No establishment of religion : America's original contribution to religious liberty / edited by T. Jeremy Gunn and John Witte, Jr.

Format:

Book

Contributor:

Gunn, T. Jeremy (Thomas Jeremy)

Witte, John, Jr., 1959-

Language:

English

Subjects (All):

Religion.

History.

United States--Religion--History.

United States.

United States. Constitution--1st Amendment.

Freedom of religion--United States.

Freedom of religion.

Church and state--United States.

Church and state.

Physical Description:

415 pages ; 25 cm

Place of Publication:

New York : Oxford University Press, [2012]

Summary:

The First Amendment guarantee that "Congress shall make no law respecting an establishment of religion" rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. The exact meaning and application of this American innovation, however, has always proved elusive. Individual states found it difficult to remove traditional laws that controlled religious doctrine, liturgy, and church life, and that discriminated against unpopular religions. They found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitution prohibit governmental support for religion altogether, or just preferential support for some religions over others? Did it require that government remove Sabbath, blasphemy, and oath-taking laws, or could they now be justified on other grounds? Did it mean the removal of religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? These twelve essays stake out strong and sometimes competing positions on what "no establishment of religion" meant to the American founders and to subsequent generations of Americans, and what it might mean today. Book jacket.

Contents:

1 The Separation of Church and State versus Religion in the Public Square: The Contested History of the Establishment Clause / T. Jeremy Gunn Gunn, T. Jeremy 15

2 Establishment at the Founding / Michael W. McConnell McConnell, Michael W. 45

3 Disestablishing Religion and Protecting Religious Liberty in State Laws and Constitutions (1776-1833) / Mark D. McGarvie McGarvie, Mark D. 70

4 Roger Williams and the Puritan Background of the Establishment Clause / David Little Little, David 100

5 Toleration and Diversity in New Netherland and the Duke's Colony: The Roots of America's First Disestablishment / Paul Finkelman Finkelman, Paul 125

6 James Madison, Thomas Jefferson, and the Meaning of "Establishment of Religion" in Eighteenth-Century Virginia / Ralph Ketcham Ketcham, Ralph 158

7 The Continental Congress and Emerging Ideas of Church-State Separation / Derek H. Davis Davis, Derek H. 180

8 The First Federal Congress and the Formation of the Establishment Clause of the First Amendment / Carl H. Esbeck Esbeck, Carl H. 208

9 Defining and Testing the Prohibition on Religious Establishments in the Early Republic / Daniel L. Dreisbach Dreisbach, Daniel L. 252

10 The "Second Disestablishment": The Evolution of Nineteenth-Century Understandings of Separation of Church and State / Steven K. Green Green, Steven K. 280

11 Disestablishment from Blaine to Everson: Federalism, School Wars, and the Emerging Modern State / Thomas C. Berg Berg, Thomas C. 307

12 Some Reflections on Fundamental Questions about the Original Understanding of the Establishment Clause / Kent Greenawalt Greenawalt, Kent 341

13 Getting Beyond "The Myth of Christian America" / Martin E. Marty Marty, Martin E. 364.

Notes:

Includes bibliographical references and index.

ISBN:

9780199860395

0199860394

9780199860371

0199860378

OCLC:

759491795