The best books on the separation of church and state in the American founding

This is the book that first piqued my interest in the often contentious relations between church and state in American political and constitutional history, and it inspired my lifelong study of this topic. Although not without its problems, Robert L. Cord’s book offered a bracing critique of the U.S. Supreme Court’s mid-20th-century version of “history,” which the justices said confirmed the founders’ intent to erect a “high and impregnable” wall of separation between church and state.

The book questioned the foundations of the Court’s church-state jurisprudence and invited readers to reconsider the founding generation’s prudential and constitutional views on church-state relations.

This is perhaps the most talked-about book of the last generation on church-state relations. It offers a sweeping survey of the conceptions and rhetoric of church-state separation in American political and legal traditions from colonial times to the mid-20th century.  

Philip Hamburger challenges the notion that “separation of church and state,” as developed in 20th-century jurisprudence, is a fundamental American principle deeply embedded in the nation’s political and constitutional traditions. Rather, he argues, the rhetoric of separation emerged from the cynical politics of late-18th-century disestablishment battles and was picked up in the next century by nativists seeking to marginalize Catholics (while preserving Protestant hegemony) and by liberals intent on establishing a secular polity. I read few pages in this book that failed to prompt reflection or challenge long-held assumptions.

This elegantly crafted book examines two centuries of American history with remarkable clarity and brevity, revealing a vital, sustained, and salutary role played by a vibrant religious culture in the colonies and new nation. James H. Hutson, former Chief of the Manuscript Division at the Library of Congress, wrote Religion and the Founding of the American Republic to accompany the Library’s 1998 exhibition of the same title.

I am also drawn to the book’s many visual images–paintings, photographs, cartoons, document facsimiles, etc.–illustrating religion’s role in American political culture. I often recommend this slender volume as the best short history of religion’s role in American public life from the colonial era to the early 19th century.

This is a thoughtful, balanced study of the history, traditions, controversies, theories, and jurisprudence that shaped the American experiment in religious liberty. Originally published by John Witte, Jr., an eminent scholar of law and religion, this book is now in its 5th edition with two co-authors. In that lively experiment, Witte writes, all religious faiths “had to stand on their own feet and on an equal footing with all other faiths,” free from coercion by or the support of civil government.

Drawing on theological, political, legal, and comparative sources and methods, the authors masterfully distill a complex and controversial story into a lucid and engaging narrative. I frequently pull this book off the shelf for basic information, commentary, and insights on the “essential rights and liberties” of religion in America.

Mark David Hall’s engaging book revisits the persistent myth that the American founding was a strictly secular project. He investigates, among other topics, whether the American founders were, as is often claimed, all deists who framed a strictly secular or even “godless” Constitution. Did the founders, he asks, erect a high wall of separation between church and state, thereby restricting religion’s role in public life? 

These are not questions of merely academic interest; rather, as Hall explains, they have implications for law and public policy today. His insightful book compels lay readers and seasoned scholars alike to reconsider conventional views regarding religion’s role in American history and political tradition.