The Religious Roots Of The First Amendment
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The Religious Roots Of The First Amendment
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Author : Nicholas P. Miller
language : en
Publisher: Oxford University Press
Release Date : 2012-06-01
The Religious Roots Of The First Amendment written by Nicholas P. Miller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-01 with Religion categories.
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.
Separation Of Church And State
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Author : Philip HAMBURGER
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Separation Of Church And State written by Philip HAMBURGER and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
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 Cambridge Companion To The First Amendment And Religious Liberty
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Author : Michael D. Breidenbach
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-09
The Cambridge Companion To The First Amendment And Religious Liberty written by Michael D. Breidenbach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.
Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.
Founding Faith
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Author : Steven Waldman
language : en
Publisher: National Geographic Books
Release Date : 2009-03-10
Founding Faith written by Steven Waldman and has been published by National Geographic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-10 with Religion categories.
The culture wars have distorted the dramatic story of how Americans came to worship freely. Many activists on the right maintain that the United States was founded as a “Christian nation.” Many on the left contend that the First Amendment was designed to boldly separate church and state. Neither of these claims is true, argues Beliefnet.com editor in chief Steven Waldman. With refreshing objectivity, Waldman narrates the real story of how our nation’s Founders forged a new approach to religious liberty. Founding Faith vividly describes the religious development of five Founders. Benjamin Franklin melded the Puritan theology of his youth and the Enlightenment philosophy of his adulthood. John Adams’s pungent views on religion stoked his revolutionary fervor and shaped his political strategy. George Washington came to view religious tolerance as a military necessity. Thomas Jefferson pursued a dramatic quest to “rescue” Jesus, in part by editing the Bible. Finally, it was James Madison who crafted an integrated vision of how to prevent tyranny while encouraging religious vibrancy. The spiritual custody battle over the Founding Fathers and the role of religion in America continues today. Waldman at last sets the record straight, revealing the real history of religious freedom to be dramatic, unexpected, paradoxical, and inspiring.
The First Freedoms
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Author : Thomas J. Curry
language : en
Publisher:
Release Date : 1986
The First Freedoms written by Thomas J. Curry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with History categories.
From the founding of Virginia to the passage of the Bill of Rights, the role of the First Amendment's religion clauses has never been clearly defined. A thorough examination of America's developing ideas on religious liberty. The First Freedoms presents a bold new interpretation of the Church-State context of colonial and revolutionary America.
The Establishment Clause
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Author : Leonard Williams Levy
language : en
Publisher: UNC Press Books
Release Date : 1994
The Establishment Clause written by Leonard Williams Levy and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.
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.
The Religion Clauses Of The First Amendment
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Author : Ellis M. West
language : en
Publisher: Lexington Books
Release Date : 2012-07-10
The Religion Clauses Of The First Amendment written by Ellis M. West and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-10 with Law categories.
The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights
The Myth Of American Religious Freedom
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Author : David Sehat
language : en
Publisher: Oxford University Press
Release Date : 2011-01-14
The Myth Of American Religious Freedom written by David Sehat and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-14 with Religion categories.
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Establishing Religious Freedom
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Author : Thomas E. Buckley
language : en
Publisher:
Release Date : 2013
Establishing Religious Freedom written by Thomas E. Buckley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Freedom of religion categories.
The significance of the Virginia Statute for Establishing Religious Freedom goes far beyond the borders of the Old Dominion. Its influence ultimately extended to the Supreme Court's interpretation of the separation of church and state. In his latest book, Thomas Buckley tells the story of the statute, beginning with its background in the struggles of the colonial dissenters against an oppressive Church of England. When the Revolution forced the issue of religious liberty, Thomas Jefferson drafted his statute and James Madison guided its passage through the state legislature. Displacing an established church by instituting religious freedom, the Virginia statute provided the most substantial guarantees of religious liberty of any state in the new nation. The statute's implementation, however, proved to be problematic. Faced with a mandate for strict separation of church and state--and in an atmosphere of sweeping evangelical Christianity--Virginians clashed over numerous issues, including the legal ownership of church property, the incorporation of churches and religious groups, Sabbath observance, protection for religious groups, Bible reading in school, and divorce laws. Such debates pitted churches against one another and engaged Virginia's legal system for a century and a half. Fascinating history in itself, the effort to implement Jefferson's statute has even broader significance in its anticipation of the conflict that would occupy the whole country after the Supreme Court nationalized the religion clause of the First Amendment in the 1940s.
The Religious Roots Of The First Amendment
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Author : Nicholas P. Miller
language : en
Publisher: OUP USA
Release Date : 2012-06
The Religious Roots Of The First Amendment written by Nicholas P. Miller and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06 with History categories.
Arguing that commitments by certain dissenting Protestants to the right of private judgment in matters of Biblical interpretation helped promote religious liberty and religious disestablishment in the early modern West, this text describes a continuous strand of this religious thought - as well as the thinkers who spread it.