Farewell to Christendom: The Future of Church and State in America

By Thomas J. Curry | Go to book overview
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NOTES

I. Setting the Context
1
Austin Flannery, O. P., ed., Vatican Council II:The Conciliar and Post Conciliar Documents (Collegeville, Minn.: Liturgical Press, 1975), 799–812.
2
Everson v. Board of Education, 330 U. S. 1 (1947). Cases are also available and searchable online at http://www.findlaw.com/. On the present crisis, see, for example, Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (New York: Oxford University Press, 1995), v—vi.
3
The Court's use of history in its 1947 interpretation has been critiqued from the beginning and continues to be the source of discussion. See especially Mark DeWolfe Howe, The Garden and the Wilderness: Religion and Government in American Constitutional History (Chicago: University of Chicago Press, 1965) and Douglas Laycock, “Nonpreferential Aid to Religion: A False Claim about Original Intent, William & Mary Law Review 27 (1986): 875–923, forareview of many of these works. Critics of the Court have generally failed in their arguments because they have attacked the Court's conclusions while accepting its erroneous assumptions.
4
See Thomas S. Kuhn, The Structure of Scientific Revolutions (Chicago: University of Chicago Press, 1970), for an explanation of paradigms. This work does not provide a review of the available literature on the First Amendment, much less a critique of that literature. My intention is neither to ignore nor dismiss previous literature but to build on differing assumptions than those accepted by almost all modern writers on this subject. Neither does this work proceed on the assumption that arguments originating under a different paradigm are all false. For a recent bibliography on Church and State, see John Witte, Jr., Religion and the American Constitutional Experiment: Essential Rights and Liberties (Boulder, Colo.: Westview Press, 2000), 341–361.

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