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Catholics, Slaveholders, and the Dilemma of American Evangelicalism, 1835–1860 / W
Catholics, Slaveholders, and the Dilemma of American Evangelicalism, 1835 –1860 W. J ASON WALLACE University of Notre Dame Press Notre Dame, Indiana © 2010 University of Notre Dame Press Copyright © 2010 by University of Notre Dame Notre Dame, Indiana 46556 www.undpress.nd.edu All Rights Reserved Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data Wallace, William Jason. Catholics, slaveholders, and the dilemma of American evangelicalism, 1835–1860 / W. Jason Wallace. p. cm. Includes bibliographical references (p. ) and index. ISBN-13: 978-0-268-04421-3 (pbk. : alk. paper) ISBN-10: 0-268-04421-X (pbk. : alk. paper) 1. United States—Church history—19th century. 2. Evangelicalism— United States—History—19th century. 3. Catholic Church— United States—History—19th century. 4. Slavery—United States— History—19th century. 5. Christianity and politics—United States— History—19th century. I. Title. BR525.W34 2010 282'.7509034—dc22 2010024340 ∞ The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. © 2010 University of Notre Dame Press Introduction Between 1835 and 1860, evangelical pulpits and religious journals in the North aggressively attacked slaveholders and Catholics as threats to American values. Criticisms of these two groups could often be found in the same northern evangelical journal, if not on the same page. Words such as “despotism” and “tyranny” described both the theological condi- tion of the Catholic Church and the political condition of the South. Slavery and Catholicism were labeled incompatible with republican insti- tutions and bereft of the virtues necessary to sustain a democratic people. -
The Transformative Significance of the School Prayer Decisions
Pepperdine Law Review Volume 38 Issue 4 Article 1 4-20-2011 Constitutional Divide: The Transformative Significance of the School Prayer Decisions Steven D. Smith Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the First Amendment Commons Recommended Citation Steven D. Smith Constitutional Divide: The Transformative Significance of the School Prayer Decisions, 38 Pepp. L. Rev. Iss. 4 (2011) Available at: https://digitalcommons.pepperdine.edu/plr/vol38/iss4/1 This Article is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Constitutional Divide: The Transformative Significance of the School Prayer Decisions Steven D. Smith* I. INTRODUCTION II. CONTINGENCIES AND UNCERTAINTIES A. The Conclusion: Engel B. The Explanation: Schempp C. Unanswered Questions III. A CRAZY-QUILT, QUASI-CONSTITUTIONAL TRADITION A. The PerennialContenders B. Incompatible but (Sometimes) Indistinguishable C. Patterns ofDominance? D. The Conceptions as Quasi-Constitutional E. The Virtues of Quasi-Constitutionalism 1. Quasi-Constitutionalism as the Default Position 2. The Positive Advantages of Quasi-Constitutionalism F. On the Eve of the School PrayerDecisions IV. THE SIGNIFICANCE OF THE SCHOOL PRAYER DECISIONS A. How the Decisions Transformed ConstitutionalDoctrine 1. Secularism as the Doctrinal "Test" 2. The Significance of the Public Schools 3. The Importance of Prayer B. Why the Significance of the School PrayerDecisions Went Largely Unnoticed (by Their Supporters) V. TRANSFORMATIONS: THE CONSEQUENCES OF THE SCHOOL PRAYER DECISIONS A. -
The Role of Religious Values in Judicial Decision Making
Indiana Law Journal Volume 68 Issue 2 Article 3 Spring 1993 The Role of Religious Values in Judicial Decision Making Scott C. Idleman Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons, Courts Commons, and the Religion Law Commons Recommended Citation Idleman, Scott C. (1993) "The Role of Religious Values in Judicial Decision Making," Indiana Law Journal: Vol. 68 : Iss. 2 , Article 3. Available at: https://www.repository.law.indiana.edu/ilj/vol68/iss2/3 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. The Role of Religious Values in Judicial Decision Making SCOTT C. IDLEMAN* [U]nless people believe in the law, unless they attach a universal and ultimate meaning to it, unless they see it and judge it in terms of a transcendent truth, nothing will happen. The law will not work-it will be dead.' INTRODUCTION It is virtually axiomatic today that judges should not advert to religious values when deciding cases,2 unless those cases explicitly involve religion.' In part because of historical and constitutional concerns and in * J.DJM.P.A. Candidate, 1993, Indiana University School of Law at Bloomington; B.S., 1989, Cornell University. 1. HAROLD J. BERMAN, THE INTERACTION OF LAW AND RELIGION 74 (1974). 2. See, e.g., KENT GREENAWALT, RELIGIOUS CONVICTIONS AND POLITICAL CHOICE 239 (1988); Stephen L. -
From John F. Kennedy's 1960 Campaign Speech to Christian
