Jay Wexler

  • October 20, 2010
    Boston University Law School professor Jay Wexler, also an expert on constitutional law, is offering Delaware Senate candidate Christine O'Donnell some help with handling questions on the Constitution, and in particular, the amendment that includes the religious liberty clauses.

    As Wexler notes in this blog post, his recent book Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars, has been widely lauded. For example Publisher's Weekly said the book's "lucid explications of difficult constitutional concepts and the vagaries of Supreme Court rulings are superb, providing readers a deeper understanding of the First Amendment and Supreme Court jurisprudence."

    In a recent debate with her Democratic opponent, Chris Coons, O'Donnell appeared to find it news that the First Amendment guarantees a separation of church and state. As The News Journal, a Delaware daily, noted the crowd of mostly law professors and students at Widener School of Law "gasped" when O'Donnell maintained that the First Amendment does not require a separation of church and state. She called the principle a "myth."

    Wexler writes:

    I've watched the footage, and I think that probably she was trying inartfully to make the old point that the First Amendment does not actually include the phrase "separation of church and state." This is true, but irrelevant. The First Amendment says that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Supreme Court has long interpreted these two clauses (the Free Exercise Clause and the Establishment Clause) to require a certain amount of separation between church and state, with the details of what exactly that means with respect to various specific controversies worked out over time through lots of cases examining particular facts.

    So Wexler has offered some help. "I have written a book about exactly what the religion clauses mean, in a way that I think even she could understand," Wexler says. "So, here's my offer to you, Ms. O'Donnell. If you would like a copy of my book Holy Hullabaloos: A Road Trip to the Battleground of the Church/State Wars, to help you prepare for your next political debate, I would be absolutely delighted to send it to you free of charge, and I'll even pay for the postage."

    For more information about Wexler's book, see his ACS Book Talk post here.

  • July 24, 2009
    BookTalk
    Holy Hullabaloos
    A Road Trip to the Battlegrounds of the Church/State Wars
    By: 
    Jay Wexler, Professor of Law, Boston University School of Law
    I remember practically the exact moment when I came up with the idea for Holy Hullabaloos. I was sitting on my gray couch reading Assassination Vacation by Sarah Vowell, really enjoying her bizarre road trip to all these places having something to do with the country's three non-Kennedy-related-presidential-assassinations (Lincoln, McKinley, Garfield) when I suddenly realized-hey, I can go on a road trip too! I was about to begin a sabbatical after six years of teaching church/state law, and what better way to spend my time than to go check out these places I had been teaching about and writing about for so long? I had always wondered what the Hasidic community of Kiryas Joel was like (was everyone there a Satmar?). I had always wanted to view some legislative prayers (how many people were on the Senate floor during the prayer?). I had always wanted to see a Friday Night Lights football game at Santa Fe High School in East Texas (are they still praying before kickoff even after Santa Fe v. Doe?). I think I got up from the couch and started knocking out the proposal that very day.

    It's one thing to take a road trip and see a bunch of places, though, and quite another to discover stuff that people might want to read about. In the back of my head I think I always knew that I would have to actually talk to some people in these places if the book was going to be at all interesting. But since I'm kind of an anti-social weirdo, the prospect of interviewing people was kind of terrifying. I hadn't conducted an interview since junior year of high school, when I interviewed Mr. Robinson, a young new physics teacher at our school. I asked him if he wanted to teach for his entire career, and he told me he planned at some point to go back to grad school. Unfortunately, in the paper "grad school" came out as "grade school," and Robinson, who was already kind of struggling as it was, subsequently lost control of his class entirely. Oops.