Background
Hamburger, Philip Andrew was born in 1957.
( In a powerful challenge to conventional wisdom, Philip...)
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
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Hamburger, Philip Andrew was born in 1957.
Bachelor in History summa cum laude, Princeton University, 1979. Juris Doctor, Yale University, 1982.
Associate Schnader, Harrison, Segal & Lewis, Philadelphia, 1982—1985. Associate professor University Connecticut School Law, 1985—1988, professor, 1988—1992. Professor law & legal history George Washington University National Law Center, 1992—1995, Oswald Symister Colclough research professor law, 1995—2000.
John P. Wilson professor law University Chicago Law School, since 2000, also Herbert and Marjorie Fried research scholar, director legal history program. Visiting associate professor University Virginia Law School, 1986. Visiting professor George Washington University National Law Center, 1991—1992, University Chicago Law School, 2000.
Jack N. Pritzker distinguished visiting professor law Northwestern University School Law, 1999.
( In a powerful challenge to conventional wisdom, Philip...)
Member of American Society Legal History (program committee chair 1993-1994, member nominating committee 1998—2001, board directors since 2004, Sutherland Prize 1991, 1995), American Association Law Schools (chair provisional section on scholarship 1995).