NYLS Law Review Vols. 22-63 (1976-2019) Volume 53 Issue 4 Faculty Presentation Day Article 1 January 2008 From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics Stephen A. Newman New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons, Law and Politics Commons, Legal History Commons, Public Law and Legal Theory Commons, and the Religion Law Commons Recommended Citation Stephen A. Newman, From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics, 53 N.Y.L. SCH. L. REV. 691 (2008-2009). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 53 | 2008/09 STEPHEN A. NEWMAN From John F. Kennedy’s 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics ABOUT THE AUTHOR: Stephen A. Newman is a professor of law at New York Law School. The author would like to thank Joseph Molinari of the New York Law School library for his invaluable assistance in the preparation of this article. 691 At a time when we see around the world the violent consequences of the assumption of religious authority by government, Americans may count themselves fortunate: Our regard for constitutional boundaries has protected us from similar travails, while allowing private religious exercise to flourish. The well-known statement that “[w]e are a religious people,” has proved true. -
Europe (In Theory)
EUROPE (IN THEORY) ∫ 2007 Duke University Press All rights reserved Printed in the United States of America on acid-free paper $ Designed by C. H. Westmoreland Typeset in Minion with Univers display by Keystone Typesetting, Inc. Library of Congress Cataloging-in- Publication Data appear on the last printed page of this book. There is a damaging and self-defeating assumption that theory is necessarily the elite language of the socially and culturally privileged. It is said that the place of the academic critic is inevitably within the Eurocentric archives of an imperialist or neo-colonial West. —HOMI K. BHABHA, The Location of Culture Contents Acknowledgments ix Introduction: A pigs Eye View of Europe 1 1 The Discovery of Europe: Some Critical Points 11 2 Montesquieu’s North and South: History as a Theory of Europe 52 3 Republics of Letters: What Is European Literature? 87 4 Mme de Staël to Hegel: The End of French Europe 134 5 Orientalism, Mediterranean Style: The Limits of History at the Margins of Europe 172 Notes 219 Works Cited 239 Index 267 Acknowledgments I want to thank for their suggestions, time, and support all the people who have heard, read, and commented on parts of this book: Albert Ascoli, David Bell, Joe Buttigieg, miriam cooke, Sergio Ferrarese, Ro- berto Ferrera, Mia Fuller, Edna Goldstaub, Margaret Greer, Michele Longino, Walter Mignolo, Marc Scachter, Helen Solterer, Barbara Spack- man, Philip Stewart, Carlotta Surini, Eric Zakim, and Robert Zimmer- man. Also invaluable has been the help o√ered by the Ethical Cosmopol- itanism group and the Franklin Humanities Seminar at Duke University; by the Program in Comparative Literature at Notre Dame; by the Khan Institute Colloquium at Smith College; by the Mediterranean Studies groups of both Duke and New York University; and by European studies and the Italian studies program at the University of North Carolina at Chapel Hill. -
Nonestablishment, Standing, and the Soft Constitution
St. John's Law Review Volume 85 Number 2 Volume 85, Spring 2011, Number 2 Article 2 April 2014 Nonestablishment, Standing, and the Soft Constitution Steven D. Smith Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview Recommended Citation Smith, Steven D. (2011) "Nonestablishment, Standing, and the Soft Constitution," St. John's Law Review: Vol. 85 : No. 2 , Article 2. Available at: https://scholarship.law.stjohns.edu/lawreview/vol85/iss2/2 This Symposium is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. NONESTABLISHMENT, STANDING, AND THE SOFT CONSTITUTION STEVEN D. SMITHt It is not usual for legal scholars working in establishment clause jurisprudence-and it is especially not usual for me-to say nice things about what the Supreme Court has done to the subject. But that is what I mean to do today. I don't want to be too agreeable or cheerful, though, so this time, although commending the Court, I am going to take issue with the commentators. More specifically, I want to praise a recent development that most commentators seem to deplore-namely, the Court's recent practice of using the slightly disreputable doctrine of standing as a device to avoid deciding Establishment Clause cases on the merits. Thus, in Elk Grove Unified School District v. Newdow,' the Court used a dubious "prudential" standing doctrine to avoid deciding whether the words "under God" in the Pledge of Allegiance were unconstitutional. -
Fiestas and Fervor: Religious Life and Catholic Enlightenment in the Diocese of Barcelona, 1766-1775
