Samuel Seabury Leverages The Church of England into Communion With American Episcopalians

If it's fair to even call it "communion."

If we want to understand the political theology of the American founding and its attendant religious liberty and establishment issues, we need to understand the dynamic of how The Church of England (Anglicans) dealt with the separation.

The "official rules" of the Church of England held that the Monarch was head of both Church and State. The top clerical official is the Archbishop of Canterbury, who "reports" to the Monarch. If one did not affirm the Monarch's rightful place as leader of the Church, one could face severe legal penalties from both the civil magistrate as well as Church canons, up to and including excommunication. 

I've noted before the irony that so many of America's leading Founding Fathers were Anglicans, and what they technically did was rebel against the head of their Church. If they were "Anglican fundamentalist" (high church types who followed every single rule of the C of E down to the letter), they would have been Tories and submitted to the King, because that's what the Church officially taught. 

But even in Mother England, high church Anglicanism of the "fundamentalist" variety wasn't the only game in town in the C of E, even if perhaps it prevailed. Even King George III, about whose personal religious convictions I'm not exactly sure, I seriously doubt was an "Anglican fundamentalist" (even though that theology benefited his self interest). I'm assuming "the Christian King" was some kind of orthodox Trinitarian Anglican (?); but the attitude of the Monarchy towards America, up until things got heated with their dispute seemed to be one of (as the late Sen. Daniel Patrick Moynihan put it in an entirely different context) "benign neglect." 

The variety of Anglicanism that appealed to the Whig Patriots of the American founding was that of "low church latitudinarianism." Latitudinarianism literally means "doctrinal latitude." Now, most of these latitudinarians were probably "orthodox" on the Trinity and related doctrines; but not all of them. Or at least, their "doctrinal latitude" made room for more deistic and unitarian minded theists to feel comfortable in the Church.

If one wants a name of a latitudinarian figure that America's founders greatly respected, look up Bishop Benjamin Hoadly. 

Over in America during the revolution, Bishop William White was concerned that the conflict would fracture the Church. And his concerns were valid. As a matter of technicality, the Church of England only had jurisdiction in England. If America is no longer England, then the Church of England no longer exists there, even if the buildings and believers remain. Many of the believers left. The revolution indeed gutted the C of E in America. 

But when America successfully rebelled, the C of E in America, by necessity had to "start over." The Anglican hierarchy in England no longer had any power or jurisdiction over America. Ultimately what ended up happening was because Bishops White and Samuel Seabury (and other Anglican power players in America) were committed to historic Anglican orthodoxy, what emerged in American Episcopalianism was something traditional and orthodox.

It didn't have to be that way though. In New England, one of the Anglican Churches, King's Chapel went unitarian after the split. Indeed, if Bishop James Madison whom many suspected was heterodox, got his druthers and was in charge of rewriting the rules for Southern Anglicans and got his cousin and namesake and Thomas Jefferson to assist, we could have had a Unitarian Episcopalian system there too.

But what of the issue of "communion" among American and English Anglicans, post revolution? The first American Bishop was Samuel Seabury, a Tory loyalist and "The Farmer" whom Alexander Hamilton purported to "refute." He was jailed during the revolution for his loyalism. But after America won, he wished to remain and help rebuild the C of E in America, now as The Protestant Episcopal Church. 

Seabury traveled to Great Britain to get consecrated by the C of E. But he ran into a problem. The then extant rules officially demanded he take an oath of loyalty to the crown. Seabury wisely refused because he knew that wouldn't fly in America. But he got consecrated anyway by the Scottish Episcopal Church, composed of non-juring Bishops who "borrowed" from the Church of England's theology, but without recognizing any of their authority. 

So at that time, Seabury was America's first and only existing Bishop and was in communion with a church that was in schism with the Church of England. This turned out to be a wise and strong move on Seabury's part. Great Britain ended up changing its rules to accommodate America's new situation. They apparently did NOT want American Episcopalians to be in communion only with the schismatic Jacobite Church.

So they relented and consecrated the next three American Bishops, William White, Samuel Provost and James Madison. In the Church of England. And I'm assuming without the "loyalty to the crown" oaths. 

John Adams' FU Letter to Jedidiah Morse

This is another post of mine from 2008 on John Adams' response to one Jedidiah Morse on the concept  of Unitarianism. 

