CHRISTIANITY AND POLITICS
William Cavanaugh and Thomas Berg
Theo 363 (“Theology and Politics”)
Law 892 (“Law and Religion: Selected Topics”)
Course Description
The Christian faith began as a small movement in a corner of the Roman Empire. Over
the next 2000 years, it spread throughout the world, became the official faith of most of the
nations of Europe and the West, and then saw its official status challenged by a host of
competing forces such as modern science, religious pluralism, and increasing material prosperity.
As Christianity has become somewhat untangled from its close intertwining with the state, some
Christians have become angry; others have found new ways for the Church to cooperate with the
state; and some have celebrated the separation on the ground that a focus on relating to the state
always compromises the Church’s independence and distinctive message. Through all of these
stages of history, Christian communities have articulated and pursued a variety of relationships
with the powers of the political realm.
This team-taught course aims to study Christianity, law, and politics in an integrated way:
by integrating the insights of theology and legal theory, and by integrating undergraduate and
law students in the course so that each group can contribute to the discussion and learn from the
other. The first half of the course will emphasize theological foundations from the Bible and
church history. The second half will emphasize how Christianity has interacted with law and
politics in the specific setting of America, ending with case studies of two very current political
debates in which Christians have become involved: homosexuality and same-sex marriage, and
the wars against terrorism and Iraq. The readings in the course will range from Biblical passages
to theological works to U.S. Supreme Court decisions to current articles from religious and
political magazines. We hope that this approach will give students a variety of perspectives on
the political aspects of Christianity. We also hope that under this format, modern-day Christian
outlooks will be tested by the wisdom of ancient sources, and vice versa.
Class Meetings and Reading Assignments
Classes will meet on the St. Paul campus on Tuesday and Thursday mornings. Because
each class is budgeted for 100 minutes, we will take short break in the middle of each. The
College and the School of Law are on different schedules, and so we have made adjustments in
our schedule for the course. First, class meetings will begin on September 9, the beginning of
the College semester but three weeks into the Law semester. Second, law students have a break
the week of October 11; the College students in the course will meet alone that week for a
midterm examination and a lecture introducing legal concepts that will be important for the
second half of the course. Third, class meetings will end on December 2, just before Law exams
but a week before the end of the College semester. Finally, to make up for class meetings lost
because of the schedule discrepancies, we will meet on two Sunday evenings, October 24 and
November 14; one of these meetings will be on campus, and the other at Professor Berg’s home
in Minneapolis (directions and other logistical information to follow).
The readings will be available from a variety of sources. You should read the Biblical
passages in your own copy of the Bible (The New Oxford Annotated Bible preferred, but most
other versions are OK). Some of the readings will be available on “electronic reserve” from the
College and Law School libraries or on the Blackboard system. In some cases we will provide
links to material on the Internet. The readings for different class meetings will vary in their size
as well as their nature. Sometimes there will be one or two long sources to read, at other times
shorter excerpts from a number of sources.
Class Participation and Attendance
We will try to keep the class lively, with plenty of discussion, questioning, and thinking out
loud. We will ask questions and also call on students. You don't need to have all the answers, but
you will be expected at least to ask questions that show you are engaged with the material. Bring
the reading material for the day to class with you, and take thorough notes.
A significant portion of your grade depends on your coming to class prepared to talk about
the readings. More than four absences will have a considerably detrimental effect on your
participation grade.
Quizzes
We will have a number of short unannounced quizzes during the semester to ensure that
you are keeping up with the reading. The quizzes are designed so that any student who has done
the reading attentively will be able to do well. Quizzes cannot be made up for any reason. At the
end of the semester, your lowest quiz grade will be dropped.
Grading
We will meet almost always as a group and discuss the materials together. However,
because of the different schedules and grading systems in the College and the School of Law,
students from the two schools will be graded differently.
Students in the College will be graded as follows: 15 percent of the grade for class
participation and quizzes, 10 percent for a short position paper (4 pages), 20 percent for the
midterm exam, 25 percent for the final exam, and 30 percent for a 10-page research paper.
Professor Cavanaugh will pass out a list of suggested topics for papers at the beginning of the
semester; the list is meant to be non-exhaustive, but you will need to get Professor Cavanaugh’s
approval before proceeding with a topic.
