founding Fathers and be able to share those beliefs with others!

Why the Religious Right is Wrong about Separation of Church & State

Why the Religious Right is Wrong about Separation of Church & State

  • Author: Rob Boston
  • Publisher: N.A
  • ISBN: 9780879758349
  • Category: Church and state
  • Page: 257
  • View: 2931
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A journalist's account of how the religious right is using the political arena to wage war against the governing principle of separation of church and state to promote their ultraconservative agenda. Annotation copyright Book News, Inc. Portland, Or.

Democratic Authority and the Separation of Church and State

Democratic Authority and the Separation of Church and State

  • Author: Robert Audi
  • Publisher: Oxford University Press
  • ISBN: 0199796149
  • Category: Philosophy
  • Page: 192
  • View: 8860
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Democratic states must protect the liberty of citizens and must accommodate both religious liberty and cultural diversity. This democratic imperative is one reason for the increasing secularity of most modern democracies. Religious citizens, however, commonly see a secular state as unfriendly toward religion. This book articulates principles that enable secular governments to protect liberty in a way that judiciously separates church and state and fully respects religious citizens. After presenting a brief account of the relation between religion and ethics, the book shows how ethics can be independent of religion-evidentially autonomous in a way that makes moral knowledge possible for secular citizens--without denying religious sources a moral authority of their own. With this account in view, it portrays a church-state separation that requires governments not only to avoid religious establishment but also to maintain religious neutrality. The book shows how religious neutrality is related to such issues as teaching evolutionary biology in public schools, the legitimacy of vouchers to fund private schooling, and governmental support of "faith-based initiatives." The final chapter shows how the proposed theory of religion and politics incorporates toleration and forgiveness as elements in flourishing democracies. Tolerance and forgiveness are described; their role in democratic citizenship is clarified; and in this light a conception of civic virtue is proposed. Overall, the book advances the theory of liberal democracy, clarifies the relation between religion and ethics, provides distinctive principles governing religion in politics, and provides a theory of toleration for pluralistic societies. It frames institutional principles to guide governmental policy toward religion; it articulates citizenship standards for political conduct by individuals; it examines the case for affirming these two kinds of standards on the basis of what, historically, has been called natural reason; and it defends an account of toleration that enhances the practical application of the ethical framework both in individual nations and in the international realm.

A Secular Faith

A Secular Faith

Why Christianity Favors the Separation of Church and State

  • Author: Darryl G. Hart
  • Publisher: Ivan R Dee
  • ISBN: N.A
  • Category: Religion
  • Page: 273
  • View: 2609
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Analyzes the widening gap between religious and secular America throughout the past quarter century to present a faith-based argument for the absolute separation of church and state, explaining that Christian politics are inappropriate for a religiously diverse society and fundamentally misconstrue the meaning of the Christian religion.

The Separation of Church and State

The Separation of Church and State

  • Author: Forrest Church
  • Publisher: Beacon Press
  • ISBN: 0807097071
  • Category: Religion
  • Page: 176
  • View: 5347
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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. From the Trade Paperback edition.

Thomas Jefferson and the Wall of Separation Between Church and State

Thomas Jefferson and the Wall of Separation Between Church and State

  • Author: Daniel Dreisbach
  • Publisher: NYU Press
  • ISBN: 0814720846
  • Category: Law
  • Page: 283
  • View: 3062
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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. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.

Jefferson & Madison on Separation of Church and State

Jefferson & Madison on Separation of Church and State

Writings on Religion and Secularism

  • Author: Thomas Jefferson,James Madison,Lenni Brenner
  • Publisher: Barricade Books Incorporated
  • ISBN: 9781569802731
  • Category: History
  • Page: 438
  • View: 2827
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A complete selection of writings from Thomas Jefferson and James Madison focusing specifically on their very forward thinking beliefs in the separation of church and state.

Church and State in America

Church and State in America

The First Two Centuries

  • Author: James H. Hutson
  • Publisher: Cambridge University Press
  • ISBN: 1139467905
  • Category: History
  • Page: N.A
  • View: 6503
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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.