Adams was a fervent theological unitarian who militantly and bitterly rejected the doctrine of the Trinity. In 1815, he gets a letter from one Jedidiah Morse who attacked unitarianism, which was then growing in popularity.

Adams responded with an FU letter featured that you can read in its entirety here. To his credit, Adams tries to occupy a reasonable middle ground between the Trinitarian Calvinist fundamentalist "orthodoxy" Morse was trying to enforce and the more radical philosophical deism that was in the "air" of that era.

When Adams uses the term "Athanasianism," he refers to the traditional Trinitarian orthodoxy of St. Athanasius who defended the Nicaean creed in 325AD against Arius (Adams was on Arius' side). Athanasius also later first (meaning he literally was the first early church father or figure to do so) articulated the 27 books of the New Testament as an exclusive list in 367 AD (something Adams mistakenly thought was done in Nicaea; and Adams didn't have any kind of confidence in the biblical canon partly because of such).

But on to Adams' quotation:

... More than fifty years ago, I read Dr. Clarke, Emlyn, and Dr. Waterland: do you expect, my dear doctor, to teach me any thing new in favour of Athanasianism? — There is, my dear Doctor, at present existing in the world a Church Philosophick. as subtle, as learned, as hypocritical, as the Holy Roman Catholick, Apostolick, and Ecumenical Church. The Philosophical Church was originally English. Voltaire learned it from Lord Herbert, Hobbes, Morgan, Collins, Shaftsbury, Bolingbroke, &c. &c. &c. You may depend upon it, your exertions will promote the Church Philosophick, more than the Church Athanasian or Presbyterian. This and the coming age will not be ruled by inquisitions or Jesuits. The restoration of Napoleon has been caused by the resuscitation of inquisitors and Jesuits.

I am and wish to be 

Your friend, 

JOHN ADAMS 

Quincy, May 15th, 1815.

Revisiting George Washington and Richard Price

I wrote this in 2008. It's not bad. Though, I think I could have written a stronger piece. The point I take from intensely studying George Washington's personal and political theology is that, aside from certain minimal points on which we all should agree, Washington leaves a bit of mystery because of his silence on the matter.

The minimal points are as follows: 1. devout belief in a warm Providence; 2. the importance of "religion" (generally defined) in helping to promote the morality of a virtuous citizenry on which republics depend; and 3. because "Christianity" is a "religion," a general endorsement of "Christianity" without necessarily endorsing orthodox Christianity's narrow claims. 

I do NOT see Washington as a Trinity and Incarnation believing "orthodox Christian," but rather something else. But I would agree that there are ambiguities in the record (and, to me, they seem purposeful on Washington's part).

But it's in trying to "fill in" these gaps -- the "detective work" -- that leads to a temptation: To incorporate the words of other people and institutions and put them in Washington's mouth or at least into his personal convictions. So, Washington was an Anglican; and Anglicanism has spilled a lot of words on what it stands for. Let us then assume that this is what Washington believed. OR, Washington was a collector of sermons; let us then assume he believed in all the content of the sermons he collected. OR, Washington corresponded with various religious figures and organizations of his day and said nice things to them; let us then assume he agreed with them on all of their doctrinal points.

All of those assumptions I described above are problematic. 

As I noted in my above mentioned 2008 post, one of the theologians that was the subject of Washington's brief correspondence was the legendary British Arian Richard Price. Price gave an "address" -- perhaps it could be classified as a "sermon" because Price was among other things, a minister -- entitled "Observations on the Importance of the American Revolution." 

Price was a theologically liberal, rationalistic Arian. I use the terms "liberal" and "rationalistic" because Price actually uses those terms to describe his creed in this address:

It is indeed only a rational and liberal religion, a religion founded on just notions of the Deity as a being who regards equally every sincere worshipper, and by whom all are alike favoured as far as they act up to the light they enjoy, a religion which consists in the imitation of the moral perfections of an almighty but benevolent governor of nature, who directs for the best all events, in confidence in the care of his providence, in resignation to his will, and in the faithful discharge of every duty of piety and morality from a regard to his authority and the apprehension of a future righteous retribution. It is only this religion (the inspiring principle of every thing fair and worthy and joyful and which in truth is nothing but the love of God and man and virtue warming the heart and directing the conduct) — it is only this kind of religion that can bless the world or be an advantage to society. This is the religion that every enlightened friend to mankind will be zealous to promote. But it is a religion that the powers of the world know little of and which will always be best promoted by being left free and open.