FIESTAS AND FERVOR: RELIGIOUS LIFE AND CATHOLIC ENLIGHTENMENT IN THE DIOCESE OF BARCELONA, 1766-1775 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Andrea J. Smidt, M.A. * * * * * The Ohio State University 2006 Dissertation Committee: Approved by Professor Dale K. Van Kley, Adviser Professor N. Geoffrey Parker Professor Kenneth J. Andrien ____________________ Adviser History Graduate Program ABSTRACT The Enlightenment, or the "Age of Reason," had a profound impact on eighteenth-century Europe, especially on its religion, producing both outright atheism and powerful movements of religious reform within the Church. The former—culminating in the French Revolution—has attracted many scholars; the latter has been relatively neglected. By looking at "enlightened" attempts to reform popular religious practices in Spain, my project examines the religious fervor of people whose story usually escapes historical attention. "Fiestas and Fervor" reveals the capacity of the Enlightenment to reform the Catholicism of ordinary Spaniards, examining how enlightened or Reform Catholicism affected popular piety in the diocese of Barcelona. This study focuses on the efforts of an exceptional figure of Reform Catholicism and Enlightenment Spain—Josep Climent i Avinent, Bishop of Barcelona from 1766- 1775. The program of “Enlightenment” as sponsored by the Spanish monarchy was one that did not question the Catholic faith and that championed economic progress and the advancement of the sciences, primarily benefiting the elite of Spanish society. In this context, Climent is noteworthy not only because his idea of “Catholic Enlightenment” opposed that sponsored by the Spanish monarchy but also because his was one that implicitly condemned the present hierarchy of the Catholic Church and explicitly ii advocated popular enlightenment and the creation of a more independent “public sphere” in Spain by means of increased literacy and education of the masses. -
Religion and Civil Society in Massachusets: 1780-1833 Johann N
Western Washington University Western CEDAR History Faculty and Staff ubP lications History Fall 2004 The luE sive Common Good: Religion and Civil Society in Massachusets: 1780-1833 Johann N. Neem Western Washington University, [email protected] Follow this and additional works at: https://cedar.wwu.edu/history_facpubs Part of the History Commons Recommended Citation Neem, Johann N., "The Elusive Common Good: Religion and Civil Society in Massachusets: 1780-1833" (2004). History Faculty and Staff Publications. 4. https://cedar.wwu.edu/history_facpubs/4 This Article is brought to you for free and open access by the History at Western CEDAR. It has been accepted for inclusion in History Faculty and Staff Publications by an authorized administrator of Western CEDAR. For more information, please contact [email protected]. The Elusive Common Good Religion and Civil Society in Massachusetts, 1780-1833 JOHANN N. NEEM In 1810, Theophilus Parsons, the Federalist chief justice of the Massachusetts Supreme Court, argued that the state need not recog- nize voluntary churches, calling the idea "too absurd to be admitted." In contrast, the modern idea of civil society is premised on the right of individual citizens to associate and for their institutions to gain the legal privileges connected with incorporation.' Federalists did not share this idea. They believed that in a republic the people's interests and the state's interests were the same, since voters elected their own rulers. JohannN. Neem, AssistantProfessor of History,Western Washington Univer- sity, is a postdoctoral fellow at the Center on Religion and Democracy at the University of Virginia. At Virginia, he thanks his adviser Peter S. -
Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works
The first page of the Senate’s markup of the House-passed Bill of Rights, the first 10 amendments to the Constitution, ratified in 1791. “Article the First” was never ratified. The third and fourth articles were combined by the Senate into what it now the First Amendment. The second article, dealing with the pay of members of Congress, was ratified more than two centuries after it was sent to the states, in 1992. Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works By Christine Blackerby hat if we elected the President of the United WStates by lot—by pulling a ball representing a candidate out of a bowl? A constitutional amendment introduced in Congress in 1846 proposed precisely that. In 1838, one member of Congress shot another, prompting the introduction of an amendment to the Constitution to deny public office to duelers. A citizen wrote to Congress in 1963 to advocate for a constitutional amendment to require that Americans “tell the truth, the whole truth, and nothing but the truth.” Anyone who failed in that duty would be sen- tenced to 20 years of hard labor. These are just a few of the more than 11,000 consti- tutional amendments that have been proposed in Con- gress since the Constitution was written in 1787. Some of them were proposed to call attention to an issue, some as satire, some to allow a member of Congress to take a political stand, and some were very serious appeals to resolve pressing problems. Left: A mural by Barry Faulkner in the Rotunda of the National Archives Building depicts James Madison handing a copy of the Constitution to George Washington (far right). -
