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Church, State, and Original Intent

16 Nov 2009-
TL;DR: In this paper, Reynolds and Everson discuss the historical construction of constitutional reality and the battle for the historical high ground, and incorporate originalism in the construction of the constitutional reality. But they do not discuss the history of pre-meditated law office history.
Abstract: 1. Introduction 2. Reynolds: the historical construction of constitutional reality 3. Everson: a case of premeditated law office history 4. The battle for the historical high ground 5. Original meanings: where is the historical highground? 6. Incorporating originalism 7. Conclusion.

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Book
30 Sep 2017
TL;DR: The Rights Turn in Conservative Christian Politics as mentioned in this paper documents a recent fundamental change in American politics with the waning of Christian America, focusing primarily on evangelical politics, using extensive historical and survey data that compares evangelical advocacy and evangelical public opinion.
Abstract: The Rights Turn in Conservative Christian Politics documents a recent, fundamental change in American politics with the waning of Christian America. Rather than conservatives emphasizing morality and liberals emphasizing rights, both sides now wield rights arguments as potent weapons to win political and legal battles and build grassroots support. Lewis documents this change on the right, focusing primarily on evangelical politics. Using extensive historical and survey data that compares evangelical advocacy and evangelical public opinion, Lewis explains how the prototypical culture war issue - abortion - motivated the conservative rights turn over the past half century, serving as a springboard for rights learning and increased conservative advocacy in other arenas. Challenging the way we think about the culture wars, Lewis documents how rights claims are used to thwart liberal rights claims, as well as to provide protection for evangelicals, whose cultural positions are increasingly in the minority; they have also allowed evangelical elites to justify controversial advocacy positions to their base and to engage more easily in broad rights claiming in new or expanded political arenas, from health care to capital punishment.

56 citations

BookDOI
01 Jan 2012
TL;DR: Thematic Essays Part I. as mentioned in this paper Thematic essays on religious diversity in British America - 1730s-1790 Part VI American Religions in the Eighteenth-Century International Context Part VI.
Abstract: Part I. Background on Religious Traditions - pre-1500s Part II. Religions in the Post-Columbian New World - 1500-1680s Part III. Religious Patterns in Colonial America - 1680s-1730s Part IV. Religious Diversity in British America - 1730s-1790 Part V. American Religions in the Eighteenth-Century International Context Part VI. Thematic Essays Part I. Religion in North America Part II. Religions in the New Nation, 1790-1865 Part III. Changing Religious Realities Part IV. Religious Responses to Modern Life and Thought Part V. Comparative Essays Part VI. Religion and Other Diverse Areas Part I. The Postwar Religious World, 1945 and Following Part II. Controversial Issues in Transitional Times Part III. The World's Religions in America Part IV. Religious and Cultural Conflict in America Part V. New and Continuing Religious Realities in America Part VI. Concluding Essays.

34 citations

Journal ArticleDOI
TL;DR: The Southern Baptist Convention (SBC) shifted from being an ardent supporter of the strict separation of church and state to being a champion of the government accommodation of religion between the late 1970s and early 1990s as discussed by the authors.
Abstract: Between the late 1970s and early 1990s, the Southern Baptist Convention (SBC) altered its First Amendment advocacy, shifting from being an ardent supporter of the strict separation of church and state to being a champion of the government accommodation of religion. At the same time, the denomination also became unswervingly pro-life. In this article, I use the SBC case to identify a previously under-analyzed link between abortion politics and church-state politics. I suggest that pro-life politics played an important role in the SBC's shift away from the separation of church and state. I focus on three areas where abortion politics aided this shift: (1) opposing separationists’ assertions that anti-abortion policies violated the Establishment Clause; (2) becoming allies rather than foes with Catholics; and (3) promoting a greater emphasis on the free exercise of religion. I conclude by discussing the implications for the relationship between religion, law, and politics.

