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Church and State in American History illuminates the complex relationships among the political and religious authority structures of American society, and illustrates why church-state issues have remained controversial since our nation's founding. It has been in classroom use for over 50 years.
John Wilson and Donald Drakeman explore the notion of America as "One Nation Under God" by examining the ongoing debate over the relationship of church and state in the United States. Prayers and religious symbols in schools and other public spaces, school vouchers and tax support for faith-based social initiatives continue to be controversial, as are arguments among advocates of pro-choice and pro-life positions. The updated 4th edition includes selections from colonial charters, Supreme Court decisions, and federal legislation, along with contemporary commentary and incisive interpretations by modern scholars. Figures as divergent as John Winthrop, Anne Hutchinson, James Madison, John F. Kennedy, and Sandra Day O'Connor speak from these pages, as do Robert Bellah, Clarence Thomas, and Ruth Bader Ginsberg.
The continuing public and scholarly interest in this field, as well as a significant evolution in the Supreme Court's church-state jurisprudence, renders this timely re-edition as essential reading for students of law, American History, Religion, and Politics.
Contents
Preface
Introduction
1 The Language of Colonial Establishments (-1700)
Introduction
John Cotton, A Discourse About Civil Government
Roger Williams, Queries of Highest Consideration (1644)
Anne Hutchinson, The Examination
of Anne Hutchinson (1637)
Articles, Lawes, and Orders, Divine, Politic,
and Martiall for the Colony in Virginia (1610-1611)
Preface to the Fundamental Orders of
Connecticut (1638-1639)
An Act Concerning Religion in the
Maryland Colony (1649)
The Charter of Rhode Island and
Providence Plantations (1663)
Preface to the Frame of Government of Pennsylvania
The Fundamental Constitutions of
Carolina (1669-1698)
Leon Higginbotham, Sr., Race and the American
Legal Process: The Colonial Period
Ethnic Diversity and Evangelical Differentiation (1700-1760)
Introduction
The Connecticut Establishment
And Provision for Dissent (1708)
The Confession of Faith of the
Christians Called Mennonites
Grievances Against the
Connecticut Establishment (1751)
Samuel Davies on Behalf of
Dissenters in Virginia (1752)
Edwin S. Gaustad, Institutional
Effects of the Great Awakening
The Struggle for Independence and the Terms of Settlement
(1760-1820)
The Threat of an Anglican Establishment
Thomas Bradbury Chandler, Chandler's Appeal
on Behalf of Anglicans in America
Colonial Criticism of the Appeal (1768)
Church-State Issues in the States
Articles II and III of the Massachusetts Constitution [1780]
Justice Theophilus Parsons' opinion
in Barnes v. Falmouth (1810)
James Madison, Madison's
Memorial and Remonstrance (1785)
Jefferson's Act for Establishing
Religious Freedom (1786)
A Petition Relating to Church Establishment (1786)
Monica Najar, Baptist Churches and the Construction of Civil Order
Church, State and the Constitution
House and Senate Debates concerning the
First Amendment (1789)
Occasional Documents Regarding Religion and Government
Jefferson's Letter to the Danbury Baptists (1802)
Jefferson on the Question of Fast Days (1808)
Robert T. Handy, The Magna Carta of
Religious Freedom in America
4 The Era of Republican Protestantism (1820-1860)
Introduction
Joseph Story on the Religion
Clauses of the Bill of Rights (1833)
Jasper Adams' Sermon on the Relation of Christianity to Civil
Government (1833)
Madison's letter in response to Adams' Sermon
Lyman Beecher on Disestablishment
in Connecticut (1820)
Abner Kneeland, Blasphemy on Trial (1838)
Ezra Stiles Ely, A Christian
Party in Politics (1827)
Lyman Beecher, Beecher's
Strategy for the West (1835)
Richard M. Johnson, A Jacksonian
Criticism of the Protestant Phalanx (1829)
William Ellery Channing, A Religious
Liberal's Criticism of the Protestant Strategy (1829)
Calvin Colton, Colton on the True
Character of the Evangelical Enterprise (1836)
Vincent Harding, The Black Struggle
for Freedom in America
James F. Maclear, The True American
Union of Church and State
5 The Recognition of American Pluralism (1860-1920)
The Public Schools as Divisive
Judge Storer, The Bible in the Common Schools
Judge Welch, The Bible in The Public Schools
Samuel T. Spear, Religion and The State (1876)
"Americanism," Protestant and Catholic
Washington Gladden, The Anti-Catholic Crusade
Josiah Strong, America the Embodiment of
Christian Anglo-Saxon Civilization
E.B. Brady, An American
Catholic on Church and State
John Ireland, D.D., Catholicism and Americanism
Robert D. Cross, Catholicism and a Non-Catholic State
American Governments and Religious Institutions
Philip Schaff, The American Theory and System
James Bryce, The Churches and the Clergy
T.M. Cooley, Constitutional Limitations
Regarding Religious Liberty
The Constitution and Religious Liberty
Reynolds v. United States (1879)
Davis v. Beason (1890)
6 Mainstream Pluralism (1920-1960)
Church and State in Religious Perspectives
John A. Ryan, Comments on the
"Christian Constitution of States"
John Courtney Murray, S.J., Civil
Unity and Religious Integrity
John Coleman Bennett, Patterns of
Church-State Relations - Grounds for Separation
Richard L. Rubenstein, Church and
And State: The Jewish Posture
Church and State as a Political Issue
Catholic and Patriot: Governor Smith Replies
Paul Blanshard, The Catholic Plan for America
John F. Kennedy, Remarks on Church and State
Church and State as a Juridical Problem
Cantwell v. Connecticut (1940)
Minersville School District v. Gobitis (1940)
West Virginia State Board of
Education v. Barnette (1943)
Everson v. Board of Education (1947)
Illinois ex rel. McCollum v.
