A Godless Constitution? Faith, Politics and Speech in the Bill of Rights of the United States

Abstract

This article takes a fresh look at the place of religion in the US Constitution. By reviewing the most important literature on the First Amendment and by considering the key judicial rulings on the matter, this piece argues that US constitutional law adopts an exceptionally careful approach when it comes to the place of religion in America’s public sphere. This approach is both sympathetic towards private belief, yet uncompromising about the importance of Church-State separation. I conclude that the distinction of the US legal system lies within its very capacity for achieving this balance.