Puritans Here and Abroad

Whether it’s new books about the “city on a hill” metaphor or simply studies of the subject, Puritanism is hot (so to speak). Here is a new book that discusses Puritanism from an international perspective, exploring different varieties: Puritanism: A Transatlantic History (Princeton University Press), by David D. Hall.

“This book is a sweeping transatlantic history of Puritanism from its emergence out of the religious tumult of Elizabethan England to its founding role in the story of America. Shedding critical new light on the diverse forms of Puritan belief and practice in England, Scotland, and New England, David Hall provides a multifaceted account of a cultural movement that judged the Protestant reforms of Elizabeth’s reign to be unfinished. Hall’s vivid and wide-ranging narrative describes the movement’s deeply ambiguous triumph under Oliver Cromwell, its political demise with the Restoration of the English monarchy in 1660, and its perilous migration across the Atlantic to establish a “perfect reformation” in the New World.

A breathtaking work of scholarship by an eminent historian, The Puritans examines the tribulations and doctrinal dilemmas that led to the fragmentation and eventual decline of Puritanism. It presents a compelling portrait of a religious and political movement that was divided virtually from the start. In England, some wanted to dismantle the Church of England entirely and others were more cautious, while Puritans in Scotland were divided between those willing to work with a troublesome king and others insisting on the independence of the state church. This monumental book traces how Puritanism was a catalyst for profound cultural changes in the early modern Atlantic world, opening the door for other dissenter groups such as the Baptists and the Quakers, and leaving its enduring mark on what counted as true religion in America.”

Peace Cross Puzzlement

The Maryland Bladensburg Cross was allowed to stand. That’s the easy part. The hard part is what precisely prevented the Court–for the second time in as many Establishment Clause cases involving these kinds of issues (see also Town of Greece)–from cobbling together a majority opinion repudiating Lemon/endorsement and offering a new approach, even one limited to religious displays. Instead, we got:

  • a plurality opinion (joined by Justice Breyer) with lots of extremely critical commentary about Lemon/endorsement, but that does not overrule Lemon/endorsement even in this narrow area;
  • one concurrence that would have overruled Lemon/endorsement;
  • one concurrence that preserves Lemon/endorsement;
  • 4-6 votes for a history and tradition approach whose contours vary significantly depending on the justice;
  • two opinions concurring in the judgment that would have overruled Lemon/endorsement;
  • a dissent by Justice Ginsburg joined by Justice Sotomayor.

The puzzle: what prevented a majority from overruling Lemon/endorsement even in this specific area? Does Lemon/endorsement continue to apply in this area where the display is new and/or there is (lots of?) evidence of discriminatory motive? I find it difficult to understand how the extremely critical comments about Lemon/endorsement that four justices put their name to in the plurality, plus the views of another two justices that were ready to overrule Lemon/endorsement altogether, do not add up to some kind of actual overruling. Justice Kagan could certainly have written a concurrence in the judgment. Not to be, I’m afraid. Still, I’ll have more to say about the 4-6 votes for some variety or other of a history/tradition approach soon.

CLR in the HJLPP

I’m delighted to note the Center for Law and Religion edition of the latest issue of the Harvard Journal of Law and Public Policy. (Actually, it was entirely happenstance that one of Mark’s articles and one of my articles were published in the same issue.)

Mark’s piece is Masterpiece Cakeshop and the Future of Religious Freedom.

Mine is The Sickness Unto Death of the First Amendment.

Legal Spirits Episode 010: The New Abortion Laws

In this podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss a raft of new laws passed by several states regulating abortion. They explore the constitutionality of these laws under the regime established by Roe v. Wade and Planned Parenthood v. Casey, and they think through what the laws might suggest about the growing cultural divisions in America. Mark and Marc survey some of the most restrictive and most permissive of these new laws, talk about the Supreme Court’s recent per curiam opinion in Box v. Planned Parenthood and some of the internal dynamics on the present Court suggested by the opinion as respects abortion, and offer some perspective on the Court’s historic ambitions with respect to this deeply controversial subject. Listen in!

