There are two church-state crises today. The first is a crisis in interpreting the Establishment Clause of the First Amendment to the U.S. Constitution. Since 1947, the United States Supreme Court has promised government neutrality toward religion. But the public square is not neutral. The national motto is "In God We Trust" and the Pledge of Allegiance denominates us a nation "under God". The public square is not even neutral among religions. Government displays of the Ten Commandments and other biblical images are common and have been upheld as constitutional.

PrefaceIntroductionI. The Establishment Clause Crisis1. What We Say: The Supreme Court's Promise of Government Neutrality Toward Religion2. What We Do: The Failure of the Supreme Court to Redeem the Promise of Government Neutrality3. Why Only the People and Not History Can Resolve the Establishment Clause Crisis4. Proposals That Have Failed to Resolve the Establishment Clause CrisisII. Using Government Speech and Higher Law to Resolve the Establishment Clause Crisis5. The Establishment of Higher Law6. Using Religious Symbols to Establish Higher Law7. Applying Higher Law in Church/State IssuesIII. Using the Higher Law Establishment Clause to Save Secularism8. The Failure of Secularism under the New Atheism9. The New New Secularism and the Higher Law10. Is God a Universal Symbol?11. The New Politics of Higher Law SecularismConclusion: Perfecting DemocracyNotesBibliographyIndex