Human Nature
THE EMPIRE OF HUMAN NATURE MACHIAVELLI'S APPEAL TO THE ANCIENT REPUBLIC AND MONTESQUIEU'S CRITIQUE OF IT James Frederick Loucks III A thesis submitted in conformity with the requirernents for the degree of Doctor of Philosophy Department of Political Science University of Toronto Q Copyright by James Frederick Loucks III, 2000 National Library Bibliothèque nationale ISI of Canada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395, nie Wellington Ottawa ON K1A ON4 ûîtawaON K1AON4 Canada Canada The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Librq of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sell reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction su.papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts nom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. Abstract The Empire of Human Nature: Machiavelli 's Appeal to Antiquity and Montesquieu's Critique of It Ph.û. 2000 James Frederick Loucks III Departmen t of Poli tical Science University of Toronto This dissertation explores how Machiavelli and Montesquieu's contrary conceptions of human nature lead to radically divergent political prescriptions. -
Secular State, Religious People— the American Model
THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY RICE UNIVERSITY SECULAR STATE, RELIGIOUS PEOPLE— THE AMERICAN MODEL BY WILLIAM MARTIN HARRY AND HAZEL CHAVANNE SENIOR FELLOW IN RELIGION AND PUBLIC POLICY JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY RICE UNIVERSITY APRIL 2006 Secular State, Religious People—The American Model THIS PAPER WAS ADAPTED FROM PRESENTATIONS MADE BY THE AUTHOR AT THE INAUGURAL CONFERENCE OF THE BONIUK CENTER FOR THE STUDY AND ADVANCEMENT OF RELIGIOUS TOLERANCE AT RICE UNIVERSITY, SEPTEMBER 20, 2005, AND AS THE HOWARD MAHAN LECTURE AT THE UNIVERSITY OF SOUTH ALABAMA, MOBILE, FEBRUARY 9, 2006. THE RESEARCH AND VIEWS EXPRESSED IN THESE PAPERS ARE THOSE OF THE INDIVIDUAL RESEARCHER, AND DOES NOT NECESSARILY REPRESENT THE VIEWS OF THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY, © 2006 BY THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY OF RICE UNIVERSITY THIS MATERIAL MAY BE QUOTED OR REPRODUCED WITHOUT PRIOR PERMISSION, PROVIDED APPROPRIATE CREDIT IS GIVEN TO THE AUTHOR AND THE JAMES A. BAKER III INSTITUTE FOR PUBLIC POLICY. 2 Secular State, Religious People—The American Model Introduction Almost everywhere in the world where people are at war, religion plays a role, usually a negative one. In this country, religion contributes to a growing and disturbing polarization. Still, though not perfect in its record of religious tolerance, America has been remarkable in its success at avoiding faith-flavored wars and, overall, at granting freedom to a wide variety of religious expressions and practices over the past two centuries and a little more. That is a notable achievement in human history. -
Entanglements Between Church and State in America
151 CHAPTER FIVE THE AMERICAN COMMONWEALTH It has not been uncommon for historians to view America as an experimental laboratory in political theory and practice in which the American character is represented as a triumph of common sense over ideology. The title of one recent book, Inventing America, and the subtitle of another, How Europe Imagined and America Realized the Enlightenment, together reflect a long fascination with the Yankee 1 ingenuity of a nation of tinkerers. The history books often neglect to acknowledge the religious wellsprings of this spirit of practicality which gave substance to the desire for religious and political liberty. It may be true, as Sanford Cobb claimed, that "pure Religious Liberty ... may be confidently 2 reckoned as of distinctly American origin." But this liberty did not spring fully armored, like Athena, from the head of Zeus. Earlier Americans, including our major historians, generally regarded the settlement and development of our country less as a testimony to frontier inventiveness than as an indication of God's providential blessings. Franklin Littell offered the following synopsis of this motif: For many of our forefathers, at least, the planting of America represented a major break from past history and a radical advance into a new age. God had hidden America until such a time as the Reformation could guarantee that the religion planted on these shores would be pure and evangelical. Certain writers linked three great events by which God's Providence prepared the coming of the 152 New Age: (1) the invention of printing, whereby the Bible was made available to all; (2) the Reformation, whereby cult and confession were purified; (3) the discovery of America.