Separating Church and State

Separating Church and State

Roger Williams and Religious Liberty

  • Author: Timothy Hall,Timothy L. Hall
  • Publisher: University of Illinois Press
  • ISBN: 9780252066641
  • Category: Law
  • Page: 206
  • View: 6774
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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 Western Society

Church and State in Western Society

Established Church, Cooperation and Separation

  • Author: Professor Edward J Eberle
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 1409497801
  • Category: Law
  • Page: 218
  • View: 9778
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The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.

The Religious Roots of the First Amendment

The Religious Roots of the First Amendment

Dissenting Protestants and the Separation of Church and State

  • Author: Nicholas P. Miller
  • Publisher: Oxford University Press
  • ISBN: 0199942803
  • Category: Religion
  • Page: 272
  • View: 3979
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Traditional understandings of the genesis of the separation of church and state rest on assumptions about "Enlightenment" and the republican ethos of citizenship. In The Religious Roots of the First Amendment, Nicholas P. Miller does not seek to dislodge that interpretation but to augment and enrich it by recovering its cultural and discursive religious contexts--specifically the discourse of Protestant dissent. He argues that commitments by certain dissenting Protestants to the right of private judgment in matters of Biblical interpretation, an outgrowth of the doctrine of the priesthood of all believers, helped promote religious disestablishment in the early modern West. This movement climaxed in the disestablishment of religion in the early American colonies and nation. Miller identifies a continuous strand of this religious thought from the Protestant Reformation, across Europe, through the English Reformation, Civil War, and Restoration, into the American colonies. He examines seven key thinkers who played a major role in the development of this religious trajectory as it came to fruition in American political and legal history: William Penn, John Locke, Elisha Williams, Isaac Backus, William Livingston, John Witherspoon, and James Madison. Miller shows that the separation of church and state can be read, most persuasively, as the triumph of a particular strand of Protestant nonconformity-that which stretched back to the Puritan separatist and the Restoration sects, rather than to those, like Presbyterians, who sought to replace the "wrong" church establishment with their own, "right" one. The Religious Roots of the First Amendment contributes powerfully to the current trend among some historians to rescue the eighteenth-century clergymen and religious controversialists from the enormous condescension of posterity.

Religion and the Demise of Liberal Rationalism

Religion and the Demise of Liberal Rationalism

The Foundational Crisis of the Separation of Church and State

  • Author: J. Judd Owen
  • Publisher: University of Chicago Press
  • ISBN: 9780226641911
  • Category: Political Science
  • Page: 218
  • View: 3095
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If liberalism is premised on inclusion, pluralism, and religious neutrality, can the separation of church and state be said to have a unitary and rational foundation? If we accept that there are no self-evident principles of morality or politics, then doesn't any belief in a rational society become a sort of faith? And how can liberalism mediate impartially between various faiths—as it aims to do—if liberalism itself is one of the competing faiths? J. Judd Owen answers these questions with a remarkable critical analysis of four twentieth-century liberal and postliberal thinkers: John Dewey, John Rawls and, most extensively, Richard Rorty and Stanley Fish. His unique readings of these theorists and their approaches to religion lead him to conclusions that are meticulously constructed and surprising, arguing against the perception of liberalism as simple moral or religious neutrality, calling into question the prevailing justifications for separation of church and state, and challenging the way we think about the very basis of constitutional government.

Church and State in Scotland

Church and State in Scotland

Developing law

  • Author: Francis Lyall
  • Publisher: Routledge
  • ISBN: 1317166302
  • Category: Law
  • Page: 240
  • View: 2010
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The interaction of faith and the community is a fundamental of modern society. The first country to adopt Presbyterianism in its national church, Scotland adopted a system of church government, which is now in world-wide use. This book examines the development and current state of Scots law. Drawing on previous material as well as discussing current topical issues, this book makes some comparisons between Scotland and other legal and religious jurisdictions. The study first considers the Church of Scotland, its ’Disruption’ and statutorily recognised reconstitution and then the position of other denominations before assessing the interaction of religion and law and the impact of Human Rights and various discrimination laws within this distinctive Presbyterian country. This unique book will be of interest to both students and lecturers in constitutional and civil law, as well as historians and ecclesiastics.

