James Madison, Hugo Black, and America’s Wall

Every church, synagogue, and mosque should have a sign: “If we are right, it matters.” America needs religions that function freely. America for the health of its polity, values, and culture needs many churches, synagogues, and mosques with their schools, hospitals, and social agencies. Why? Because America needs vigorous, sometimes raucous, multitudes who believe they are right, and who are willing to act on their belief. In counter-point to its secularity, America needs “out-ted” Evangelical Christians, fundamentalists, pro-life Catholics, Jehovah Witnesses, Hasidic Jews, the Amish, Quakers, Mennonites, Southern Baptists, Hindus, and Muslims of all kinds—acting on the belief that they are right. Through their beliefs, and they are indeed different, transcendent claims are made. For the flourishing of America, the religions must be allowed the freedom to attempt to be right and thus to matter. Secularity must open up. Likewise, for the flourishing of its polity, values, and culture, America needs Muslims.

James Madison, the father of the Constitution and of the Bill of Rights, might agree. At first in 1790, Madison thought that an amendment on freedom of religion was unnecessary. James MadisonThe new government had no enumerated power regarding religion, and thus should do nothing in religious matters. Religion and non-religion could flourish, or not, without government interference. However, Madison changed his mind. The first amendment was added: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Even so, Madison did not trust the government. The first amendment was necessary, but it could be a “parchment barrier.” The virtuous and benign behavior of government could not be assumed. This distrust is compounded when the secular polity, values, and culture of America increasingly confine religion to private worship and preclude its public involvement. Madison hoped that religious liberty, and liberty in general, would be preserved by religious groups checking and balancing each other. In fact, Voltaire had already in his mocking way stated this: “If there were only one religion in England, one might fear despotism; if there were two, they would slit each other’s throats; but there are thirty of them, and they live happily in peace.”

I deeply regret the use made of Jefferson’s extra-constitutional metaphor of a “wall” of separation between Church and State. The “wall” takes on a life of its own. In Justice Hugo Black’s famous words in Everson vs. Board of Education (1947),

 “The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass Hugo-Blacklaws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go or to remain away from church against his will or be punished for entertaining or professing religious beliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, or practice religion. Neither a state nor the Federal government can, openly or secretly, participate in the affairs of any religious organizations or groups, or vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.”

The issue is with Black’s unwarranted “vice versa.” Government not to participate in religion, religion not to participate in government, this interpretation emphasizes non-establishment at the expense of “free exercise.” It gives the government the right to determine what a religion is, not the religions themselves. The government decides where the “wall” is. Instead of the wall keeping government out of religion, it is a wall to keep religion, as defined by the government, out of public life. Public engagement is part of the very definition of religions like Catholicism and Islam; thus free exercise is diminished by this presumed “wall.”

Catholics need to be in the public square with a loud voice, precisely because of what they believe. The First Amendment was meant to protect the right to participate in public life. Catholicism is a public religion. The government should not decide that it is not. Catholics as individuals, but also institutionally, want a loud voice because of what they believe about the meaning of life “in this world and in the next.” Another needed voice with different transcendent claims and a different transcendent imperative to act on those claims is Islam. Christians should welcome the presence of Muslims with their belief in a transcendent God who has spoken through Muhammad, and whose belief impacts the way that they live.

When Muslims immigrate, they experience the problems of the immigrant: assimilation, resistance, ambivalence, adaptation, rejection, acceptance, and acculturation. For the American Muslim there is an added dimension. Behind the Muslim immigrants lies the fourteen-hundred year old great tradition of Islam. Like Christianity, Islam for a time informed a civilization. The Muslim immigrant and the practice of surrender to God are severely challenged by American secularity. However, the conflict of values is a two-way street. Every immigrant is a challenge to the society’s assimilative power and to its adaptive capacity. If the immigrant is a Muslim, then the immigrant brings to America a religion and culture with more than one billion adherents undergoing a religious and cultural renewal. Muslims, as they seek to live a God-guided life, cannot but confront and contest American secularity. Catholics from their own experience of being American should appreciate the Muslim’s dilemma of being a resident alien. In the words of Pope Francis,

“Our relationship with the followers of Islam has taken on great importance, since they are now significantly present in many traditionally Christian countries, where they can freely worship and become fully part of society .  .  . In order to sustain dialogue with Islam, suitable training is essential for all involved, not only so that they can be solidly and joyfully grounded in their own identity, but so that they can also acknowledge the concerns underlying their demands and shed light on shared beliefs. We Christians should embrace with affection and respect Muslim immigrants to our countries in the same way that we hope and ask to be received and respected in countries of Islam tradition.”

