Separation of Church and State
In: Journal of church and state: JCS, Band 46, Heft 4, S. 904-905
ISSN: 0021-969X
Baker reviews Separation of Church and State by Philip Hamburger.
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In: Journal of church and state: JCS, Band 46, Heft 4, S. 904-905
ISSN: 0021-969X
Baker reviews Separation of Church and State by Philip Hamburger.
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. ; https://scholarship.law.columbia.edu/books/1030/thumbnail.jpg
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In: Historical guides to controversial issues in America
In: Historical Guides to Controversial Issues in America Ser
Frontmatter -- CONTENTS -- Acknowledgments -- Introduction -- I LATE EIGHTEENTH-CENTURY RELIGIOUS LIBERTY -- II EARLY NINETEENTH-CENTURY REPUBLICANISM -- III MID-NINETEENTH-CENTURY AMERICANISM -- IV LATE NINETEENTH- AND TWENTIETH-CENTURY CONSTITUTIONAL LAW -- Conclusion -- Index
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ISSN: 1045-7097
In: A journal of church and state: JCS, Band 5, Heft 2, S. 181-198
ISSN: 2040-4867
In: Exploring the Constitution series
In: Current History, Band 35, Heft 3, S. 458-461
ISSN: 1944-785X
In: Journal of church and state: JCS, Band 46, Heft 4, S. 904
ISSN: 0021-969X
In: Political science quarterly: a nonpartisan journal devoted to the study and analysis of government, politics and international affairs ; PSQ, Band 23, Heft 2, S. 259-296
ISSN: 1538-165X
SSRN
Working paper
In: "Beyond the Wall Between Church and State," Oasis 14 (2012): 73-78
SSRN
In: A journal of church and state: JCS, Band 11, Heft 1, S. 93-109
ISSN: 2040-4867