I cannot help adding here that such in particular is the Christian religion. ...

Now, Price's personal "Christian" convictions were, as noted above, Arian (the belief that Jesus, the Son of God, is NOT God the Son, but rather a created being who is higher than the highest angel, but not fully God Himself). Though, Price's address doesn't stress the Arianism (as I initially first thought when reading it). 

Price does say the following: 

Perhaps nothing more shocking to reason and humanity ever made a part of a religious system than the damning clauses in the Athanasian creed and yet the obligation of the clergy to declare assent to this creed, and to read it as a part of the public devotion, remains. 

Again, Price was an Arian; the Athanasian Creed was a Trinitarian one that has "clauses" that "damn" people (like Price himself) for not believing in the Trinitarianism expressed there. However, other Trinitarian creeds, most notably the Nicene, were more central. Theologically unitarian Founding Fathers and their influences like Price often did use the term "Athanasian" as a shorthand for "Trinitarianism" (mainly because of St. Athanasius' role in defending the Trinity during the Council of Nicaea).  

But in rereading Price's address, it seems more of an attack on that particular part of the Athanasian creed than promotion of theological unitarianism. Though, Price does describe the "latitudinarian" landscape of the Church of England at his time and how unitarians and other dissenters like himself "fit in" there:

The Church Establishment in England is one of the mildest and best sort. But even here what a snare has it been to integrity? And what a check to free enquiry? What dispositions favourable to despotism has it fostered? What a turn to pride and narrowness and domination has it given the clerical character? What struggles has it produced in its members to accommodate their opinions to the subscriptions and tests which it imposes? What a perversion of learning has it occasioned to defend obsolete creeds and absurdities? What a burthen is it on the consciences of some of its best clergy who, in consequence of being bound down to a system they do not approve, and having no support except that which they derive from conforming to it, find themselves under the hard necessity of either prevaricating or starving? No one doubts but that the English clergy in general could with more truth declare that they do not, than that they do, given their unfeigned assent to all and everything contained in the Thirty-nine Articles and the Book of Common-Prayer; and yet, with a solemn declaration to this purpose, are they obliged to enter upon an office which above all offices requires those who exercise it to be examples of simplicity and sincerity. Who can help execrating the cause of such an evil?

Bold face is mine.  

"Latitudinarianism" means "doctrinal latitude." Not all latitudinarians were unitarian; but as I understand the record, some/many were. People part of the Church of England in Richard Price's day -- including ministers -- didn't necessarily buy into everything the Church "officially" taught. 

Well, what does this have to do with George Washington? 

For one, Washington endorsed Price's address. As he wrote to BENJAMIN VAUGHAN, February 5, 1785:

Sir: I pray you to accept my acknowledgment of your polite letter of the 31st. of October, and thanks for the flattering expressions of it. These are also due in a very particular manner to Doctr. Price, for the honble mention he has made of the American General in his excellent observations on the importance of the American revolution addressed, "To the free and United States of America," which I have seen and read with much pleasure.

Now, I agree it's a bridge too far to treat this like a "smoking gun" that proves Washington agreed with every word of this address. 

But this is generally how Washington corresponded with various religious figures of his day who sent him items for his perusal. He gave polite, perfunctory "thank yous" and imprimaturs. But the different individuals and groups who sought his approval, which he most often gave, taught contradictory things on "doctrinal" matters and the like. 

So, it's also a mistake to cherry pick from the polite correspondence Washington had with more orthodox theologians and groups and assume that Washington personally shared their beliefs. Likewise, because Washington was affiliated with the Anglican Church, it's a mistake to assume he believed in all of their doctrines. If Washington were an Anglican fundamentalist, he'd be a Tory. And as we've seen above from Price's testimony, plenty of Anglicans, including ministers from that area "dissented" from or otherwise rejected "official" doctrine like that found in the Thirty-nine Articles and the Book of Common-Prayer.

