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No Establishment of Religion - America's Original Contribution to Religious Liberty (Paperback)
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No Establishment of Religion - America's Original Contribution to Religious Liberty (Paperback)
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America's most original legal invention may be the First Amendment
guarantee that ''Congress shall make no law respecting an
establishment of religion.'' This constitutional provision rejected
the millennium-old Western policy of supporting one form of
Christianity in each nation and subjugating all other faiths. It
was both original and deeply challenging. The new nation
encountered difficulty removing the traditional laws that
controlled religious doctrine, liturgy, and church life and that
discriminated against unpopular religions, and found it even harder
to decide more subtle legal questions that continue to divide
Americans today: Did the constitutional prohibition on
establishment of religion prohibit governmental support for
religion altogether, or did it just bar preferential support for
some religions over others? Did it require that government remove
Sabbath day, blasphemy, oath-swearing and other laws historically
rooted in religion, or could those laws now be justified on grounds
of tradition, morality, or utility? Did it mean the removal of all
religious texts, symbols, and ceremonies from public documents and
government lands, or could a democratic government represent these
in ever more inclusive ways? Did the First Amendment Establishment
Clause bind only "Congress " or were state and local governments
bound, too? This twelve essays of this volume examine the diverse
and shifting answers to these questions from the founding era until
modern times. They show how the eighteenth-century founders took
the first decisive steps toward disestablishment of religion, but
with diverse political, theological, and philosophical goals in
mind. No Establishment of Religion also shows how America's ongoing
battles over religion and education, immigration, polygamy,
religious funding, religious exemptions, and more have made the
original and evolving understanding of disestablishment of religion
a source of perennial cultural and constitutional controversy. The
authors of the essays stake out strong and sometimes competing
positions on what ''no establishment of religion'' meant to the
American founders and what it can and should mean for America
today. They represent a wide array of perspectives on the genesis
and genius of America's original contribution to religious liberty,
exposing the fallacies of viewing America as either a Christian
nation bent on perpetuating biblical ideals or a secular nation
built with a high and impregnable wall of separation between church
and state.
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