Law students will be graded as follows: 20 percent of the grade for three short position
papers (maximum 4 pages) due at various points in the semester, 10 percent for class
participation and in-class quizzes, and 70 percent for a final paper on a topic of your choice to be
arranged with me. The final paper is subject to the same requirements as the School of Law
writing requirement, and if successfully completed it will satisfy the writing requirement for
graduation. Professor Berg will pass out a list of suggested topics for papers at the beginning of
the semester; the list is meant to be non-exhaustive, but you will need to get Professor Berg’s
approval before proceeding with a topic.
READING ASSIGNMENTS
I.
INTRODUCTION
Thu. 9/9
Course Introduction; Pledge of Allegiance Issue
Newdow v. U.S. Congress (9th Cir.) (available on Blackboard)
Tue. 9/14
Pledge of Allegiance cont’d.
Newdow (see above)
Brief Amici Curiae of Rev. Dr. Betty Jane Bailey et al., in Newdow1
Brief Amici Curiae of Christian Legal Society et al., in Newdow2
II.
CHRISTIAN FOUNDATIONS
A. Biblical Foundations
Thu. 9/16
The Human Predicament
Genesis 1-12; Enuma Elish, tablets 1-2, 4-6 at
http://ccat.sas.upenn.edu/~humm/Resources/Ane/enumaA.html
Covenant and Law
Genesis 15-17; Exodus 19-23; Jeremiah 11
Tue. 9/21
Kings, Prophets, Priests
Psalms 93, 97; I Samuel 8; II Samuel 7-12
Thu. 9/23
Social Justice and the Coming Age
Deuteronomy 15:1-18; Amos; Isaiah 2:2-4, 9:1-17, 11:1-10
Tue. 9/28
Law and Ethics of the Kingdom
Matthew 1-7, 10, 16, 18
Thu. 9/30
God and Caesar
Matthew 20-28
Tue. 10/5
Church and World
Acts 1-4; I Corinthians 6, 10-12; Romans 12-13; Hebrews 12-13
First position paper for law students due
Thu. 10/7
Church of the Martyrs
Revelation 1, 4-7, 12-14, 17-21; Origen, Against Celsus, bk. 8, ch. LXVILXXV at http://www.newadvent.org/fathers/04168.htm
1
http://pewforum.org/religion-schools/pledge/docs/Bailey.pdf
2
http://pewforum.org/religion-schools/pledge/docs/ChristianLegalSociety.pdf
Tu 10/12
Th 10/14
Law School Fall Break; Undergraduate Midterm Examination
Law School Fall Break; Undergraduate Lecture on Constitution and Courts
B. Christianity After Constantine
Tue. 10/19
Conversion of Constantine
Eusebius, Church History book 10, ch. 2, 5-7, 9 at
http://www.newadvent.org/fathers/250110.htm; Rule of St. Benedict,
prologue and ch. 1-7, 33-4, 73 at
http://www.kansasmonks.org/RuleOfStBenedict.html
Thu. 10/21
Two Cities
Augustine, City of God, book 15, ch. 1-7 and book19, ch.1-28 at
http://www.newadvent.org/fathers/1201.htm
Sun. 10/24
Church and Politics in the Medieval Period
Gelasius I, Letter to Anastasius at
http://campus.northpark.edu/history/Classes/Sources/PopeGelasius.html; Gregory
VII, Dictatus Papae and Letter8.21 (electronic reserve); selections from the
Norman Anonymous (electronic reserve); at
http://clicnet.clic.edu/search/pCavanaugh/pcavanaugh/1,2,3,B/l962~2210797&FF
=pcavanaugh+william&2,,2,7494,-1 Aquinas, Summa Theologiae, I-II, questions
90-1 and 94 at http://www.newadvent.org/summa/2.htm
Tue. 10/26
Church and Politics in the Reformation
Luther, “On Secular Authority”; Calvin, Institutes, Bk. 4, ch. XX at
http://www.smartlink.net/~douglas/calvin/bk4ch20.html ; Act of Supremacy
(Henry VIII) at http://www.britainexpress.com/History/tudor/supremacy-henrytext.htm; “Schleitheim Confession” at http://www.reformedreader.org/ccc/scf.htm
III.
