Separation of Church and State

Philip Hamburger is Maurice and Hilda Friedman Professor of Law at Columbia Law School and CEO of the New Civil Liberties Alliance. He is a Nonresident Senior Fellow of the American Enterprise Institute. A member of the American Academy of Arts and Sciences, he is the author of Separation of Church and State, Law and Judicial Duty, Is Administrative Law Unlawful? and Purchasing Submission.

• Acknowledgments Introduction I. Late Eighteenth-Century Religious Liberty 1. Separation, Purity, and Anticlericalism 2. Accusations of Separation 3. The Exclusion of the Clergy 4. Freedom from Religious Establishments II. Early Nineteenth-Century Republicanism 5. Demands for Separation: Separating Federalist Clergy from Republican Politics 6. Keeping Religion Out of Politics and Making Politics Religious 7. Jefferson and the Baptists: Separation Proposed and Ignored as a Constitutional Principle III. Mid-Nineteenth-Century Americanism 8. A Theologically Liberal, Anti-Catholic, and American Principle 9. Separations in Society 10. Clerical Doubts and Popular Protestant Support IV. Late Nineteenth- and Twentieth-Century Constitutional Law 11. Amendment 12. Interpretation 13. Differences 14. An American Constitutional Right Conclusion Index

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.