Church, State, and Original Intent
Cambridge University Press, 11/23/2009
EAN 9780521119184, ISBN10: 0521119189
Hardcover, 382 pages, 23.6 x 15.7 x 2.5 cm
Language: English
Originally published in English
This provocative book shows how the United States Supreme Court has used constitutional history in church-state cases. Donald L. Drakeman describes the ways in which the justices have portrayed the framers' actions in a light favoring their own views about how church and state should be separated. He then marshals the historical evidence, leading to a surprising conclusion about the original meaning of the First Amendment's establishment clause: the framers originally intended the establishment clause only as a prohibition against a single national church. In showing how conventional interpretations have gone astray, he casts light on the close relationship between religion and government in America and brings to life a fascinating parade of church-state constitutional controversies from the founding era to the present.
1. Introduction
2. Reynolds
the historical construction of constitutional reality
3. Everson
a case of premeditated law office history
4. The battle for the historical high ground
5. Original meanings
where is the historical highground?
6. Incorporating originalism
7. Conclusion.