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Separation of Church and State
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Review
Philip Hamburger has, simply, produced the best and most important book ever written on the subject of the separation of church and state in the United States. He has laid to rest the historical credentials of the Jeffersonian myth of the "wall of separation," and shown how the notion of separation gained wide acceptance in the nineteenth century primarily due to the pervasiveness of American anti-Catholicism. He has also destroyed the notion that separation is the only alternative to the union of church and state, and demonstrated that acceptance of separation has in fact undermined the vitality of our original anti-establishment notions of religious freedom. Hamburger underplays the current constitutional implications of his historical arguments, but it is clear that this book will have a profound impact on the current law and politics of church and state. (Stanley N. Katz, Princeton University, President, Emeritus, American Council of Learned Societies)This richly documented and cogently argued book challenges conventional interpretations of separation of church and state as a constitutional standard in American history and promises to reshape the debate on the constitutional and prudential relations between religion and American public life. (Daniel L. Dreisbach, American University)Hamburger provides an alternate historical and political understanding concerning the development of the separation concept, relying on 17th-through 19th-century religious arguments and social patterns to challenge our accepted understanding of relationships between church and state...This clear historical analysis will be accessible to anyone interested in U.S. church-state relations and civil liberties. Highly recommended. (Steven Puro Library Journal 2002-05-15)This volume presents the fascinating and complex history of interpretations of the First Amendment in the U.S. and argues that the amendment's antiestablishment clause did not mandate separation of church and state. Instead, Hamburger insists that separation, an idea that may mean far more than the absence of establishment, became a constitutional freedom over an extended period of time, largely through fear and prejudice...Recommended. (S. C. Pearson Choice 2002-12-01)Hamburger has written an extremely important book. His prodigious learning and ingenious interpretations overturn the conventional wisdom, forcing even the most passionate defenders of separationism to recognize how much of the story of religious liberty has taken on mythical dimensions. (Alan Wolfe Books and Culture 2002-09-01)[Hamburger] devastates Jefferson's notion of a 'wall of separation' between religion and government, demonstrating that such a notion was utterly idiosyncratic at the time. Strict separation was revived by anti-Catholics in the 19th century and picked up by the court in the 20th, a development for which Justice Hugo Black bore much responsibility. The modern era of judicial hostility to organized religion and its symbols in the public square is directly contrary to what the Framers meant when they prohibited the establishment of religion. Though Mr. Hamburger does not trace the damage done by preposterous decisions in recent decades, this is a marvelous book. (Robert Bork Wall Street Journal 2006-01-14)Separation of Church and State by Philip Hamburger is, perhaps, the most talked about treatise on American church-state relations of the last generation. It is a weighty, thoroughly researched tome that presents a nuanced, provocative thesis and that strikes even seasoned church-state scholars as distinctive from most works on the subject...Hamburger's fresh appraisal of the historical record adds much to our understanding of church-state separation...Few pages in this richly documented and cogently argued book fail to excite reflection or challenge long-held assumptions. (Daniel Dreisbach American Journal of Legal History)
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About the Author
Philip Hamburger is Maurice and Hilda Friedman Professor of Law at Columbia Law School.
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Product details
Paperback: 528 pages
Publisher: Harvard University Press; Revised edition (March 30, 2004)
Language: English
ISBN-10: 0674013743
ISBN-13: 978-0674013742
Product Dimensions:
6.2 x 1.2 x 9.2 inches
Shipping Weight: 1.6 pounds
Average Customer Review:
3.6 out of 5 stars
14 customer reviews
Amazon Best Sellers Rank:
#395,775 in Books (See Top 100 in Books)
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."
Book confirms much of what I have read in other sources. Bravo to Mr. Hamburger.
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.
as described
Very informative!
Hamburger's book seems overly thorough in making extended analyses of the many major elements of the Church/State history of America. In many cases there was little risk that a critic would argue the points that he made, and made, and remade. Sometimes less is more.In general, he makes a persuasive presentation of what happened and the causes therof. A+ on technical data, less so on making his points succinctly.
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. Although the separation of church and state must be complete, the First Amendment did "not say that in every and all respects there shall be a separation of Church and State," for if this were the case, municipalities would even be prohibited from providing police services to churches or other religious groups.Yet things would soon change. Within the context of private, religious schools, Chief Justice Burger writing for the majority in Lemon v. Kurtzman (1971), held that statutes could only provide funding for religious schools when the following elements were met: "First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion ... finally, the statute must not foster `an excessive government entanglement with religion.'" Applying these elements, the Court struck down a Pennsylvania and Rhode Island statutes that provided aid to non-public schools, including church-related schools. The Court would go further, excluding religion in public schools in Wallace v. Jaffree (1985) (Stevens, J.), nativity scenes in Allegheny County v. Greater Pittsburgh ACLU (1989) (Blackmun, J.), and prayer at a graduation ceremony in Lee v. Weisman (1992) (Kennedy, J.). Throughout this chaos, the dissents of Justices Rehnquist and Scalia often fell on deaf ears. As Rehnquist articulated in Wallace, the separation standard lacked historical support and "proved all but useless as a guide to sound constitutional adjudication."Hamburger concludes by highlighting the fact that the original opponents of the government establishment of religion did not demand a complete separation between church and state; although they opposed governmental financial benefits to established churches, they typically did not reject the conventional view that "there was a necessary and valuable moral connection between religion and government." Today, however, the opponents of establishment have taken us to a different place, where the mere hint of government endorsement of religion is viewed as contrary to the constitution. The nation thus finds itself in a place where the very religious liberty that the U.S. Constitution was designed to protect has instead become undermined.
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