CHRISTIANITY IN AMERICAN LAW AND POLITICS
A. Historical Overview
Thu. 10/28
Historical Sources of American Church-State Approaches
Winthrop, “A Model of Christian Charity”; Washington, “Farewell
Address”; R. Williams, The Bloudy Tenent of Persecution; Locke, “Letter
Concerning Toleration”; Madison, “Memorial and Remonstrance Against
Religious Assessments”; First Amendment, U.S. Constitution
Second position paper for law students due
Tue. 11/2
Religion and Politics in Post-Constitutional History
M. Smith, “Religious Activism: The Historical Record”;3 Tocqueville,
3
Westlaw, 27 WMMLR 1087.
Democracy in America; Laycock, “Continuity and Change in the Threat to
Religious Liberty”4
B. Legal, Jurisprudential, and Theological Frameworks
Thu. 11/4
Modern Church-State Theories: Separationism and Neutrality
Lemon v. Kurtzman, 403 U.S. 602 (1971); Lee v. Weisman, 505 U.S. 577
(1992); Employment Division v. Smith, 494 U.S. 872 (1990); Zelman v. SimmonsHarris, 536 U.S. 639 (2002); G.W. Bush, “Executive Order: Equal Protection of
the Laws for Faith-Based and Community Organizations”5
Tue. 11/9
Legal Rules on Religion in Politics
Epperson v. Arkansas, 393 U.S. 97 (1968); Harris v. McRae, 448 U.S.
297 (1980); Lawrence v. Texas, 123 S. Ct. 2472 (2003); Branch Ministries v.
Rossotti, 211 F.3d 137 (D.C. Cir. 2000)
Jurisprudential and Theological Views on Religion in Politics
Audi, “The Place of Religious Arguments in a Free and Democratic
Society”;6 Perry, Love and Power; Smolin, “Regulating Religious and Cultural
Conflict in Post-Modern America”;7 Hauerwas, from After Christendom
Sun. 11/14
C. Current Case Studies
Third position paper for law students due
Tue. 11/16
Homosexuality and Marriage
Wink, “To Hell with Gays?”;8 Gagnon, “Gays and the Bible: A Response
to Walter Wink”;9 Finnis, “Law, Morality, and ‘Sexual Orientation’” (or Lee and
George, “What Sex Can Be”); Aquinas, Summa Theologiae I.96.2
Thu. 11/18
Homosexuality and Marriage (cont’d.)
Harrison, “The Connection Between Misogyny and Homophobia”;
Griffiths, “Legalize Same-Sex Marriage”;10 M. Steinfels, “From Sex to Sect?”11
4
Westlaw, 80 MNLR 1047.
5
http://www.whitehouse.gov/news/releases/2002/12/20021212-6.html.
6
Westlaw, 30 SANDLR 677.
7
Westlaw, 76 IALR 1067.
8
Westlaw, 6/5/02 CHRSTNCTY 32 2002 WL 9378511.
9
Westlaw, 8/14/02 CHRSTNCTY 40, or 2002 WL 9378691.
10
http://www.commonwealmagazine.org/2003/october242003/10242003ar1.htm.
Tue. 11/23
War and Peace: Terrorism and Iraq12
Powers, “An Ethical Analysis of War Against Iraq”; R. Niebuhr, “Why the
Christian Church is Not Pacifist”; Johnson, “Using Military Force Against the
Hussein Regime: The Moral Issues”;13 Baxter, “Just War and Pacifism: A
‘Pacifist’ Perspective in Seven Points”;14 Darrell Cole, “Listening to Pacifists”15
Tue. 11/30
War and peace: Terrorism and Iraq (cont’d.)
Continue with previous readings
Thu. 12/2
Christianity and Political Officeholders
U.S. Conference of Catholic Bishops, Statement on Catholic Politicians
and Voters; Stanley Hauerwas and others on Bill Clinton, from Judgment Day at
the White House ]]
12/XX
Undergraduate Final Examination
12/XX
Law Student Final Papers Due
11
http://www.commonwealmagazine.org/2003/october242003/10242003ar2.htm.
12
General: seehttp://www.ratzingerfanclub.com/justwar; http://www.pewforum.org/just-war.
13
http://www.fpri.org/enotes/americawar.20021204.johnson.militaryagainsthusseinmoralissues.ht
ml. Or Weigel, “The Just War Case for the War”
(http://www.eppc.org/news/newsID.1577/news_detail.asp).
14
http://www.cjd.org/paper/baxpacif.html.
15
http://www.firstthings.com/ftissues/ft0208/opinion/cole.html.