ADDENDUM: Our friend, Professor Carter Snead, points out two small errors in the podcast. First, recent studies have shown that with treatment, viability can begin as early as 22 weeks. Second, the Alabama law has exceptions for situations posing a serious health risk to the mother and where there is a possibility that the woman poses a serious physical health risk to herself because of a serious mental illness.

Blaming Evangelicals for Losing the Culture War

Here is a book that argues that Evangelicals have only themselves to blame for their defeats in the culture wars. They cast their lot with an immoral President, the book argues, and now they will reap the consequences. In the emerging divide between classical liberals and post-liberals in American conservative politics, the author clearly identifies with the former and has harsh words of criticism for the latter. An interesting salvo in the battle for Evangelical politics, itself reflecting the internal fragmentation within American conservatism. The book is The Immoral Majority: Why Evangelicals Chose Political Power Over Christian Values (HarperCollins), by Ben Howe.

“In 2016, writer and filmmaker Ben Howe found himself disillusioned with the religious movement he’d always called home. In the pursuit of electoral victory, many American evangelicals embraced moral relativism and toxic partisanship.

Whatever happened to the Moral Majority, who headed to Washington in the ’80s to plant the flag of Christian values? Where were the Christian leaders that emerged from that movement and led the charge against Bill Clinton for his deception and unfaithfulness? Was all that a sham? Or have they just lost sight of why they wanted to win in the first place? From the 1980s scandals till today, evangelicals have often been caricatured as a congregation of judgmental and prudish rubes taken in by thundering pastors consumed with greed and lust for power. Did the critics have a point?

In The Immoral Majority, Howe—still a believer and still deeply conservative—analyzes and debunks the intellectual dishonesty and manipulative rhetoric which evangelical leaders use to convince Christians to toe the Republican Party line. He walks us through the history of the Christian Right, as well as the events of the last three decades which led to the current state of the conservative movement at large.

As long as evangelicals prioritize power over persuasion, Howe argues, their pews will be empty and their national influence will dwindle. If evangelicals hope to avoid cultural irrelevance going forward, it will mean valuing the eternal over the ephemeral, humility over ego, and resisting the seduction of political power, no matter the cost. The Immoral Majority demonstrates how the Religious Right is choosing the profits of this world at the cost of its soul—and why it’s not too late to change course.”

On Legal Conservatism

Here is a new book that traces the history of American legal conservatism before its “arrival” in the 1980s. I’ll have more to say about this in the coming weeks, but I look forward to reading this worthwhile new book: Conservatives and the Constitution: Imagining Constitutional Restoration in the Heyday of American Liberalism (Cambridge University Press), by Ken I. Kersch.

“Since the 1980s, a ritualized opposition in legal thought between a conservative ‘originalism’ and a liberal ‘living constitutionalism’ has obscured the aggressively contested tradition committed to, and mobilization of arguments for, constitutional restoration and redemption within the broader postwar American conservative movement. Conservatives and the Constitution is the first history of the political and intellectual trajectory of this foundational tradition and mobilization. By looking at the deep stories told either by identity groups or about what conservatives took to be flashpoint topics in the postwar period, Ken I. Kersch seeks to capture the developmental and integrative nature of postwar constitutional conservatism, challenging conservatives and liberals alike to more clearly see and understand both themselves and their presumed political and constitutional opposition. Conservatives and the Constitution makes a unique contribution to our understanding of modern American conservatism, and to the constitutional thought that has, in critical ways, informed and defined it.”

Anti-Populism

Yesterday we posted a new book sympathetic to the new populism in American politics. Today, we post an unsympathetic new book that sees something unjustified and illegitimately entitled about the new populism, ascribing its rise to certain lacunae in progressive politics. The book is The New Populism: Democracy Stares into the Abyss (Penguin Random House), by Marco Revelli, an Italian academic and writer for the self-described communist paper, Il Manifesto.

“The word ‘populism’ has come to cover all manner of sins. Yet despite the prevalence of its use, it is often difficult to understand what connects its various supposed expressions. From Syriza to Trump and from Podemos to Brexit, the electoral earthquakes of recent years have often been grouped under this term. But what actually defines ‘populism’? Is it an ideology, a form of organisation, or a mentality? 

