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Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell
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 …
Between Liberalism And Theocracy, John D. Inazu
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 …
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. …