by I just received in the mail Donald Drakeman’s book called “Church, State, and Original Intent” (Cambridge 2010). This is an excellent treatment of its subject. I read it over quickly a couple of months ago when our library got a copy, but I put off buying my own because it was, frankly, pretty expensive. But now the book appears to be out in paperback, and I hope it will find lots of readers.
The book isn’t limited to discussing “original meaning” as of 1789, but it does have some good research and analysis on that point. Drakeman basically concludes that the establishment clause was intended to prevent creation of a national church, and that was pretty much it; the clause wasn’t intended (as so many people suppose, or demand) to embody some large “principle” like public secularism or neutrality. It’s offensive, of course, that the framers were so inconsiderate as to fail to give us what we want and need, but there you have it. Drakeman at various points distinguishes his interpretation from one that I have advocated, but my reaction was: he may disagree with me, but I don’t disagree with him. Not significantly anyway.
In any case, I enthusiastically recommend this book.
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