As I look at the "big picture" I see Washington's personal creed as closer to Price's than that of the more traditional orthodox types of his day; however, even there, we have uncertainty. Washington could have been even further from conventional Christianity than Price was. He could have been more Socinian and Deistic (though, as noted above Washington clearly believed in a warm Providence). 

Arnold's Article on James Madison, Anti-Christian Nationalist

This is is very thorough and well argued article from a brilliant young scholar, Gordon Dakota Arnold. He sympathizes with the perspective of more accommodation of traditional, conservative Christianity in public life. The article is a good reminder that America's Founders weren't always on the same page. But we can make observations like James Madison and Thomas Jefferson had a particular vision of church-state relations that was more secular and "separation of church and state" oriented. This has been called the "Virginia view" because Madison and Jefferson were both from Virginia and saw their vision validated in the Virginia Statute for Religious Freedom. 

But there were other perspectives; the "Massachusetts view" was most notably articulated by George Washington and John Adams and permitted more expression of religion in public life and more interplay between church and state. 

But onto Arnold's article. A taste:

Was Madison a Christian?

It is quite likely that the beginning of Madison’s rejection of Christian nationalism is found in a rejection of orthodox Christianity more generally. Like George Washington, Madison was meticulous in his effort to keep his precise religious beliefs private, and he shied away from discussing theology or religious doctrine in all of his private correspondence. Whereas Thomas Jefferson and John Adams left ample evidence in their writings that they rejected the divine origins of orthodox Christianity, Madison’s papers never explicitly denounced doctrines such as the divinity of Jesus Christ or the resurrection.11 And yet, it is a mistake to rely upon arguments from silence as a means of bolstering Madison’s claims to orthodoxy. In 1774, when Madison the youth was studying under the Rev. John Witherspoon and considering a career in ministry, he praised the “advocates of the cause of Christ.”12 But after this, references to Jesus Christ in his private correspondence disappeared and he appeared to approach religion with more indifference. As an adult, Madison is said to have refused to kneel for prayer, and though he sometimes attended an Episcopal Church, he never joined it and never participated in holy communion.13 Friends of Madison, such as the Bishop William Meade, attested to his unbelief,14 and George Ticknor recounted a conversation he had with the President in 1815 wherein he “intimated to me his own regard for Unitarian doctrines.”15

But more disturbing than Madison’s apparent shift away from the evangelical theology of his youth is the sense one gets while reading his corpus that his final position entailed more hostility towards traditional Christianity than has often been acknowledged. As early as 1772, Madison included a striking note in his Commonplace Book, quoting from the Cardinal de Retz: “Nothing is more Subject to Delusion than Piety. All manner of Errors creep and hide themselves under that Veil. Piety takes for sacred all her imaginations of what sort soever.”16 Throughout Madison’s long career, he often returned to this theme about the political dangers of piety and religion. “Religious bondage,” he said to his friend William Bradford, “shackles and debilitates the mind and unfits it for every noble enterprize every expanded prospect” [sic].17 While Madison in one instance referred in passing to Christianity as the “best & purest religion,” it is likely that he, like his friend Thomas Jefferson, primarily praised it with a view towards its ethical precepts—precepts accessible to unaided, natural reason—and emphatically not its doctrinal claims uncovered within divine revelation.18 In fact, Madison thought that doctrinal orthodoxy needed to be eliminated in order to further the cause of progress and enlightenment. In a letter to Thomas Jefferson, Madison complained about “Sectarian Seminaries” in Virginia—almost certainly alluding to Calvinist or Reformed institutions of learning—and their incorporation into the Virginia state charter on the grounds that this would empower churches of “any creed however absurd or contrary to that of a more enlightened age.”19 Doctrines must shift and change with the times, and any attempt to ground the nation in a static doctrine of Christianity is a threat to progress.

 [...]