Marco Revelli seeks to answer this question by getting to grips with the historical dynamics of so-called ‘populist’ movements. While in the early days of democracy, populism sought to represent classes and social layers who asserted their political role for the first time, in today’s post-democratic climate, it instead expresses the grievances of those who had until recently felt that they were included.

Having lost their power, the disinherited embrace not a political alternative to -isms like liberalism or socialism, but a populist mood of discontent. The new populism is the ‘formless form’ that protest and grievance assume in the era of financialisation, in the era where the atomised masses lack voice or organisation. For Revelli, this new populism [is] the child of an age in which the Left has been hollowed out and lost its capacity to offer an alternative.”

Populist-Traditionalism in American Politics

Several new books have been documenting a new wave of politics in America: populist, low-middle class, traditionalist, “back row,” and other similar descriptions–a politics that blends together different features of the conventional left-right spectrum. Religious freedom seems to be part of the political equation for those who subscribe to it. Here is another book in this genre: The New American Revolution: The Making of a Populist Movement (Simon & Schuster), by Kayleigh McEnany.

“Kayleigh McEnany spent months traveling throughout the United States, conducting interviews with citizens whose powerful and moving stories were forgotten or intentionally ignored by our leaders. Through candid, one-on-one conversations, they discussed their deeply personal stories and the issues that are most important to them, such as illegal immigration, safety from terrorist attacks, and religious freedom.

The New American Revolution chronicles both the losses of these grassroots voters, as well as their ultimate victory in November 2016. Kayleigh also includes interviews with key figures within President Trump’s administration—including Ivanka Trump, Secretary Ben Carson, Jared Kushner, and many more—and their experiences on the road leading up to President Trump’s historic win. Kayleigh’s journey takes her from a family cabin in Ohio to the empty factories in Flint, Michigan, from sunny Florida to a Texas BBQ joint—and, of course, ends up at the White House.

The collective grievance of the American electorate reveals a deep divide between leaders and citizens. During a time of stark political division, Kayleigh discovers a personal unity and common thread of humanity that binds us nevertheless. Through faith in God and unimaginable strength, these forgotten men and women have overcome, even when their leaders turned their heads. An insightful book about the triumph of this powerful movement, The New American Revolution is a potent testament to the importance of their message.”

The Christian Cultural Age

A new book by the popular historian Tom Holland documents the depth of the cultural transformations brought on by Christianity, Dominion: How the Christian Revolution Remade the World (Basic Books).

“Crucifixion, the Romans believed, was the worst fate imaginable. It was this that rendered it so suitable a punishment for slaves. How astonishing it was, then, that people should have come to believe that one particular victim of crucifixion-an obscure provincial by the name of Jesus-had been a god. Dominion explores the implications of this shocking conviction as they have reverberated throughout history.

Today, the West remains utterly saturated by Christian assumptions. Our morals and ethics are not universal. Instead, they are the fruits of a very distinctive civilization. Concepts such as secularism, liberalism, science, and homosexuality are deeply rooted in a Christian seedbed. From Babylon to the Beatles, Saint Michael to #MeToo, Dominion tells the story of how Christianity transformed the world.”

Roosevelt the Christian

Here is what looks like a useful new book on FDR’s Christian beliefs and how they influenced his progressive politics: A Christian and a Democrat: A Religious Biography of Franklin D. Roosevelt (Eerdmans), by John F. Woolverton.

“When asked at a press conference about the roots of his political philosophy, President Franklin Roosevelt responded, “I am a Christian and a Democrat.” This volume—part of the popular and widely acclaimed Library of Religious Biography series—tells the story of how the first informed the second, showing how FDR’s upbringing in the Episcopal Church and education at the Groton School under legendary headmaster and minister Endicott Peabody formed him into a leader whose politics were fundamentally shaped by the social gospel.

A work begun by religious historian John Woolverton (1926-2014) and recently completed by James Bratt, A Christian and a Democrat is an engaging analysis of the surprisingly significant religious life of one of the most important presidents in US history. Reading Woolverton’s account of FDR’s response to the toxic demagoguery of his day will reassure readers today that a constructive way forward is possible for Christians, for Americans, for the world.”