20 citations

Journal ArticleDOI
Ursula Hackett1
TL;DR: The authors demonstrate that the differences between religious groups are surprisingly tenacious. But these developments are not reflected in America's private K-12 school system or in patterns of public aid for children who attend them where divisions between religious traditions remain stark.
Abstract: In America’s culture wars denominations increasingly ally with one another despite differences in theology, church organization and membership. But these developments are not reflected in America’s private K-12 school system or in patterns of public aid for children who attend them where divisions between religious traditions remain stark. I demonstrate, by means of an analysis of critical junctures in American political development supported by statistical analysis, that Catholics who desire a religious education for their children have historically tended to exit for the parochial sector while Evangelicals having similar desires lobbied for reform of the public school system. These differential group responses stem from differing conceptions of identity and belonging, theological understanding and institutional structure. In American education policy, differences between religious groups are surprisingly tenacious.

18 citations

Journal ArticleDOI
TL;DR: The evolution of the First Amendment's establishment clause in the post World War II period is unique in American constitutional interpretation because virtually all voices had agreed on one point, originalism as mentioned in this paper.
Abstract: Examination of the First Amendment's establishment clause in the post World War II period is unique in American constitutional interpretation because virtually all voices had agreed on one point, originalism. Few if any significant writers on the establishment clause had doubted the centrality of the founders' original intent for interpreting the clause's meaning. Yet this now has changed. Unlike their predecessors, leading advocates of church-state separation have now moved away from an original meaning interpretation of the establishment clause. Yet these separationists continue to try to ground their normative policy prescriptions in establishment clause mandates. They attempt this balancing act by employing narrative strategies of evolutionary processes in history. They do not simply track changes in constitutional doctrine, but characterize changes yielding greater separation between church and state through the nation's history as incipient in the Republic's founding, an originally inchoate church-state principle only fully formed through historical evolution. In the process, they sweep myriad separationist ideas into their progressively evolving narratives which have never been enunciated as law. Their accounts thus often reflect less an attempt to track historical developments in fundamental law than an attempt to construct fundamental law narratives. These attempts highlight persistent historical problems in the separationist endeavor that require attention if the evolutionary narratives of leading separationist are to shape the field of establishment clause history.

17 citations

References
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Journal ArticleDOI
TL;DR: Higham's Strangers in the Land as mentioned in this paper is a history of public opinion, whose purpose is to show how nativism evolved in society and in action, by tracing an emotionally charged impulse rather than an actual social process or condition.
Abstract: Higham's work stands as the seminal work in the history of American nativism. The work is a careful, well-documented study of nationalism and ethnic prejudice, and chronicles the power and violence of these two ideas in American society from 1860 to 1925. He significantly moves beyond previous treatments of nativism, both in chronology and in interpretive sophistication. Higham defines nativism as a defensive type of nationalism or an intense opposition to an internal minority on the grounds of the group's foreign connections. By defining nativism as a set of attitudes or a state of mind, he sets the course for his book as tracing "trace an emotionally charged impulse" rather than "an actual social process or condition." As he argues that the ideological content of nativism remained consistent, he uses emotional intensity as a measure to trace in detail public opinion from the relative calm following the Civil War to the Johnson-Reed act of 1924 that severely limited European immigration. Strangers in the Land is, then, a history of public opinion, whose purpose is to show how nativism evolved in society and in action. Higham seeks to explain what could inflame xenophobia and who resisted it. He saw his work as part of a renewed interest in the study of nationalism following the national upheavals in the wake of the McCarthy hearings. Surely Higham's mentor at the University of Wisconsin, intellectual historian Merle Curti, influenced Higham's approach in seeking to examine the power of nationalism as an idea. Also influential was the intellectual climate of the 1950s with its of distrust of ideology and distain of prejudice. Higham admits being repelled by the nationalist delusions of the Cold War, again helping to explain why his study concentrates on seeking some explanation for the irrational and violent outbreaks. The book thus focuses on points of conflict, "antagonisms that belong within ideologies of passionate national consciousness." For example, Higham's explains the 100 percent American movement in terms of progressive ideals and the desire of Americans to shape immigrants into a particular ideal of "Americanness" through education and assimilation. This intellectual construct eventually gave way to the racial thinking to which Higham assigns much influence in the efforts to restrict immigration. Ideology is also central to his chapter on the history of the idea of racism in which he argues that Anglo-Saxon nationalism, literary naturalism and a nascent understanding of genetics combined to bring forth arguments for immigration restriction to preserve the racial purity of the American people. Thus, key for Higham's argument is the power of ideas in shaping individual behavior and thereby shaping history. This text is an absolute must-read for anyone seeking to understand American nativism and the darker side of nationalism.