Madison and the Great Divorce of Christianity and Politics 

Because he believed that religion is essentially a passion that causes rather than discourages faction, Madison also contended that it needed to be pacified for liberty to be preserved. The primary method of solving the political problem of Christianity was to encourage religious diversity and foster disunity. As Madison’s friend, neighbor, and first biographer William Cabell Rives reported, the President was fond of quoting Voltaire’s maxim that “if one religion only were allowed in England, the government would possibly be arbitrary; if there were but two, the people would cut each other’s throats; but, as there are such a multitude, they all live happy and in peace.”30 And Madison himself left no doubt that these were exactly his sentiments. He spoke in Federalist no. 51 of how the “multiplicity of sects” was the only security for the preservation of “religious rights.”31 In a letter to Thomas Jefferson, Madison celebrated the fact that the “mutual hatred” of Virginia’s Christian denominations “has been much inflamed.”32 He added: “I am far from being sorry for it, as a coalition between them could alone endanger our religious rights.”33 Where the Apostle Paul spoke of the need for harmony, unity, and love within the body of Christ, Madison preferred that the church be characterized by disarray, discord, and faction. Only then would Christianity fail to mobilize itself as a political force, and only then would the natural rights of individuals be safe from a majority faction. Madison’s view, too, contrasts with the more Pauline beliefs of George Washington, who celebrated the “harmony and Brotherly Love which characterizes the clergy of different denominations” because it further substantiated his conviction that “Religion and Morality are the essential pillars of civil society.”34 

Lillback Repeats Phony Quotation

In 2022. 

Dr. Peter Lillback, President of Westminster Theological Seminary has done some legitimate scholarly work on the history of theology. I've criticized his 1200 page book that purports to show George Washington was an orthodox Trinitarian Christian. Though, let me note the book does have its virtue as a reference for all of Washington's words on matters of religion and government.

I would assume that Lillback is well aware of the "controversy" regarding the phony quotations that the "Christian America" crowd has spread which caused them much egg on their faces. 

But, alas, in 2022, he steps in it.

Now, if you turn to page 16, Patrick Henry, do you remember what he said? The man who said, “Give me liberty or give me death.” He said, “It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists but by Christians, not on religions but on the gospel of Jesus Christ.”

The problem is Henry didn't say the "it cannot be emphasized ..." quotation.  I've been noting this since around 2005. 

I know that the older Patrick Henry backed off from his militant anti-Federalist sentiments; but around the time that the US Constitution was ratified, calling America a "great nation" probably would have made Patrick Henry want to puke. This was a man who objected to the phrase "We the People" in the preamble to the US Constitution because it intimated the US was a single consolidated nation as opposed to a collection of free, sovereign states. He wanted "We the States."

This was back when the United States was commonly referred to in a plural sense, as in "The United States are," as opposed to "The United States is." 

But in any event, Patrick Henry still didn't say it. 

Bolingbroke's Deism

I am still around and blogging, just busy with some work/life issues which is why you haven't heard from me in a while. One of the highlights of my Summer (2022) was peer reviewing a book on Deism which should be out shortly.

Here is the bottom line of this book: Most English, American and French "deists" believed in an active personal God, not a cold distant watchmaker. If the term "deist" isn't appropriate for the theology that posits an active personal God, then lots of folks, not just George Washington, Thomas Jefferson and Ben Franklin need a new term; so too do Robespierre and many of the French Revolution's "deists."

Though one thing that DOES tend to distinguish the English and American "deists" from the French is that the English and Americans retained more of their "Christianity." Someone like Bolingbroke, for instance, thought Jesus was on a divine mission, worked miracles and ascended to heaven.

 
But what DIDN'T Bolingbroke believe? Large parts of the Protestant canon. For instance, he thought the Book of Revelation was false in a nutty way and that everything St. Paul wrote was not in fact true revelation.

He also thought much of the Old Testament was not actual divine revelation. For instance, the supposed curses of Noah on Ham and Canaan. Bolingbroke actually wonders whether those parts of the OT were, instead of divine writ, simply the meanderings of Noah in a drunken stupor. (See this link.) 

If there is a better term than "deist" to describe this creed, I'm all ears. But if we call it either "deism" or "Christianity" we need to clearly define the terms to understand what we are dealing with.

Cambridge Article on Ben Franklin and The Reasonableness of Christianity

This very dense article by one Kevin Slack is found here. There are many good things in this article, most of which I've already seen; but it did manage to deliver something I hadn't noticed before and which I haven't seen either from most contemporary scholars of Ben Franklin and religion.

