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Separation of Church and State

3.5 out of 5 stars 15 customer reviews
ISBN-13: 978-0674013742
ISBN-10: 0674013743
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Product Details

  • Paperback: 528 pages
  • Publisher: Harvard University Press (March 30, 2004)
  • Language: English
  • ISBN-10: 0674013743
  • ISBN-13: 978-0674013742
  • Product Dimensions: 6.3 x 1.4 x 9.1 inches
  • Shipping Weight: 1.6 pounds (View shipping rates and policies)
  • Average Customer Review: 3.5 out of 5 stars  See all reviews (15 customer reviews)
  • Amazon Best Sellers Rank: #851,161 in Books (See Top 100 in Books)

Customer Reviews

Top Customer Reviews

Format: Hardcover
Philip Hamburger, John P. Wilson Professor of Law at the University of Chicago, has written a meticulously researched account of how the American concept of religious freedom was transformed into the concept of separation of church and state. His central thesis is that this development had very little to do with the constitution itself or even with the late 18th century concept of religious liberty, but was very much a result of fear of ecclesiastical authority and anti-Catholic, or at times anti-Christian prejudice. Hamburger claims, "the federal and state constitutional provisions designed to protect religious liberty have, ironically, come to be understood in terms of an idea that substantially reduces this freedom."
Hamburger begins by tracing the origins of religious freedom in America to the European Continental Anabaptists of the 16th century and the English Baptists of the 17th century who "made arguments about the freedom of conscience." He also discusses the importance of 17th century religious dissenters and Enlightenment philosophers - such as Locke and Milton - and how they "generalized these ideas into conceptions of religious freedom eventually employed by most American dissenters." Hamburger presents the reader with a firm basis in what exactly was meant by religious freedom in colonial and revolutionary America, its relation to the various amendments to state constitutions, and the ideological context for the introduction of the First Amendment to our federal Constitution. He is quite explicit that separation of church and state was not a part of any of these developments and that, on the contrary, separation was rather more of a stigma applied to antiestablishment advocates in order to discredit them.
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Format: Hardcover
Constitutional legal scholar Philip Hamburger, formerly a professor of law at the University of Chicago and currently professor of law at Columbia Law School, argues in "Separation of Church and State" that America's modern conception of the First Amendment's Establishment Clause has failed to make an adequate distinction between the establishment of religion, which the founders intended to prohibit, and the "separation of church and state," a later development that was almost never cited by eighteenth century Americans. Hamburger offers both academic and non-academic readers alike a thoroughly researched and engaging presentation of the history of the Establishment Clause and how it came to be misapplied to the detriment of religion in the American public square.

How did the nation depart from a Constitution that guaranteed religious liberty to erect a "wall of separation between church and state"? Hamburger traces the problem to Thomas Jefferson, who in 1802 in his Letter to the Danbury Baptist Association reflected on "that act of the whole American people which declared that their legislature should `make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State.'" Jefferson's phrase would later be adopted by the Supreme Court. Justice Black, writing for the majority of the Supreme Court in Everson v. Board of Education of Ewing (1947), adopted Jefferson's separation of church and state and made it "the foundation of subsequent establishment clause jurisprudence." Five years later, Justice Douglas in Zorach v. Clauson (1952), affirmed Black's basic principle but expressed concern over the extent to which its implications could be taken.
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Format: Paperback Verified Purchase
This book is the most important contribution to the discussion of church and state in America during the last 100 years. The author "demythologizes" the subject. His most startling insight is the distinction he draws between "separation" and "disestablishment."

So significant is this work I would contend that the study of church and state should be distinguished as "pre-Hamburger" and "post-Hamburger."

It gives new meaning to the term "must read."
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Format: Paperback Verified Purchase
Separation of Church and State The author, Philip Hamburger, offers a well balanced presentation of how sixteen words of the First Amendment of the Constitution of the United States can be deliberately misconstrued for purposes that its writers never intended and how ten words written by Thomas Jefferson in a letter could become a substitute for those sixteen. Take the words themselves "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". Now, put them next to "...thus building a wall of separation between Church and State". It is no less than amazing how this transformation could have happened. As the saying goes, "Throw enough mud against a wall, some will stick". Of course if there never was a wall, if one throws enough mud, it will make its own wall!

We are all children of our own culture. When we hear things repeated again and again by people we love and respect, we will seldom question their veracity. Ideas get passed on from generaton to generation. They may change, but they do so slowly and the change is seldom noticed until the idea is totally transformed. That is what happened to our understanding as Americans of this part of the First Amendment. Going back to the beginning, as Hamburger does, makes a huge difference in our understanding.

The book is great reading. Maybe it should be compulsory reading by all of our judges, especially those on the Supreme Court.
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