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One Nation under Law - America's Early National Struggles to Separate Church and State (Paperback, New edition)
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One Nation under Law - America's Early National Struggles to Separate Church and State (Paperback, New edition)
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The United States' commitment to separation of church and state has
defined the nation, from the structure of the schools and the
welfare system to the nature of American politics and society. Many
citizens mistakenly point to the First Amendment, which guarantees
the freedom of religious practice, as the origin of this
separation. Indeed, the Bill of Rights represents a crucial step
toward the division of religious institutions from the affairs of
the government. Yet, from the days of the early republic, the
separation of church and state came about slowly, amid contentious
legal, intellectual, and religious debates. In this timely study,
Mark McGarvie documents America's transition from Christian
communitarianism with its government-sponsored religious
institutions to liberal republicanism with its insistence that
church and government not interfere with one another. Surprisingly,
for a half-century after the ratification of the Constitution, many
early state governments continued to support religious
organizations. Disestablishment nonetheless proceeded, gaining ever
greater momentum as churches lost tax support and found that they
could not enforce mandatory attendance laws. No longer public
institutions with strong state backing, churches were reconstructed
as private, voluntary associations. At the same time, the state
took responsibility for poor relief, community record keeping, and
a variety of other public services formerly left to the churches.
Providing a close-up view of disestablishment as both a legal and
an ideological process, McGarvie focuses on the efforts of three
key states—New York, South Carolina, and New Hampshire—to
disentangle church and state during the early national period.
These case studies are particularly enlightening because a single
state's disestablishment crisis helped change the law for the
entire nation when New Hampshire's attempt to convert Dartmouth
College into a secular state institution ended in a suit that
eventually reached the Supreme Court. One Nation under Law is an
important contribution to an ongoing, distinctly American debate.
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