Thursday, November 13, 2014
Witte on "The Shifting Walls of Separation"
Prof. John Witte (Emory) has posted a (natch) excellent essay, "The Shifting Walls of Separation Between Church and State in the United States." Here's the abstract:
This article analyses five distinct understandings of separation of church and state in the American founding era of 1776-1812 and the continued influence and manifestations of each of these five understandings in current American constitutional law. The last section argues that separation of church and state is a valuable constitutional ideal, so long as it is used prudentially not categorically, and so long as it remains balanced with other founding principles of religious freedom.
One of my very first publications, as a law professor, was a short Green Bag review of what was then (in 2000) Witte's new book, Religion and the American Constitutional Experiment. I have been learning from him ever since!
https://mirrorofjustice.blogs.com/mirrorofjustice/2014/11/witte-on-the-shifting-walls-of-separation.html