Church, State, and the Crisis in American Secularism

Contents

C o n t e n t s· Preface xi· Acknowledgments xv· Introduction xvii· Part 1. The Establishment Clause Crisis 1 1 What We Say: The Supreme Court’s Promise of Government Neutrality toward Religion 3 2 What We Do: The Failure of the Supreme Court to Redeem the Promise of Government Neutrality 24 3 Why Only the People and Not History Can Resolve the Establishment Clause Crisis 46 4 Proposals That Have Failed to Resolve the Establishment Clause Crisis 72· Part 2. Using Government Speech and Higher Law to Resolve the Establishment Clause Crisis 95 5 The Establishment of Higher Law 97 6 Using Religious Symbols to Establish Higher Law 120 7 Applying Higher Law in Church/State Issues 143 · Part 3. Using the Higher Law Establishment Clause to Save Secularism 169 8 The Failure of Secularism under the New Atheism 171 9 The New New Secularism and the Higher Law 190 10 Is God a Universal Symbol? 210 11 The New Politics of Higher Law Secularism 229· Conclusion: Perfecting Democracy 246· Notes 249· Selected Bibliography 267· Index 271 ...