Muslim and Christian resident aliens need to find cultural space, space to breathe within the polity of America for the free exercise of God-guided lives knowing, loving, and serving God in this world in order to be happy with God in the next. America’s polity, values, and culture will be richer for it.

Daniel Sheridan teaches theology for Saint Joseph’s College.

Love and Education

Worth Revisiting WednesdayThis post originally appeared on August 31, 2014. With a new school year beginning, it is worth a revisit!

On Father’s Day, I posted a piece on God’s paternal love for us, drawing from both the Hebrew Scriptures (Ex 34:6-8) and the New Testament (Lk 15:11-32). Recently, I read a presentation delivered by Pope Francis, then Cardinal Bergoglio, entitled “The Educational Process” which describes the relationship between teacher and student in similar terms. In this paper, Pope Francis describes the difficulties which teachers, especially college and university professors, can encounter that derive from the contemporary culture which we inhabit. These difficulties include facing special interests within the educational system which “are alien to education itself,” and the ever-increasing phenomenon of the participants in the educational process (i.e., students, teachers, and parents) becoming disengaged with their own formation and the formation of those in their charge. “We have become spectators,” Pope Francis writes, “and ceased to be protagonists of our personal history and our life.”

Supper at EmmausTo bridge these divisions, Pope Francis proposes a pedagogy of “encounter.” By this he means that the educational process ought to be characterized by a type of love. Drawing from the New Testament, and the Greek learning inherited by the early Church, Pope Francis distinguishes between three types of love. Eros is a type of love which seeks its own satisfaction. Naturally, it has come to be associated with romantic love but is certainly not limited to that sphere. Whenever we have a deep desire which seeks consummation – and many of the mystics speak of the transformation and sanctification of this desire for God – it is, so to speak, erotic. Agape, on the other hand, is a type of love which is self-sacrificing. It expects nothing in return, but wills the good of the other. Christ’s self-sacrifice on the cross is the example par excellence of agapic love; so much so that, in the early Church, the commemoration of Christ’s sacrifice in the Eucharist was referred to as the ‘love (agape) feast.’

School of AthensBut education is not built upon either of these senses of love. A third type of love, which is the foundation of a pedagogy of “encounter,” is philia. Derived from the Greek word for ‘friend,’ philia is a love which is neither totally self-seeking nor totally self-sacrificing. Rather, philial love is given with the expectation of reciprocity; thereby forming a communion of persons. “It is a love of relationship,” Pope Francis writes, “participation, communication, and friendship.” Pope Francis is not advocating, however, that professors become “BFF’s” with their students. Philial love in this context is characterized by a concern for the good of the student and a recognition of the good in the teacher. It is much closer to the relationship between a parent and a child than the relationship of peers to each other. It is, one might say, covenantal.

Pope Francis sees this love as the foundation of a pedagogy of “encounter” because it is only within this type of friendship that both teacher and student can “encounter” each other as persons. Within this friendship, the student is not simply ‘student x,’ but Joseph. The teacher is not simply ‘my professor for subject y,’ but Dr. Mary. Again, as Pope Francis writes: “For this educational encounter to happen, we teachers […] need affection. Trust in your affection. Love what you do and love your students.”

Christs Charge to PeterIn closing, the type of love which Pope Francis speaks of as the foundation of education is most uniquely illustrated at the end of St. John’s Gospel (21:15-19). After his glorious resurrection, Jesus asks Peter three times if he loves him. Naturally, and as one reads in every scriptural commentary on this passage, Jesus asks this question of Peter three times as a way of redeeming Peter’s three denials of him on Holy Thursday. But what is lost to the English reader is that Jesus asks Peter if he ‘loves’ (agapas) him twice. The final question to Peter is: “Do you love (phileis) me?” In other words, Jesus twice asks Peter if he would sacrifice himself for him, but on the third occasion he asks Peter: “But are we friends?” It is not enough for Peter to repent of his denials by offering himself for Jesus. No. In order to “tend Jesus’ sheep,” the two must have an active, living relationship: a friendship. In order to form others in Christ, one cannot simply view one’s ministry as a sacrifice. There must be present a friendship with Christ that one wishes to share with others. Similarly, a true education cannot be founded solely upon the idea of serving the other – let alone the simple communication of data – but upon a living and relational encounter: a friendship.

Anthony Coleman teaches theology for Saint Joseph’s College Online.