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.

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.

Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.

“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)

Abortion. Physician-assisted suicide. Same-sex marriages. Embryonic stem-cell research. Poverty. Crime. What is a faithful Christian response? The God of the Bible is unquestionably a God of justice. Yet Christians have had their differences as to how human government and the church should bring about a just social order. Although Christians share many deep and significant theological convictions, differences that threaten to divide them have often surrounded the matter of how the church collectively and Christians individually ought to engage the public square. What is the mission of the church? What is the purpose of human government? How ought they to be related to each other? How should social injustice be redressed? The five noted contributors to this volume answer these questions from within their distinctive Christian theological traditions, as well as responding to the other four positions. Through the presentations and ensuing dialogue we come to see more clearly what the differences are, where their positions overlap and why they diverge. The contributors and the positions taken include Clarke E. Cochran: A Catholic Perspective Derek H. Davis: A Classical Separation Perspective Ronald J. Sider: An Anabaptist Perspective Corwin F. Smidt: A Principled Pluralist Perspective J. Philip Wogaman: A Social Justice Perspective This book will be instructive for anyone seeking to grasp the major Christian alternatives and desiring to pursue a faithful corporate and individual response to the social issues that face us.

"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.

In the United States, people often hear the phrase "separation of church and state." Many assume this means the government should rule without taking God into account. But that idea is a distortion of the truth. In this booklet, Dr. R.C. Sproul explains where the government ultimately gets its authority: from God Himself. God ordained the state to protect life and promote justice. Christians must respect and honor their earthly authorities but at the same time remember that God is the highest authority of all. The Crucial Questions booklet series by Dr. R.C. Sproul offers succinct answers to important questions often asked by Christians and thoughtful inquirers.

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.

Christians are often portrayed as sharing the same political opinions and the same theological foundations for their actions. Yet, from the time of the early church, believers have held a variety of perspectives on the relationship between church and state and what constitutes legitimate political behavior for Christian citizens. Thoroughly Christian political beliefs run the gamut from disavowal of any political responsibility to a complete endorsement of government policies and the belief that the state has been divinely appointed. In Church, State, and Citizen, Sandra F. Joireman has gathered political scientists to examine the relationship between religion and politics as seen from within seven Christian traditions: Catholic, Lutheran, Reformed, Anabaptist, Anglican, Evangelical and Pentecostal. In each chapter the historical and theological foundations of the tradition are described along with the beliefs regarding the appropriate role of the state and citizen. While all Christian traditions share certain beliefs about faith (e.g., human sin, salvation, Christ's atonement) and political life (e.g. limited government, human rights, the incompleteness and partiality of all political action) there are also profound differences. The authors discuss the contemporary implications of these beliefs both in the United States and in other areas of the world where Christianity is showing increasing vigor.