835 citations

Book
01 Jan 1972
TL;DR: Ahlstrom's "Religious Book of the Decade" as mentioned in this paper was the winner of the 1973 National Book Award in Philosophy and Religion and the Christian Century's choice as the religious book of the decade (1979).
Abstract: This classic work, winner of the 1973 National Book Award in Philosophy and Religion and Christian Century's choice as the Religious Book of the Decade (1979), is now issued with a new chapter by noted religious historian David Hall, who carries the story of American religious history forward to the present day. Praise for the earlier edition: "An unusual and praiseworthy book...It takes a modern, almost anthropological view of history, in which worship is a part of a web of culture along with play, love, dress, and language."--B.A. Weisberger, Washington Post Book World "The most detailed, most polished of the works in its tradition."--Martin E. Marty, New York Times Book Review "An intellectual delight that one does not so much read as savor."--America "The definitive one-volume study by the leading authority."--Christianity Today "No one writing or thinking hereafter about America's past will be able to ignore Ahlstrom's magisterial account of the religious element."--American Historical Review

525 citations

Book
01 Jan 1978
TL;DR: Tribe as discussed by the authors focused on the Constitution's provisions for government structure and on how constitutional structure helps guarantee protection of substantive rights and liberties, and provided a wealth of original, insightful, and influential analysis of constitutional law doctrine and policy.
Abstract: This textbook focuses on the Constitution's provisions for government structure and on how constitutional structure helps guarantee protection of substantive rights and liberties. It promises to be an indispensable resource for teachers, students, practicing lawyers and judges. This preeminent treatise provides a wealth of original, insightful, and influential analysis of constitutional law doctrine and policy.Professor Tribe's central concern is the Constitution itself, not the Supreme Court as an institution. While addressing relevant issues of institutional capacities and roles, he does not stop at discussing the Court as the right or wrong forum to review a particular issue and render judgment; the more crucial question is whether the judgment itself was right or wrong as an element in the living development of constitutional justice.

410 citations

Book
29 Oct 2007
TL;DR: The Oxford History of the United States is by far the most respected multi-volume history of our nation as mentioned in this paper, and it is the most widely used history book in the world.
Abstract: The Oxford History of the United States is by far the most respected multi-volume history of our nation. In this prize-winning, critically acclaimed addition to the series, historian Daniel Walker Howe illuminates the period from the battle of New Orleans to the end of the Mexican-American War, an era when the United States expanded to the Pacific and won control over the richest part of the North American continent. Howe's panoramic narrative portrays revolutionary improvements in transportation and communications that accelerated the extension of the American empire. Railroads, canals, newspapers, and the telegraph dramatically lowered travel times and spurred the spread of information. These innovations prompted the emergence of mass political parties and stimulated America's economic development from an overwhelmingly rural country to a diversified economy in which commerce and industry took their place alongside agriculture. In his story, the author weaves together political and military events with social, economic, and cultural history. He examines the rise of Andrew Jackson and his Democratic party, but contends that John Quincy Adams and other Whigs-advocates of public education and economic integration, defenders of the rights of Indians, women, and African-Americans-were the true prophets of America's future. He reveals the power of religion to shape many aspects of American life during this period, including slavery and antislavery, women's rights and other reform movements, politics, education, and literature. Howe's story of American expansion culminates in the bitterly controversial but brilliantly executed war waged against Mexico to gain California and Texas for the United States. Winner of the New-York Historical Society American History Book Prize Finalist, 2007 National Book Critics Circle Award for Nonfiction

388 citations

Book
01 Jan 1990
TL;DR: In this article, the crisis of Christian practice in America and the renewal of Christian authority in America are discussed. But their focus is on the past rather than the present and the future of the United States.
Abstract: Acknowledgments Introduction: Religion in the American Past 1. The European Religious Heritage 2. The Crisis of Christian Practice in America 3. Magic and the Occult 4. The Renewal of Christian Authority 5. Slavery and the African Spiritual Holocaust 6. The Plural Origins of American Revivalism 7. A Revolutionary Millennium? 8. Toward the Antebellum Spiritual Hothouse 9. Christian Power in the American Republic Conclusion: Lincoln and the Almost Chosen People Notes Index

332 citations