Board of Education (1948)
Zorach v. Clauson (1952)
Mark DeWolfe Howe, The Constitutional Question
7 Dimensions of Increasing Pluralism (1960- ): Church-State Issues
Religion and Public Education
Engel v. Vitale (1962)
School District of Abington
Township v. Schempp (1963)
Stone v. Graham (1980)
Wallace v. Jaffree (1985)
School Prayer Amendment
Edwards v. Aguillard (1987)
Lee v. Weisman (1992)
Lamb's Chapel v. Center Moriches (1993)
Rosenberger v. University of Virginia (1995)
Santa Fe Independent School
District v. Doe (2000)
Good News Club v. Milford Central School (2001)
Locke v. Davey (2004)
Aid to Religious Schools
John Courtney Murray, S.J. Remarks
on Aid to Parochial Schools
Edd Doerr, The People Speak:
Parochial and the Voters
A.E. Dick Howard, Up Against the Wall:
The Uneasy Separation of Church and State
Lemon v. Kurtzman (1971)
Mueller v. Allen (1983)
Witters v. Washington Department
of Services for the Blind (1986)
Zobrest v. Catalina Foothills
School District (1993)
Kiryas Joel Village School
District v. Grumet (1994)
Agostini v. Felton (1997)
Mitchell v. Helmes (2008)
Zelman v. Simmons-Harris (2002)
Religion and Governmental Activity
McGowan v. Maryland (1961)
Marsh v. Chambers (1983)
Lynch v. Donnelly (1984)
County of Allegheney v. ACLU (1989)
Capital Square v. Pinette (1995)
McCreary County v. ACLU of Kentucky (2005)
Van Orden v. Perry (2005)
Town of Greece v. Galloway (2014)
Trump v. Hawaii (2018)
8 Dimensions of Inclusive Pluralism (1960- ): Religious Liberty Issues
The Scope of Religious Liberty
Torcaso v. Watkins (1961)
Sherbert v. Verner (1963)
State of Wisconsin v. Yoder (1972)
McDaniel v. Paty (1978)
Thomas v. Review Board (1981)
United States v. Lee (1982)
Goldman v. Weinberger (1986)
Bowen v. Roy (1986)
Lyng v. Northwest Indian
Cemetery Protective Association (1988)
Frazee v. Illinois Department of
Employment Security (1989)
Employment Division v. Smith (1990)
Religious Freedom Restoration Act (1993)
Church of Lukumi v. Hialeah (1993)
Boerne v. Flores (1997)
Gonzales v. O Centro Espirita Beneficiente
União do Vegetal (2006)
Christian Legal Society v. Martinez (2010)
Burwell v. Hobby Lobby Stores (2014)
Holt v. Hobbs (2015)
Trinity Lutheran Church of
Columbia, Inc. v. Comer (2017)
Masterpiece Cakeshop, Ltd. v. Colorado
Civil Rights Commission (2018)
Government Regulation of Religious Organizations
Walz v. Tax Commission (1970)
Larson v. Valente (1982)
Bob Jones University v. United
States (1983)
Corporation of the Presiding Bishop v. Amos (1987)
Hosanna-Tabor Evangelical Lutheran Church and School
v. Equal Employment Opportunity Commission (2012)
Religion and Politics
National Conference of Catholic
Bishops on Religion and Politics
National Council of Churches on Religion and Politics
National Jewish Community Relations Advisory Council on Religion
and Politics
Anna Greenberg, The Church and the
Revitalization of Politics and Community
Marvin McMickle, Black Preacher/Politicians
God and Country: Cultural
Issues
Robert N. Bellah, Civil Religion in America
John F. Wilson, The Civil Religion Proposal as a
Revitalization Movement in American Culture
Chronology
Suggestions for Further Reading
Index
