Religion and State in the American Jewish Experience: a Documentary History

Overview

For the first time, Religion and State in the American Jewish Experience makes available critical documents which have shaped debate over religion and state issues throughout the course of American Jewish history. Following a comprehensive historical introduction, Professors Jonathan D. Sarna and David G. Dalin present a wide range of primary source materials which articulate the different positions held within the American Jewish community on numerous past and present church-state issues, including the ...
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Overview

For the first time, Religion and State in the American Jewish Experience makes available critical documents which have shaped debate over religion and state issues throughout the course of American Jewish history. Following a comprehensive historical introduction, Professors Jonathan D. Sarna and David G. Dalin present a wide range of primary source materials which articulate the different positions held within the American Jewish community on numerous past and present church-state issues, including the constitutionality of former state Sunday Laws, or "blue laws"; whether or not Orthodox Jews serving in the military should be permitted to wear yarmulkes while in uniform; whether Jewish prisoners have a right to kosher food; whether prayer, nonsectarian or otherwise, should have any role in public schools; whether menorahs should be displayed alongside Christian symbols such as creches during the Christmas season; or whether all types of religious symbols should be banned from public arenas.
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Product Details

  • ISBN-13: 9780268016548
  • Publisher: University of Notre Dame Press
  • Publication date: 9/1/1997
  • Pages: 368
  • Product dimensions: 6.18 (w) x 9.20 (h) x 1.11 (d)

Table of Contents

Preface
Introduction: American Jews and Church-State Relations: The Search for "Equal Footing" 1
1 The Colonial Era 39
1 The Right to Settle and Trade 41
2 Religion and State in Colonial Law 45
3 Naturalization 53
4 The Lopez-Elizer Incident 57
2 The New Nation 61
1 Widening Religious Liberty in the States 63
2 The Battle over Religious Freedom in Virginia 66
3 Jews Appeal for Religious Equality 69
4 The Federal Constitution and the Jews 74
5 "To Bigotry No Sanction, To Persecution No Assistance" 77
3 In Search of Equal Footing 81
1 Jacob Henry Demands the Right of Conscience 82
2 Shearith Israel Seeks State Funds for Religious Education of the Poor 85
3 Mordecai Noah Protests His Recall from Tunis 89
4 "An Israelite" Condemns Christian Missions as Unconstitutional 92
5 The Maryland Jew Bill 94
4 Christian America or Religious America? 99
1 The Case for Christian America 100
2 The Case for Religious Equality 102
3 New York Debates the Appointment of State Chaplains 105
4 Thanksgiving Day Proclamations and Jewish Dissents 111
5 Reassurances from President Tyler 121
5 In Defense of Jewish Rights 125
1 The Swiss Treaty 126
2 The Chaplaincy Bill 129
3 General U.S. Grant's General Order No. 11 131
4 The Proposed Christian Amendment to the Constitution 134
6 Sunday Laws 139
1 Petition for a Limited Exemption 140
2 The Case against Sunday Laws 142
3 The Judicial Defense of Sunday Laws 147
4 The Limits of Sabbath Legislation 152
5 Drafting an Exemption 154
6 The Call for Two Weekly Rest Days - The Five-Day Week 156
7 The Supreme Court Rules 159
7 The Shift to Separationism 167
1 Max Lilienthal Protests 168
2 For a Secular America 171
3 Against Religious Legislation 172
4 Justice Brewer and the Jews 174
8 Religion in the Public Schools 181
1 "Temples of Liberty Unpolluted": The Development of Jewish Attitudes toward the Public Schools 184
2 The Nineteenth-Century Case for Nonsectarian Public Schools 186
3 Should the Bible Be Read in the Public Schools? 190
4 Nonsectarian Education in the Public Schools 197
5 The Debate over the Gary "Released Time" Plan 203
6 Preserving the Rights of Nonpublic Schools 208
7 Prayer in the Public Schools - The Debate over Engel v. Vitale 211
8 Christmas in the Public Schools 216
9 Lee v. Weisman and the Continuing Issue of Public School Prayer 223
9 Religion and the State: The New Consensus 227
1 Jewish Legal Action through the Courts 228
2 Leo Pfeffer: Apostle of Strict Separationism 233
3 Safeguarding Religious Liberty: The "Official" Jewish Position on Church-State Relationships 236
10 A Question of Priorities 245
1 Will Herberg and the Jewish Critique of Strict Separationism 247
2 The Debate over State Aid to Parochial Schools 255
3 The Rise of COLPA 261
4 The Breakdown of Consensus 264
11 Old Principles and New Rights: The Free Exercise Debate 271
1 Do Jews Have the Legal Right to Observe the Sabbath? 273
2 Do Jewish Prisoners Have the Legal Right to Kosher Food? 276
3 Does a Jewish Soldier Have the Legal Right to Keep His Head Covered? 278
4 Can a Secular Judge Compel a Religious Divorce? 281
5 Do Jews Have the Legal Right to Light a Menorah in the Public Square? 288
Suggestions for Further Reading 301
Sources and Acknowledgments 311
Index 323
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