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.

Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.

Now in paperback, a primer of essential writings about one of the cornerstones of our democracy by the original authors of the Constitution, edited by preeminant liberal theologian Forrest Church. Americans will never stop debating the question of church-state separation, and such debates invariably lead back to the nation’s beginnings and the founders’ intent. The Separation of Church and State presents a basic collection of the founders’ teachings on this topic. This concise primer gets past the rhetoric that surrounds the current debate, placing the founders’ vivid writings on religious liberty in historical perspective. Edited and with running commentary by Forrest Church, this important collection informs anyone curious about the original blueprint for our country and its government.

Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in America, either at the time of the constitutional framing or later. In challenging the dominant story of the separation of church and state, Please Don't Wish Me a Merry Christmas follows the historical path of two institutions - the Christian church and the state - from the origins of Christianity forward to the present day. Feldman thus focuses on the workings of power in a specific context: he interprets the development of Christian social power vis-a-vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.

The first amendment of the U.S. Constitution is discussed in regard to the intent of the Founding Fathers.

21 essays present a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within 5 main areas: history, politics, sociology theology/philosophy and law.

“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)