Posts tagged with: Law and Liberty

Rise-and-DeclineThere is an informative podcast on a new book titled The Rise and Decline of American Religious Freedom over at the Library of Law and Liberty. The author, Steven D. Smith, is the Warren Distinguished Professor of Law, University of San Diego and Co-Executive Director of the USD Institute for Law and Religion. Smith challenges the popular notion that American religious freedom was merely an enlightenment revolt from European Christendom and was meant to uplift a secular interpretation of the First Amendment.

Smith will be a guest writer over at their blog for the month of July. Below is an excerpt from the description of the podcast:

Our conversation begins with the history of the ratification of the First Amendment. What do we make of the fact that the religion clauses were scarcely debated in the Congress that approved them? Smith argues that this should dissolve any notion that a grand constitutional moment occurred and that gave us the religion clauses as “articles of faith” in secularism. We discuss Smith’s view that the lack of debate owed to an existing consensus that wanted to prevent the national government establishing a national church while the states would continue their established churches, in some cases, and other lesser forms of religious influence in their laws. Contrary, Smith argues, to a national standard of religious freedom or secularism, the constitutional course was “contestation” or an ongoing conflict between religious and secular claims. Thus the Court’s separationist jurisprudence of mid twentieth century, Smith discusses, was a departure from original understanding of religious liberty and its practice for most of our history.

Smith also discusses and disputes the view that American religious freedom is an outcome of the Enlightenment. His controversial claim is that it is a recovery of a key concept of Western civilization, freedom of the church, and, its later Protestant development, freedom of the “inner church” or conscience. Recovery is here stressed because it was modern political development, Smith notes, that had subordinated the church to the state and to be stripped of institutional freedom.

Listen to the podcast:

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scaliaSpeaking on February 14 at a Chicago event celebrating George Washington’s Birthday, U.S. Supreme Court Justice Antonin Scalia’s headline remark was his insistence that Chicago-style pizza is “not pizza.” But Scalia focused heavily on the abysmal state of civic education, which not surprisingly, includes law students as well.

Over at the Liberty Law Blog, Josh Blackman, offers some excellent highlights of Scalia’s words from the event. On the relationship between religion and good government, Scalia declared:

Let me make clear that I am not saying that every good American must believe in God. What I am saying, however, is that it is contrary to our founding principles to insist that government be hostile to religion. Or even to insist, as my court, alas, has done, that government cannot favor religion over non-religion.

It is not a matter of believing that God exists, though personally I believe that. It is a matter of believing, as our founders did, that belief in God is very conducive to a successful republic.

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Dr. James E. Bruce, assistant professor of philosophy at John Brown University, has a review of Rev. Robert Sirico’s new book, Defending the Free Market: The Moral Case for a Free Economy, on the Library of Law and Liberty website. Bruce’s review offers an insightful primer to the book and does not lack for praise:

Sirico at one point says that a favorite compliment is “being told that I have put into words what someone has thought for a long time but never been able to articulate” (106). I can’t pay him that compliment; I can say something stronger: Sirico puts into words things I’d never thought of, but wish I had. I found myself, while reading the book, trying to take a mental note of some of his very best one liners, turns of phrase, and examples, in an effort to store them for future use.

Defending the Free Market is available to order online.