Document Type

Book Review

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This Essay reviews Jack Rakove’s Beyond Belief, Beyond Conscience and Winnifred Fallers Sullivan’s Church State Corporation with an eye towards the complex management of religious property in U.S. constitutional doctrine. Part I summarizes Rakove’s book and highlights its value in the context of recent scholarship on early American legislative theory. Part II critiques Rakove’s turn from description towards advocacy of James Madison’s liberal protestant political theology. Part III summarizes Sullivan’s book as a particularly potent rebuttal to Rakove’s. Part IV takes up Sullivan’s method to consider the most recent crisis of religious property before the Supreme Court, that of government lockdowns in the Covid-19 pandemic. Part V concludes.


Constitutional Law | Law | Religion Law


Beyond Belief, Beyond Conscience: The Radical Significance of the Free Exercise of Religion by Jack N. Rakove, Oxford: Oxford University Press, 2020, pp. 240, $22.95.

Church State Corporation: Construing Religion in US Law by Wnnifred Fallers Sullivan, Chicago: University of Chicago Press, 2020, pp. 192, $27.50.