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Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Journal Articles
England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …
The No Religious Test Clause And The Constitution Of Religious Liberty: A Machine That Has Gone Of Itself, Gerard V. Bradley
The No Religious Test Clause And The Constitution Of Religious Liberty: A Machine That Has Gone Of Itself, Gerard V. Bradley
Journal Articles
The article VI ban on religious tests for federal offices is the sole provision on the topic of religion in the original Constitution. Since the seminal Everson decision in 1947 the courts and commentators have labored mightily to craft a thoroughgoing constitutional philosophy of church and state, in recognition of the profoundly problematic relationship between religion and law in our society. Yet none has looked carefully at the test clause for guidance. This Article does just that. Professor Bradley argues that notwithstanding the complete absence of attention to article VI, its story tells us all we need to know about …