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Secular Not Secularist America, Michael Scaperlanda Jan 2011

Secular Not Secularist America, Michael Scaperlanda

Campbell Law Review

Other contributors to this symposium see "liberalism"' as the problem and "God" as the solution.' To a large extent, Ithink they have it backwards. "God" is the problem to which "liberalism" provides a particularly creative solution. Power hates a rival,' and God - or allegiance to an all-embracing monotheistic God - poses a significant threat to power because the wild faith of the martyr cannot be tamed by civil authority.


Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell Jan 2011

Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell

Campbell Law Review

Classic liberal legal thought has clearly been shaped by the influence of Christianity. But in recent years, the movement, like ancient Gnosticism, has some Christian elements, but has become a decidedly anti-Christian force in the courts. This comparison tracks well with the analysis of other parallel modern intellectual movements by the political scientist Eric Voegelin. It is also supported by current events such as the recent Federal District Court opinion by Chief Judge Vaughn Walker in Perry v. Schwartzenegger. Liberalism has transformed from an attempt at neutrality, to an established religion that not only promotes its own perverse version of …


Enlightenment Liberalism, Lawyers, And The Future Of Lawyer-Client Relations, Robert F. Cochran Jr. Jan 2011

Enlightenment Liberalism, Lawyers, And The Future Of Lawyer-Client Relations, Robert F. Cochran Jr.

Campbell Law Review

I am going to address, from a Christian perspective, liberalism's relationship to the role and responsibility of the lawyer. Whether a United States lawyer could define Enlightenment liberalism or not, it is likely that the role he or she plays as an attorney every day was in large part shaped by liberalism's focus on individual autonomy. At the request of the conference organizers, I am also going to reflect on the future of lawyerclient relations.


Were The Framers - And The Writers Who Influenced Them - Unable To Foresee The Extent Of Secularization That Could Result From The Separation Of Church And State?, Teresa M. Blake Jan 2011

Were The Framers - And The Writers Who Influenced Them - Unable To Foresee The Extent Of Secularization That Could Result From The Separation Of Church And State?, Teresa M. Blake

Campbell Law Review

While the United States is filled with religious sects, denominations, worshippers, and even fanatics, the truth is that American society has become largely secular.' When analyzing society's trend toward secularization from a legal perspective, it is only natural to begin with the Establishment Clause of the First Amendment 2-the clause responsible for the separation of church and state. But is today's secular society really the brainchild of the Framers of the Constitution? Or is it an unintended result that was far beyond their realm of foreseeability? This Comment addresses these questions by surveying the writings of several influential Constitutional Framers. …


Is Constitutionalism Liberal?, Bruce P. Frohnen Jan 2011

Is Constitutionalism Liberal?, Bruce P. Frohnen

Campbell Law Review

Let me begin with the obvious: I am not claiming that any scholar, or educated person, believes that the only constitutions that have ever existed have been liberal. Everyone knows or should know that, for example, the Greek constitutions of Solon, Lycurgus, and others discussed in Aristotle's Politics predate liberalism by many centuries.' Moreover, constitutions come in a wide variety of forms, and many of these, whether written or unwritten, have explicitly been illiberal. What I maintain is that there is a prejudice among lawyers in particular that constitutions must be liberal in order to be worthy of the name. …


Between Liberalism And Theocracy, John D. Inazu Jan 2011

Between Liberalism And Theocracy, John D. Inazu

Campbell Law Review

Our symposium conveners have focused us on "the relationship between liberalism and Christianity and their influence on American constitutionalism."' My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are …


"Causing The Blood To Flow Where I Touched Him" - Liberalism, Constitutionalism, Christianity, And The "War" At Covey Farm, Anthony V. Baker Jan 2011

"Causing The Blood To Flow Where I Touched Him" - Liberalism, Constitutionalism, Christianity, And The "War" At Covey Farm, Anthony V. Baker

Campbell Law Review

I will begin my critique by going directly to the source here, the famous Philadelphia Constitutional Convention of 1787, and ask us to look somewhat carefully at the work of the "founders" there, in considering the ultimate integrity of the product they fashioned and the world they "created." That they gave us a classical liberal wonder, with tenets of that philosophy writ large in government for the very first time, is undeniable, though it will be submitted that they gave us "something else" as well. It is right for us then to explore that "something else," not abstractly, through ideas, …