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It is widely conceded that the Supreme Court has struggled to create a coherent, consistent set of principles on which to base its decisions about the relationship between Church and State. This paper argues that what would help bring conceptual clarity to this contentious set of issues is a historically informed theory that can be labeled developmental, or structural. It presents such a theory by examining two sets of facts: First, a fact that most constitutional scholars have overlooked–that the Constitution and Bill of Rights were drafted and ratified during a period of relative religious calm in between periods of great evangelical fervor, namely the First and Second Great Awakenings (the "accident"). Second, as is well known, that the framers did not foresee the development of stable political parties (the "mistake"). This essay first briefly summarizes the state of the law in this area, and then examines the ways in which the Second Great Awakening combined this accident and this mistake to transform American culture and politics, including electoral politics, and the implications of that transformation. [ABSTRACT FROM AUTHOR]

This chapter argues that the theoretical core of the First Amendment can be found in the concept of disestablishment, and that the meaning of disestablishment can be, and has been, extended from the religious sphere to the secular. It explores the historical development of rights of conscience and dissent, and the application of those rights to various changing historical circumstances, such as the development of political parties and the struggle over slavery. It then turns to an application of this analysis to several contemporary First Amendment controversies, including campaign finance and sexual expression. [ABSTRACT FROM AUTHOR]

The article discusses the threnody of contemporary liberalism which involves the failure of a liberal society to foster a sense of community among its citizens. Based on the perspective of U.S. constitutional theory, the longing for community is a chimera as the discussions have been overly abstract by misunderstanding and ignoring the conditions under which a community can flourish and the methods by which a community must be fostered. The hardest questions on society take the form of constitutional arguments by the marginalized groups who are seeking for their legal right.