Apparently Franklin was involved in a liturgy project with one David Williams. From the article:

As a member of the Thirteen Club, Franklin helped David Williams construct A Liturgy on the Universal Principles of Religion and Morality in 1773–1774.Footnote²⁵⁸ Franklin told Williams that he “never passed a Church, during Public Service, without regretting that he could not join it honestly and cordially,” and he wished to revive a “rational form of devotion,” like that of Shaftesbury's deism, for freethinkers.Footnote²⁵⁹ Church attendance had declined, and there was no alternative to the liturgy of the Book of Common Prayer or Dissenter enthusiasm.Footnote²⁶⁰ He “thought it a reproach to Philosophy that it had not a Liturgy and that it skulked from the public Profession of its Principles,” and he lamented the loss of “that pleasure, which all virtuous minds have in a public acknowledgement of their duties.”Footnote²⁶¹ A liturgy was needed to preach the general principles of a common creed: “All disputed opinions should be excluded public-worship; and that all honest, pious men, Calvinists, Arians, Socinians, Jews, Turks, and Infidels, might and ought to worship God together in spirit and in truth.”Footnote²⁶² Thus the liturgy invited the many of all faiths to join in a common creed constructed for a select “Party of Virtue.”Footnote²⁶³

The bold face is mine and it's an exact quotation from their project.

One reason why this piece of evidence may have flown under the radar of many scholars is that the evidence of Franklin's involvement in the project comes mainly from David Williams and not Franklin. However, I have found one letter of Franklin's to Williams and two letters (one and two) from Williams to Franklin.

The letters discuss their project. But in any event what was quoted above in bold reflects as far as I can tell Ben Franklin's adult opinions on both public (political) and private (personal) theology. And it's fairly close to Jefferson's and J. Adams' and thus explains the generic, "non-disputed" God language of the Declaration of Independence. 

Hamburger: "Separation of Church and State: A Theologically Liberal, Anti-Catholic, and American Principle"

For some time I have featured the work of Columbia law professor Philip Hamburger's "Separation of Church and State" with critical commentary. I just hope my criticisms are fair. 

The chapter to that book entitled A Theologically Liberal, Anti-Catholic, and American Principle is available online in its entirety so readers can decide for themselves if I'm being fair. I stand by my assessment; Hamburger is a brilliant scholar who meticulously documents the record, but at times weaves an utterly contentious narrative while doing so. 

For instance, the "Anti-Catholic" and "American" principle Hamburger documents is, as I see it, simply Protestant anti-Roman Catholic animus, that has been present since day one of the Reformation. Hamburger seems to argue in the chapter that the "liberals" are to blame for it and somehow got the theologically orthodox, conservative Protestants to go along for the ride in 19th Century America; but I don't think so. The creedally orthodox, Trinitarian Protestants have as much of a history of anti-Roman Catholic animus as the "liberals" in America and Europe since, again, day one of the Reformation.

The "liberals" as Hamburger describes them, and as I have noted before, were either theologically unitarian or doctrinally lax in the anti-creedal, anti-clerical sense. This theologically liberal Protestantism was also arguably key to the political theology of the American Founding. Arguably, it owns a great deal of the "spirit" of the 18th Century American Founding, not just the 19th century which is the focus of Hamburger's chapter. 

I've also featured the work of Dr. Gregg Frazer whose thesis describes the political theology of the American Founding as not "Christianity" or "Deism" but some kind of hybrid which he terms "theistic rationalism." One could argue that this "theistic rationalism" is actually a late 18th century version of "liberal Protestant Christianity" of the unitarian variant. Very similar to the "theologically liberal" American theologians of the 19th Century whom Hamburger tars with "animus." (Note, the 18th Century American Founders who adhered to this theology like John Adams and others also possessed such anti-RC animus.) 

The legendary 19th Century Unitarian figure William Channing features prominently in Hamburger's chapter as a notable expositor of this kind of "theological liberalism." But one need not even be identifiably self consciously theologically unitarian in order to qualify as an adherent to this kind of theological liberalism. Rather, one would need to be a self consciously anti-creedal and anti-clerical Protestant. Certainly, William Livingston and John Dickinson (basically 1/2 Quaker Whigs who didn't care for creeds or clergy) would also qualify in addition to the "key Founders" that Gregg Frazer identifies (the first four American Presidents, Ben Franklin, etc.). As would the Quakers and perhaps some Baptists who also eschewed creeds. Again, lots of important figures and forces of the 18th Century American Founding. 

