Lofton / Falwell Not Preacher He SHOULD Have Been

[Steven Shiffrin]

One of the arguments for avoiding tight connections between church and 
state is that churches are corrupted by their entanglements with the 
state. The question whether religious leaders have been coopted is 
relevant to that discussion and seems clearly on topic. David Kuo, for 
example, in his recent book discusses how brushes with power affected 
Billy Graham and Jerry Falwell. From his perspective, this is a 
discussion of sin (or not), but it is surely on topic.

In addition, the religion clauses are embedded in a culture and the 
nature of that culture has a bearing on how the clauses are interpreted. 
Jerry Falwell played a role in the development of our religious culture. 
His involvement affected the understanding of what the relations between 
church and state should be, I would guess, for millions of people 
including many public officials charged with interpreting the 
Constitution. Admitting that it is possible to make remarks about 
Falwell that are marginally important, I tend to agree with Bobby.
Steve


Volokh, Eugene wrote:

>	A discussion of Falwell's role in the development of Religion
>Clauses law is surely entirely on-topic.  A discussion of whether
>Falwell acted in sad or sinful ways under one's own theological view
>(however sincere or well-reasoned) of what behavior is sad or sinful
>strikes me as no more on-topic than a discussion of whether, say,
>Justices Brennan or Blackmun acted in sad or sinful ways.
>
>	Eugene
>
>  
>
>>>>>RJLipkin at aol.com 05/17/07 9:01 AM >>>
>>>>>          
>>>>>
>> 
>> 
>>In a message dated 5/16/2007 9:59:21 P.M. Eastern Daylight 
>>Time, VOLOKH at law.ucla.edu writes:
>>
>>Please remember that this is a list devoted to the law of 
>>government and religion -- not on whether some people 
>>(recently dead or  otherwise) acted in sad or sinful ways, 
>>except insofar as that pretty  closely connects to the law of 
>>government and religion.
>> 
>>
>>
>>
>>
>>        I am incredulous  that an open  discussion of one of 
>>the most important operatives in  religion and 
>>constitutionalism in the last three decades should be 
>>inappropriate  on this List. Of course, this is Eugene's List 
>>and therefore I will respect his  wishes. But I could not 
>>disagree more with his sense of relevance or  appropriateness 
>>in this matter.
>> 
>>Bobby
>>
>>Robert Justin Lipkin
>>Professor of Law
>>Widener  University School of Law
>>Delaware
>>
>>Ratio  Juris
>>, Contributor: _  http://ratiojuris.blogspot.com/_
>>(http://ratiojuris.blogspot.com/)
>>Essentially Contested  America, Editor: 
>>_http://www.essentiallycontestedamerica.org/_
>>(http://www.essentiallycontestedamerica.org/) 
>>
>>
>>
>>************************************** See what's free at 
>>http://www.aol.com.
>>
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>>
>>    
>>
>_______________________________________________
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