Re: Separation of Church & State and the Founders' Intent
Christopher, you cite Lawrence Tribe, in support (I think) of your contention that the Founders were not at one in seeking "separation of church and state" (as opposed to simply "keeping the state from establishing any given religion").
He identifies three views: the evangelical view, which was to protect the churches against worldly corruption (interesting that here the purpose was to protect the churches, not to protect the state!); the Jeffersonian view, to safeguard secular interests against ecclaistical depredations and incursions; and the Madisonian view, to advance both religious and secular interests by diffusing and decentralizing power so as to asure competition among sects rather than dominance by any one.
I presume that the typical representative of the first view is supposed to be Roger Williams. Does it really matter whether Williams, Jefferson, and Madison approached the same position from three different angles (if in fact they did)? The point is that all three of them did concur on the need to erect a "wall of separation" between church and state, as I noted in the following two posts:
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I'm not equipped to argue with Lawrence Tribe, or with any other legal scholar, for that matter. But legal scholars of course can disagree with one another. I have seen rave reviews of the following books, which I have not read. Are you familiar with any of them?
Isaac Kramnick, R. Laurence Moore: The Godless Constitution : The Case Against Religious Correctness
New. Kramnick is Professor of Government at Cornell, has written widely on the "intent" of the Founding Fathers.
Leo Pfeffer: Church, State, and Freedom
The late Leo Pfeffer was a practicing lawyer, as well as a scholar. having argued many cases before the Supreme Court (and winning most of them).
Derek H. Davis: Original Intent
Dr. Davis is director of studies at the Institute of Church-State Studies at Baylor University, and editor of its journal ("Journal of Church and State").
Leonard W. Levi: The Establishment Clause
Then there are some excellent specialized journals (which I have had the opportunity to take a peek -- but no more than a peek -- at):
The Journal of Law and Religion
Journal of Church and State
Incidentally, I don't think that all your examples really demonstrate practical "accomodationism." For example, all sorts of non-profit organizations get tax breaks, including religious ones. (But what happens with the tele-evangelists who turn religion into a profit-making activity? The Pat Robertsons as well as the Jim Bakkers???) Churches also constitute a component in civil society, as they notably did during the civil rights movement; thus, I do not regard the collaboration of the feds with local churches involved in the struggle against segregation to be a case of church-state "accomodationism."
Joan
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