"Title" -- "Copyright" -- "Contents" -- "Introduction" -- "SECTION I CHURCH AND STATE IN COLONIAL AMERICA" -- "Virginia Articles, Laws, and Orders (1610–1611)" -- "Mayflower Compact (November 11, 1620)" -- "Plymouth Oath of Allegiance and Fidelity (1625)" -- "John Winthrop's Sermon "A Model of Christian Charity" (1630)" -- "Letter from John Cotton to Lord Say and Seal (1636)" -- "Fundamental Orders of Connecticut (January 14, 1639)" -- "The Massachusetts Body of Liberties (December 1641)" -- "Roger Williams Explains "The Bloudy Tenent of Persecution, for Cause of Conscience" (1644)" -- "John Winthrop's Little Speech on Liberty (1645)" -- "A Platform of Church Discipline by John Cotton, Richard Mather, and Ralph Partridge (1649)" -- "Samuel Danforth's Brief Recognition of New England's Errand into the Wilderness (1670)" -- "Increase Mather's "The Day of Trouble Is Near" (December 11, 1673)" -- "Charter of Liberties and Frame of Government of the Province of Pennsylvania (May 5, 1682)" -- "Pennsylvania Act for Freedom of Conscience (December 7, 1682)" -- "George Whitefield on Britain's Mercies and Britain's Duties (August 24, 1746)" -- "Abraham Keteltas on "God Arising and Pleading His People's Cause" (1777)" -- "Jacob Cushing's "Divine Judgments Upon Tyrants" (April 20, 1778)" -- "SECTION II CONSTITUTIONAL HISTORY OF CHURCH-STATE RELATIONS" -- "Worcestriensis (1776)" -- ""To the Honorable the General Assembly of the Commonwealth of Virginia: A Memorial and Remonstrance" (1785)" -- "Elihu, American Mercury (February 18, 1788)" -- "George Washington's Letters to Religious Associations (1789, 1790)" -- "George Washington's Farewell Address (September 19, 1796)" -- "SECTION III CIVIL RELIGION AND RELIGIOUS EXPRESSION IN THE PUBLIC SQUARE
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The problem of Church-State relations—if under Church is understood the Church universal in its Catholic form—may be answered without too much difficulty on a high abstract level. But on the contingent level of concrete historical development the problem becomes not only highly involved, but almost inexhaustible. For every growth in the Church's doctrine, (for example, the decrees of the Vatican Council and every deeper-going change in the other partner's constitutional forms or in its philosophical and ethical justification or a change in its aims to greater comprehensive competencies) poses a new problem. No wonder, therefore, that in our era of restlessness, of dynamic social changes, of conflicting ideologies fighting for the baffled minds of the masses, of wavering traditions decomposed by the acid of nihilist skepticism, the Church-State problem arises in a new intensity and urgency. The external signs are there for everyone to see: the fury of a Hitler against the "Black International," the violent persecution of the Church in die satellite countries of the Russian orbit, and the complete subjugation of the Orthodox Church not to a "Christian" Czar but to die confessedly adieistic Politburo. In minor degree the problem is also bothering the people of the United States. A secularist outlook, indeed, may slur over the reality and intensity of the true problem. For the secularized outlook die Church in her essence—and even more so the churches and the sects—is not different in genere from odier numerous private organizations for die furtherance of more or less rational aims and longings in a constitutionally pluralist society. The secularist will, therefore, recognize only one pragmatic rule: tolerance unless the public order and the competency of the police power is directly concerned. Public order includes all too often for the secularist his reform ideas and his social ideals based on a relativist pragmatism in ethics and thus makes him highly sensitive to die criticism by a Church which bases ethics on revelation and on competencies which die secularist can only consider as unfounded and arrogant. Only if the Church remains in the private sphere of private individuals and stays in this "free" sphere where the secularist will tolerate any mass-idiosyncracies, only dius will he condescendingly tolerate the Church. His attitude may be explained to a degree by the fact of an exceedingly strong religious individualism and a subjective and emotional spiritualism, inimical to form and tradition (indigenous to this country and resulting in the easy dissolution of doctrinal unity into a multiplicity of sects). This spiritualist "formlessness" of religion, here, makes the emphasis on organically grown and established forms and on the objective institutions of religious life, so characteristic of the Catholic Church, a somewhat strange and suspicious thing. Yet there is no avoiding the nature and self-understanding of the Church, if the problem of Church and State should be approached. Otherwise the term "Church" would stand only for utterly private opinions by very private individuals in that sphere of irrational feeling and unscientific imagination which for the secularist agnostic is religion. And it is clear that upon such suppositions it would follow that the political authority has exclusive and plenary competency to judge about the compatibility of such a religion with the policy and the public order of the state. The consequence of such thinking is the abolition of the Church-State problem by the complete elimination of the Church.
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In that revolutionary movement by which slowly and unobtrusively the government of England has been made over in the last twenty years, no institution has changed more perceptibly than the Church of England. Church and State: The Report of the Archbishops' Commission on the Relations between Church and State, dated 1935 but withheld from the public by the Commission until after the general election of that year, sets forth the latest stage in a notable constitutional development.
So many books and articles have been written during the past several years about Argentina that there would seem to be little reason, at the present time, for adding another weight to the already over-burdened press. There is a phase, however, of Argentine development both of the past and of the present which has not received a great deal of consideration, and that is the relationship between Church and State in the republic of the South. Circumstances of the past help to explain conditions of the present. North Americans are inclined to judge of ecclesiastical conditions in Latin America according to a North American background. Such judgments cannot be correct because the background has been different. Perhaps then it will be an aid to clear thinking and just appraisal to try to throw a bit of light upon Argentina's ecclesiastical past that we may better understand Argentina's ecclesiastical present.
The arrest, trial and sentence for life of Joseph Cardnial Mindszenty, Primate of Hungary, has profoundly shaken the conscience of the Western world and provoked a wave of protests on a scale unheard of before. The incident occurred at the climax of the tension between West and East. The figure of the Cardinal became the personification of a world-wide struggle between two fundamentally different conceptions of life. His broken resistance—both physical and psychological—symbolizes the fate of the millions oppressed and silenced by a ruthless Communist minority in East Europe. The recntations and self-contradictory confessions in the course of the trial had all the characteristics of the usual travesties of justice in Communistdominated countries. Pope Pius XII rightly stated in his allocution of February 14, 1949, that the behavior of Cardinal Mindszenty "appeared an accusation not against himself but against his very accusers and condemners."