Religion and Law in American Society

In addressing the questions posed here it is important to remember the tasks they create.  They can be framed in two different ways: one part of the problem deals with deriving ideal results from the law and philosophy of the United States; the other part deals with addressing the manner in which public attitudes shape the impact of law and philosophy on reality.

Accordingly, a two-pronged approach to research is appropriate.  The first question requires addressing the writings of political philosophers, legislators, and jurists directly.  What does their reasoning mean?  What does it imply?  How are conflicts dealt with?  This requires finding the actual writings themselves (which should be readily available in databases and anthologies) and finding how history has related them.  Such begins to reveal the idealized legal philosophy of the United States with respect to church-state relations.

The ideal is often mitigated by the action of society, however, and social influences must be taken into account.  What does the public think?  What is it doing to manipulate the relationship between church and state?  How does it evaluate the philosophy and law of the United States?  In answering these questions it is important to remember that public opinion is not necessarily responsive to bare facts but instead to perceptions.  Media and other sources of information shape those perceptions and report on them.  Blogs, activist organizations, and other interested resources may not be valuable as sources of factual information on law and philosophy, but they are useful in gauging public opinion and thought.  Treat them accordingly.