The Dark Side of Church/State Separation

The Dark Side of Church/State Separation

The French Revolution, Nazi Germany, and International Communism

  • Author: Stephen Strehle
  • Publisher: Transaction Publishers
  • ISBN: 1412852714
  • Category: Political Science
  • Page: 401
  • View: 8184
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The Dark Side of Church/State Separation analyzes the Enlightenment's attack upon the Judeo-Christian tradition and its impact upon the development of secular regimes in France, Germany, and Russia. Such regimes followed the anti-Semitic/anti-Christian agenda of the French Enlightenment in blaming the Judeo-Christian tradition for all the ills of European society and believing that human beings can develop their own set of values and purposes through rational means, apart from any revelation from God or Scripture. Stephen Strehle's analysis extends our understanding of church/state relations and its history. He confirms the spiritual roots of modern anti-Semitism within the ideology of the Enlightenment and recognizes the intimate relationship between anti-Semitism and anti-Christianity. Strehle questions the absolute doctrine of church/state separation, given its background in the bigotries of the philosophes. He notes the nefarious motives of subsequent regimes, which used the French doctrine to replace the religious community with the state and its secular ideology. This detailed historical analysis of original sources and secondary literature is woven together with special appreciation for the philosophical and theological ideas that contributed to the emergence of political institutions. Readers will gain an understanding of the most influential ideas shaping the modern world and present-day culture.

Law and Religion

Law and Religion

A Critical Anthology

  • Author: Stephen M. Feldman
  • Publisher: NYU Press
  • ISBN: 9780814726785
  • Category: Law
  • Page: 483
  • View: 8212
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Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.

God Betrayed

God Betrayed

  • Author: Jerald Finney
  • Publisher: Xulon Press
  • ISBN: 160647541X
  • Category: Religion
  • Page: 496
  • View: 2324
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God Betrayed explains: (1) the biblical principles concerning government, church, and separation of church and state which one needs to know in order to understand the First Amendment and why it was adopted; (2) the history of the theological warfare in the colonies that eventually resulted in the adoption of the First Amendment; (3) how and why, soon after the ratification of the Constitution and the First Amendment, many churches subjected themselves to the state; (4) how the Supreme Court has used the First Amendment religion clause to remove God from practically all civil government affairs; (5) how civil government entices many churches to abandon their Supernatural and First Amendment freedoms; and (6) how churches in America can operate totally under God and free from any control by civil government. After graduating from college in 1970 and serving as an army officer in the Viet Nam conflict, Jerald Finney worked for the railroad and then started and operated a photography studio in Fort Worth, Texas. He was saved in 1982. God called him to enter the legal profession. He entered the University of Texas School of Law in 1990, and was licensed to practice law in 1993. Since that time, the Lord has guided his career. In 2005, he became lead counsel for the Biblical Law Center. This book is the result of his in depth studies of the issue of separation of church and state, the main issue which is addressed by the Biblical Law Center.

Separation of Church and State

Separation of Church and State

Founding Principle of Religious Liberty

  • Author: Frank Lambert
  • Publisher: N.A
  • ISBN: 9780881464771
  • Category: Political Science
  • Page: 227
  • View: 1302
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Frank Lambert tackles the central claims of the Religious Right historians who insist that America was conceived as a Christian State, that modern-day liberals and secularists have distorted and/or ignored the place of religion in American history, and that the phrase the separation of church and state does not appear in any of the founding documents and is, therefore, a myth created by the Left. He discusses what separates bad history from good history, and concludes that the self-styled historians of the Religious Right create a useful past that enlists the nations founders on behalf of present-day conservative religious and political causes. Lambert believes that the most effective means of critiquing such misuse of history is sound historical investigation that considers all the evidence, not just that which supports an authors biases, and draws reasonable conclusions grounded in historical context.

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
  • ISBN: 0195326245
  • Category: Law
  • Page: 575
  • View: 2638
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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.

American Justice 2014

American Justice 2014

Nine Clashing Visions on the Supreme Court

  • Author: Garrett Epps
  • Publisher: University of Pennsylvania Press
  • ISBN: 0812291301
  • Category: Law
  • Page: 192
  • View: 7784
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In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.