Church and State in American History

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)

1. Leon Higginbotham, Sr., Race and the American

Legal Process: The Colonial Period

1. Ethnic Diversity and Evangelical Differentiation (1700-1760)
IntroductionThe Connecticut EstablishmentAnd Provision for Dissent (1708) The Confession of Faith of theChristians Called Mennonites Grievances Against theConnecticut Establishment (1751) Samuel Davies on Behalf ofDissenters in Virginia (1752) Edwin S. Gaustad, InstitutionalEffects of the Great Awakening
2. 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