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Religious Expression and the American Constitution (Rhetoric and Public Affairs Series) | 
| Author: Franklyn Saul Haiman
Publisher: Michigan State University Press
Category: Book
List Price: $79.95
Buy New: $58.84
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Avg. Customer Rating:  1 reviews
Sales Rank: 5920096
Media: Hardcover
Number Of Items: 1
Pages: 272
Shipping Weight (lbs): 1.1
Dimensions (in): 9.1 x 6.2 x 0.8
ISBN: 0870136909
Dewey Decimal Number: 342.730853
EAN: 9780870136900
ASIN: 0870136909
Publication Date: November 2003
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The History of the Great Separation August 12, 2004
8 out of 8 found this review helpful
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This famous phrase is illustriously located as the first part of the very first amendment to the Constitution. It comes even before the rest of the amendment promises free speech, press, and assembly, indicating that the Founding Fathers, who were of diverse religious views, had a high fear of the historical complications that had resulted when governments sponsored religions or regulated them. (It was preceded even by an article within the Constitution itself that forbade religious tests as a qualification for public office.) Just what these sixteen influential words mean has been debated endlessly since they were written; indeed, they contain a paradox, for if there are no laws regarding religion, then there is nothing to debate. Franklyn S. Haiman, a professor who describes himself as "a First Amendment junkie," has given a fine summary of the importance of these words and how the courts and eventually the Supreme Court have interpreted them into laws we can live by in _Religious Expression and the American Constitution_ (Michigan State University Press). It is an extremely complex story, told here in an engaging way by examining different cases and decisions within chapters having to do with specific arenas like religious expression within public schools or within public spaces. Haiman's book is a perfect summary for the historic understanding of the contemporary state of religious expression in America.
When Calvinist Puritans had had enough discrimination in the Old World, they came to the New and began themselves to discriminate against others. Only four of the original thirteen colonies never had an established church. Once the revolution had been won, governments did not automatically withdraw from the religion game. It took a few decades for some states to disestablish the Anglican church, and even then they often retained a prohibition that only protestant believers could hold office. Conflicts caused by the eventual amendment have different sources. There are difficulties in the words themselves; what is a religion (does it include the groups following patently fraudulent charlatans?) or what is free exercise (does it include keeping one's children away from doctors so that they can only get the benefits of religious healing?)? Those who wrote the amendment could have had no concept of current medicine or media. The greatest problem, because it reflects a difference in judicial philosophy, is whether the amendment (and the rest of the Constitution, of course) should be interpreted with special attention to what the signers of the document would have meant, or should be interpreted as a "living document" which might mean something different in current society. The examples given here are thought-provoking and will invite the reader to try to second guess what the Supreme Court should have done in many diverse cases.
As long as believers attempt to get the government further to sponsor their particular beliefs, it is to be expected that these battles will continue, and that Haiman will have to revise his book before long. He won't have to change the many useful appendices, however, which include writings of Roger Williams, John Locke, and Thomas Jefferson, as well as parts of important decisions to which the text refers. Haiman's book is a thorough and entertaining introduction to contemporary issues, and anyone reading it will get a close view of how separation of church and state has been so important to our country. An aspect of the story is disconcerting, however. Those who have sat on the Supreme Court represent inarguably some of the best legal minds our nation has produced, and yet no one can be pleased at the long list of 5 to 4 decisions regarding religious matters that were bitterly argued, or in which those who cast votes for the winning side could not agree upon the basis for their decision. It is a messy way of making decisions that are at the heart of our nation's history and society. Given the strong feelings on the issues described herein, they will be forever debatable. Haiman's book is a valuable summary of the arguments, but only of the arguments thus far.
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