Below is an interesting passage from page 13 of Hamburger's above linked article.

In addition, some Enlightenment Protestants attempted to reconcile religion and reason by accentuating what could be inferred from reason and by reducing religion to what was reasonable. Associating reason with the purity of their own faith, Protestants condemned Catholicism as not only unfree but also irrational and superstitious-thereby joining earlier Protestants who classed it with the mummery and horrors of paganism.

This completely resonates with the political-theological zeitgeist of the American Founding (or at least notable elements therein like the aforementioned "key Founders," Revs. Jonathan Mayhew, Charles Chauncy, and Brits. Joseph Priestley and Richard Price). But in this chapter, Hamburger apparently tries to tar it as a "bad guy" position by connecting it to animus and eventually the KKK. 

Article by Philip Hamburger on Justice Barrett

Philip Hamburger's book "Separation of Church and State" turns 20 years old in 2022. Hamburger is a brilliant scholar and Ivy League Professor of Law (Columbia), and as such his work is always well worth engaging. 

But over the years that I've engaged with this work in particular, I've noted how, as meticulously researched as the book is, it makes very contentious, even if interesting arguments. In 2020, writing in Newsweek, Hamburger summarizes his book in the context of an op-ed about Justice Amy Barrett's then confirmation hearings. 

I strongly recommend people read the article for a summary of the book and if further interested in the history of legal church/state relations in America, read his book. 

His book gores certain oxen and vindicates others. If one is a fan of Justice Hugo Black's opinion in Everson v. Board of Education (1947), one's ox is going to be gored. On the other hand, if one is a Roman Catholic seeking a lower or non-existent "wall of separation" complete with a largely accurate history of how certain forces in America have subjected Catholics to animus, the ox vindicated.

What I find very ironic about Hamburger's "narrative," is that while he notes that America's national government forbids an official establishment of religion (or "law respecting an establishment of religion"), he also concedes America did have a kind of "de facto" Protestant Christian establishment.

But -- perhaps this is a message he didn't intend to impart to religiously conservative Protestants who might be sympathetic to his anti-Everson position -- he makes that de facto establishment look very bad in how they used their political power over church-state relations. He basically tars "Protestant Christian America" with animus or bigotry. 

Now, perhaps "Protestant Christian America" is guilty of such bigotry. World history is replete with examples of sectarian mistreatment among social groups taking place within national boundaries in a variety of different contexts. The problem, as I see it in Hamburger's particular claim, is that such simply isn't relevant to how the Establishment Clause ought to operate today or whether the Everson case was rightly decided. 

There were two poles to the theological-political wings of Protestantism in America: the Right wing, who were more traditionally orthodox (either Calvinistic or some other kind of non-Calvinistic, evangelical types) and the Left who were either Unitarian or doctrinally lax. Often it's hard to tell the difference between the two, because they were all "Protestant Christians" and in many cases they may have attended the same churches. Hamburger clearly goes after the "liberals" more so. One chapter to his book is entitled, "A Theologically Liberal, Anti-Catholic, and American Principle." 

But both wings of Protestantism had one thing in common that arguably united them: anti-Roman Catholic animus. According to Hamburger's narrative, it is this Protestant Christian American anti-Roman Catholic animus that motivates calls for "Separation of Church and State." And all of this then becomes connected to the KKK. 

Indeed, Prof. Hamburger reminds us that "Americans United For Separation of Church and State" was previously "Protestants and Others United for the Separation of Church and State" and that the KKK supported all of this. 

Then, the historical villainy that Hamburger so meticulously documents becomes epitomized in a single figure: Justice Hugo Black, author of the Everson opinion. Justice Black was born in Alabama in 1886 and was raised and educated as a Baptist. Somewhere along the way he joins the KKK, has a distinguished political career, ends up on the Supreme Court of the United States and according to his biographer, older, sometimes attended services, with his wife, at the local Unitarian Universalist Church.

On the Court, he votes both FOR Brown v. Board of Education (1954) AND Everson. Justice Black's "liberalism" in life and on the Court -- however "Protestant" it was -- was hardly "Klanish." Even though the facts Prof. Hamburger reports are largely accurate; I see this as the weakest part of his book.

As my friend the late Ed Brayton noted, it's poisoning the well or the genetic fallacy.